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Ordinance: 13652
File Number: 1181
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/8/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING
SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS;
EXCEPTIONS", TO EXCLUDE THE USE OF THE PROCEDURE PROVIDED BY
SECTION 55-10(I) TO CONSTRUCT ANY IMPROVEMENTS ON PRIVATE
PROPERTY LOCATED WITHIN A NEIGHBORHOOD CONSERVATION
DISTRICT PRIOR TO APPROVAL OF THE FINAL PLAT, AND IN THE MIAMI 21
CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Mayor Francis Suarez
WHEREAS, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), sets forth in Appendix A various Neighborhood Conservation
Districts ("NCD") which include, as of this date, the following NCDs: Coral Gate (NCD -1), Village
West Island District (NCD -2), and Coconut Grove (NCD -3); and
WHEREAS, each of these NCDs has unique and distinguishing stable, traditional, and/or
historic styles and characteristics in the structures, landscaping, layout, massing, and attributes;
and
WHEREAS, the City of Miami ("City") desires to be of assistance to the community, the
stakeholders, the Owners and the neighbors in enhancing and maintaining these unique
characteristics; and
WHEREAS, the relaxed construction prior to approval of a final plat made possible by
the applicable provisions of Section 55-10 of the Code of the City of Miami, Florida, as amended
("City Code"), is detracting or diminishing the unique characteristics of the NCDs; 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 residents to amend
the City Code as set forth 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.
City of Miami Page 1 of 4 File ID: 1181 (Revision: 8) Printed On: 6/25/2018
File ID: 1181 Enactment Number: 13652
Section 2. Chapter 55/Section 55-10 of the City Code entitled "Subdivision
Regulations/Building permits; issuance; restrictions; exceptions" is amended in the following
particulars:'
"CHAPTER 55
SUBDIVISION REGULATIONS
Sec. 55-10. Building permits; issuance; restrictions; exceptions.
(a) No building, paving, remodeling or renovation permits shall be issued for any structure, or
other on-site improvements, on any land for which a plat has not been recorded in the public
records of the county or on a lot of record that has been divided into separate parcels, except as
hereinafter expressly provided.
(d) A permit may be issued for the repair, remodeling or renovation of a conforming or
nonconforming building (other than a &done -family detached dwelling and customary
accessory buildings), structure or parking lot on a parcel of unplatted land or on a lot of record
that has been divided into separate parcels, if proof is submitted that said unplatted parcel was
described by deed prior to September 25, 1946, or that said division of lot was approved under
zoning regulations in effect prior to June 27, 1983. Said permit will be for ordinary repairs,
remodeling or renovation, for repairs or replacement of nonbearing walls (or of bearing walls
where necessary for structural safety), fixtures, wiring or plumbing to an extent not exceeding
those applicable provisions of Miami 21 Code, as amended, or the Florida Building Code,
whichever is more restrictive.
(i) A building permit may be issued for construction of improvements on private property or on
governmental agency -owned land within the boundaries of an approved tentative plat prior to
final plat approval and recordation thereof, with the exception of any land on any private
Property of an approved tentative plat that is wholly or partially within a Neighborhood
Conservation District ("NCD") as defined and provided for in Appendix A of the Miami 21 Code,
the Zoning Ordinance of the City of Miami, Florida, as amended, or any successor zoning
ordinance including a NCD, unless the property owner has obtained a Tentative Plat approval
that does not diminish Lot size or increase the number of Lots, subject to: (1) completion and
approval, by city commission resolution, of the rights-of-way and platted easements vacation
and closure procedure as set forth in section 55-15, if applicable; (2) submittal of an opinion of
title from an attorney member of the fund in a form acceptable to the city attorney; (3) execution
of the subdivision improvements agreements and any development agreements warranted by
the city; and (4) the recording of an agreement executed by the private property owner or the
governmental agency, the developer and the city, at the private property owner's or the
governmental agency's expense. The provisions of the agreement shall include, as applicable,
but not be limited to the following:
' The 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 2 of 4 File ID: 1181 (Revision: B) Printed on: 6/25/2018
File ID: 1181
Enactment Number: 13652
(1) Payment of all actual or estimated permit and other applicable regulatory fees
associated with the improvements to the city prior to issuance of any building permits.
(2) Acknowledge they are proceeding at their own risk and acknowledge that they will
not make a vested/property rights claim or cause of action arising or accruing by virtue
of these exceptions and agree to indemnify, defend, and hold harmless the city, and,
when applicable, post a payment and performance bond for the city in connection with
the improvements on the tentative plat.
(3) Agree to immediately cease all construction and relinquish any and all rights to
improvements constructed on the property to the governmental agency in the event
that the plat is not recorded within the recordation period, as defined in subsection
(10), and thus allowing the city to withdraw from the payment and performance bond.
(4) Acknowledge that nothing in the agreement shall prejudice the city's right to impose
conditions on approval of the plat which are required by state, county, and/or city plat
ordinances and zoning regulations or are otherwise necessary to ensure the public
health, safety and welfare of the citizens of the city; nor shall the city be stopped from
enforcing the terms of the agreement by reason of its issuance of building permits.
(5) Agree that the issuance of building permits is not a grant of any vested right
whatsoever to the governmental agency or developer to use to complete construction
of the project within the boundaries of the plat.
(6) Acknowledge that a temporary certificate of occupancy or a certificate of occupancy
shall not be issued, unless and until the governmental agency or developer obtains
final plat approval and records the final plat in the official records of Miami -Dade
County, Florida, within the recordation period, as defined in subsection (10).
(7) Acknowledge that the condition of subsection (6) shall appear on the face of any
and all building permits issued by the city pursuant to the agreement.
(8) Acknowledge that any building permits issued by the city for construction of the
improvements will be issued in accordance with all applicable laws and the terms and
conditions set forth in the agreement.
(9) Acknowledge that the city reserves the right to evaluate all applications for building
permits for compliance with all existing laws, ordinances and regulations controlling the
issuance of building permits for construction within the city.
(10) Acknowledge that the date to obtain city final plat approval and recordation of the
plat in the official records of Miami -Dade County, Florida, the "recordation period," is
the same as the expiration date set forth in the tentative plat approval.
(11) In the event that the governmental agency or developer does not record the plat
by the expiration of the recordation period, the governmental agency and developer
agree to immediately cease all construction activities on the property and to relinquish
any and all rights to any improvements constructed thereon to the governmental
agency; or if requested by the city, to forthwith remove the improvements within three
months of the expiration of the recordation period. The governmental agency and
developer agree the city shall not be held financially responsible to the governmental
City of Miami Page 3 of 4 File ID: 1181 (Revision: B) Printed on: 6/25/2018
File ID: 1181
Enactment Number: 13652
agency, developer or any third parties in connection with any actions taken in
accordance herewith. The city will also be able to withdraw from the payment and
performance bond when applicable.
(12) The governmental agency and developer agree to indemnify, defend, save, and
hold harmless the city from any claims, demands, liabilities, losses, causes of action of
any nature whatsoever arising out of or in connection with the agreement, the granting
of any building permits or any part thereof, from and against all costs, fees, expenses,
liabilities, any orders, judgments or decrees which may be entered in from and against
all costs, attorneys' fees, expenses and liabilities incurred in the defense of such claim
or in the investigation thereof. The governmental agency and developer agree to also
post a payment and performance bond in favor of the city for the amount of the project,
when applicable.
(13) A joinder by any mortgagee or any other person or firm having encumbrance of
record on the property.
(14) This Subsection shall not be eligible for use on any private property located within
any NCD. No construction shall ever occur pursuant to any Tentative Plat in any
NCD. This prohibition cannot be circumvented by the use of any instrument including but
not limited to a covenant or Unity of Title.
Notwithstanding the foregoing, as to development of private property within the city, a
building permit may be issued only upon the director of the city department of public works,
recommending the issuance of the building permit.
*„
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 its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, iky Httor ey 111312017
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 4 of 4 File ID: 1181 (Revision: B) Printed on: 6/25/2018