HomeMy WebLinkAboutBack-Up from Legal - Section 55-10Sec. 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.
(b) No complete, partial or temporary certificate of use and/or occupancy shall be issued by the city for
any structure on any lot in the subdivision unless or until all of the required subdivision improvements
are completed.
(c) A building, remodeling or renovation permit may be issued for constructing, remodeling or renovating
a one -family detached dwelling and customary accessory buildings 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 said division of lot was approved under
zoning regulations in effect prior to June 27, 1983. A one -family detached dwelling and customary
accessory building on a lot, or lots of record that has been divided in separate parcels may obtain a
building permit for such lot(s) upon review and approval by the plat and street committee, providing
the lot(s) are in compliance with the lot size requirements set forth in the Miami 21 Code, or any
successor land development regulations of the city. The plat and street committee shall review the
lot(s) of record and confirm that the construction of a one -family detached dwelling is able to be built
on such lot(s) of record in compliance with the City Code and Miami 21 Code, or any successor land
development regulation of the city. Further provided that any necessary right-of-way be dedicated and
a covenant be executed to comply with requirements of the Code concerning street improvements.
(d) A permit may be issued for the repair, remodeling or renovation of a conforming or nonconforming
building (other than a one -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 the Miami 21 Code, as amended,
or the Florida Building Code, whichever is more restrictive.
(e) A building permit may be issued for construction of a building (other than a one -family detached
dwelling and customary accessory building), structure or parking lot on a lot, or lots, of record that has
been divided into separate parcels, if proof is submitted that said division was described by deed prior
to September 25, 1946, or that said division was approved under zoning regulations in effect prior to
June 27, 1983.
(f) A permit may be issued for the construction by the city, its agent or lessee on city -owned land, platted
or unplatted, of a structure or other on-site improvements.
(g) A permit may be issued for the construction, renovation or repair of non -habitable on-site
improvements on unplatted land when said improvements are mandated by the City Charter, City
Code or city commission.
(h) Where a "covenant in -lieu of unity of title" is accepted for a project pursuant to Article 7 of the Miami
21 Zoning Code, as amended, and the combined property included in the "covenant in lieu of unity of
title" is legally platted or meets an exception to platting provided in City Code section 55-10, replatting
of existing and future internal divisions of the property will not be required for said project provided that
the combined property is in compliance with the covenant in lieu of unity of title.
(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, as amended,
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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:
(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 agency, developer or any third parties in connection with any
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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 mortagee 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.
(Ord. No. 9584, § 1, 3-24-83; Ord. No. 9961, § 1, 2-14-85; Code 1980, § 54.5-11; Ord. No.
11361, § 2, 4-25-96; Ord. No. 11609, § 2, 2-10-98; Ord. No. 12180, § 1, 1-10-02; Ord. No.
12788, § 2, 4-6-06; Ord. No. 13277, § 2, 7-28-11; Ord. No. 13401, § 2, 7-25-13; Ord. No. 13467,
§ 3, 6-12-14; Ord. No. 13652, § 2, 12-8-16)
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