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HomeMy WebLinkAboutO-13702City of Miami Legislation Ordinance 13702 File Number: 2428 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/26/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-1, ENTITLED "DEFINITIONS," TO ADD DEFINITIONS, AND SECTION 55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO REMOVE THE PROHIBITION ON THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY PRIOR TO COMPLETION OF ALL SUBDIVISION IMPROVEMENTS FOR PHASED PROJECTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 55 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the Subdivision Regulations for the City of Miami ("City"); and WHEREAS, Section 55-10(b) of the City Code states that no complete, partial, or temporary certificate occupancy shall be issued by the City on any lot unless all of the required subdivision improvements are complete; and WHEREAS, the prohibition on the issuance of a temporary certificate of occupancy prior to completion of all required subdivision improvements is impractical for certain developments, including phased projects and master planned developments, and may render such developments unfeasible; and WHEREAS, in order to alleviate said impracticality, Section 55-10 of the City Code should be amended to permit temporary certificates of occupancy to be issued for a structure after all subdivision improvements are complete on the specific phase in which that structure is located, but prior to the completion of all subdivision improvements on all phases, upon approval by the Director of Public Works; and WHEREAS, all subdivision improvements must be complete on the phase in which the structure is located before a temporary certificate of occupancy is issued for that structure; and WHEREAS, as a condition to the issuance of a temporary certificate of occupancy, the property owner must execute an agreement with the City and record said agreement, acknowledging specific conditions including, but not limited to, an acknowledgment that a complete certificate of occupancy will not be issued prior to the completion of all subdivision improvements; and WHEREAS, temporary certificates of occupancy do not permit the indefinite occupation of a structure and are, by their very nature, temporary and may be revoked; NOW, THEREFORE, BE IT RESOLVED 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 Page 1 of 3 File ID: 2428 (Revision: A) Printed On: 2/5/2018 File ID: 2428 Enactment Number: 13702 Section 2. Chapter 55 of the City Code is hereby amended in the following particulars:' "CHAPTER 55 SUBDIVISION REGULATIONS Sec 55-1. Definitions For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Mapped street is a proposed right-of-way through an unplatted parcel of land, as shown on those maps on file in the department of public works. Phased Project is a proiect(s) which, due to its magnitude, is to be developed in multiple phases. Such Phased Project shall contain a minimum of three (3) acres of land and propose more than 499,000 sq. ft. of gross floor area within the boundaries of a single plat. The project may occupy contiguous lands, separated only by streets or alleys. The project may be developed under a single building permit or multiple building permits. Sec. 55-10. Building Permits; issuance; restrictions; exceptions. (b) No complete, partial or temporary certificate of 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-, except that a partial or temporary certificate of occupancy may be issued for any structure on any lot in the subdivision of a Phased Project upon approval by the Director of Public Works provided that such right-of-way improvements, as required by the Director of Public Works, for that portion of the Phased Project in which that structure is located are satisfactorily completed and accepted by the Director of Public Works in accordance with the subdivision improvements provided for in the City Code, including Chapter 55. All subdivision improvements must be complete on the phase in which the structure is located before a temporary certificate of occupancy is issued for that structure. Any such partial or temporary certificate of occupancy shall be conditioned upon the property owner executing and recording an agreement with the City, acknowledging specific conditions, including but not limited to, an acknowledgement that a complete certificate of occupancy will not be issued prior to the comaletion of all reauired subdivision imarovements in the entire Phased Proiect. *„ ' 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 3 File ID: 2428 (Revision: A) Printed on: 2/5/2018 File ID: 2428 Enactment Number: 13702 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 thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby L. Min, Deputy City Attorney 9/5/2017 ria ndez, Cify Attor iey 912812017 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: 2428 (Revision: A) Printed on: 21512018