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 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 resilience and public works provided that such right-of-way improvements, as required by the director of resilience and public works, for that portion of the phased project in which that structure is located are satisfactorily completed and accepted by the director of resilience and 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 completion of all required subdivision improvements in the entire phased project.

(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.

For a lot of record that has been divided into separate parcels where approval under zoning regulations in effect prior to June 27, 1983 cannot be demonstrated, a building permit for the construction, remodeling, or renovation of a one-family detached dwelling and customary accessory buildings may be issued provided that:

(1)

The divided lot(s) of record or a combination of lots of record and divided lots of record are reviewed by the plat and street committee and approved after demonstrating:

a.

A one-family detached dwelling (and customary accessory structures, if any) exists or previously existed on the divided lot(s) of record or a combination of the divided lot(s) and lot(s) of record which the building permit is sought or on the remainder of the divided lot(s) of record or a combination of the divided lot(s) and lot(s) of record for which a building permit is not being sought;

b.

Compliance with the lot area and width requirements of Miami 21 or any successor land development regulations related to the same;

c.

That such approval will not cause a remainder of a divided lot of record or a remainder of a divided lot of record in combination with another lot of record or divided lot of record for which a building permit is not being sought to be a substandard building site in accordance with the provisions of Miami 21; and

d.

The divided lot(s) of record was divided prior to October 22, 2009;

(2)

Undedicated right-of-way required to be dedicated pursuant to section 54-58 of the City Code, as amended, is dedicated to the city; and

(3)

Required street improvements in connection with the building permit, if applicable, are provided pursuant to section 54-56 of the City Code, as amended.

(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)

A permit may be issued for the repair, remodeling, or renovation of an open-air structure, open-air parking lot, or open-air paving or construction of an open-air structure provided that the open-air structure does not exceed ten percent of the parcel on a parcel of unplatted land, excepting an open-air parking lot where the repair, remodeling, or renovation shall not exceed 50 percent of the parcel on a parcel of unplatted land. Said repair, remodeling, or renovation permit will be for ordinary repairs, remodeling, renovation, 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, the City Code, as amended, or the Florida Building Code, as amended, whichever is more restrictive. This subsection shall apply only if the unplatted parcel is ten contiguous acres or more in size and shall sunset upon one year of its effective date.

(i)

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.

(j)

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, 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 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 resilience and public works, recommending the issuance of the building permit.

(k)

A building permit may be issued for the construction, repair, remodeling, or renovation of any building on one or more former lots of record within the revoked Becker's Subdivision recorded in Book 16, Page 43 of the Public Records of Miami-Dade County provided that where one or more former lots of record have been divided into separate parcels, such divided lot(s) must meet another applicable exception to platting in this section. Such building permit may also be issued for properties within this revoked subdivision that have a metes and bounds or unplatted legal descriptions provided that the properties' boundaries coincide with the lot lines of former lot(s) of record of the revoked subdivision or if such boundaries would be coterminous with a division of a former lot of record, provided that the former divided lot(s) must meet another applicable exception to platting in this section.

Any building permit issued pursuant to this subsection for a property located on Northwest 37th Street shall ensure that one "T" type turning area for the Northwest 37th Street dead-end that permits public ingress/egress in a configuration acceptable to the director of the department of resilience and public works is provided.

No certificate of occupancy or temporary certificate of occupancy shall be issued on any building permits issued pursuant to this subsection until the completion and acceptance by the department of resilience and public works of the permitted right-of-way improvements adjacent to the property as well as the completion of any other improvements necessary to ensure sidewalk connectivity from the property to the next street intersection within the boundaries of the former Becker's Subdivision.

(l)

A building permit and certificate of occupancy may be issued for construction of improvements for a temporary event, occupancy, structure, or use, including interim parking, authorized pursuant to City Code article XIII of chapter 62 on unplatted land or platted land that has not been subdivided in accordance with this chapter.

(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; Ord. No. 13702, § 2, 10-26-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13919, § 3, 9-24-20; Ord. No. 13940, § 2, 11-19-20; Ord. No. 14045, § 2, 2-10-22; Ord. No. 14391, § 2, 9-11-25)