FR.6 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/CODE RELIEF PROGRAM”; MORE PARTICULARLY BY AMENDING SECTION 10-75 AND 10-76 TO REACTIVATE THE DRIVEWAY AMNESTY PROGRAM WHICH EXPIRED IN 2024 AND CREATE A PILOT PROGRAM EFFECTIVE FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR A FURTHER YEAR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, pursuant to Ordinance No. 13933, adopted on October 22, 2020, the City Commission adopted Chapter 10/Article V/Sections 10-70 thru Section 10-75 of the Code of the City of Miami, Florida, as amended (“City Code”), establishing the Code Relief Program (“Program”) to allow for homestead property owners to participate in an amnesty program to bring their properties into compliance with the Florida Building Code (“FBC”) for unpermitted work completed prior to March 1, 2002; and

WHEREAS, the City of Miami (“City”) Commission, on September 23, 2021, adopted Ordinance No. 14022, which changed the Program to a permanent program; and

WHEREAS, the Program has assisted many City residents in legalizing their homes; and

WHEREAS, on October 26, 2023, the City Commission adopted Ordinance 14223 which created a driveway amnesty program for certain T3 or T4 Transect Zone single-family or duplex properties; and

WHEREAS, Ordinance 14223 allowed certain properties to legalize driveways that were built outside the requirements of Miami 21 for greenspace and setbacks; and

WHEREAS, Section 10-76 expired one (1) year after the enactment date; and

WHEREAS, the City Commission wishes to grant additional time for relief as not all qualifying properties with open code violation cases or knowledge of violation(s) due to a current permitting process were able to use the amnesty before its expiration; and

WHEREAS, in order to encourage and create a path to compliance, the reactivation of the amnesty program as a pilot program is beneficial to our community as a whole; and

WHEREAS, it is in the best interest of the residents of the City for the Program to incorporate this as a pilot program;

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.

Section 2.  Chapter 10/Article V of the City Code is further amended in the following particulars:

“CHAPTER 10

BUILDINGS

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ARTICLE V. CODE RELIEF PROGRAM

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Sec. 10-75. - Administrative variance.

(a)Pursuant to review by the zoning director, an administrative variance of up to 25 percent may be granted for setbacks as long as minimal life-safety requirements are met. However, such a variance will not in any event legalize that which cannot be legalized or allowed in a particular transect with respect to uses.

(b)The Zoning Director may grant an administrative variance of up to 50 percent for one of a lot’s side setback area provided the unpermitted work, excluding unpermitted work addressed in Section 10-76, in said setback area commenced prior to September 23, 1982 and the current homeowner applies under this subsection prior to \[90 DAYS FROM ADOPTION OF ORDINANCE\] expiration of Section 10-76. For the -purpose of this subsection (b), the time of application shall be deemed the day the building permit legalizing such work receives prescreen approval in the City’s permitting systems, this shall also include scope of work approval for any property with an open and pending Unsafe Structure violation pursuant to Section 10-101. This subsection (b) shall sunset on to \[90 DAYS FROM ADOPTION OF ORDINANCE\]in the same manner as section 10-76.

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Sec. 10-76Driveway Amnesty Pilot Program

(a)To qualify for the driveway amnesty program a property owner must show:

(1)Ownership of the property for the past five years; and

(2)Proof public street abutting property has been repaved within the past fiveten (10) years; and

(3)Property is a single-family home or legal duplex located in a T3 or T4 transect zone.

(b)Requirements of green space to be located on frontage and swale, notwithstanding the requirements of the Miami 21 Code shall be:

(1)Yard set back on private property at driveway location shall be no less than three feet from the property line; and

(2)The public right-of-way or swale shall constitute 34 percent green space as required by the department of resilience and public works.

(c)Plans shall be submitted and permits approved and issued as provided for 10-76in [chapter 10](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH10BU) of the City Code including, but not limited to, required fees for legalization for unpermitted work and approval by all relevant state and local departments. If the property is currently subject to an unsafe structure case, the owner shall follow the requirements of permitting as it pertains to those cases, but should they be in good standing with the unsafe structure panel order they may avail themselves of this program.

(d)This pilot program shall expiresunset one year from the date of passageitsadoptionof the enacting ordinance.  The City Commission may extend the pilot program for one (1) more additional year by Resolution.

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Section3.  Ifanysection,partof a section,paragraph,clause,phrase,orwordofthisOrdinance isdeclaredinvalid,theremainingprovisionsofthisOrdinanceshallnotbeaffected.

Section4.  ThisOrdinanceshallbecomeeffective thirty (30) daysafterfinalreadingandadoption thereof.