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Form a Business

PLANNING, BUILDING AND ZONING DEPARTMENT

Miami City Code ch. 2, art. IV, div. 2
in effect

Miami City Code § 2-201 Created.

Sec. 2-201. - Created. There is hereby created a department to be known as the planning, building and zoning department. (Code 1967, § 2-19; Ord. No. 8742, § 1, 1-11-78; Ord. No. 10089, § 2, 3-27-86; Code 1980, § 2-69)

Miami City Code § 2-202 Director—Appointment.

Sec. 2-202. - Director—Appointment. The city manager is hereby authorized to appoint the director of the planning, building and zoning department. (Code 1967, § 2-20; Ord. No. 10089, § 2, 3-27-86; Code 1980, § 2-70)

Miami City Code § 2-203 Same—Supervision and control of department.

Sec. 2-203. - Same—Supervision and control of department. Subject to the supervision and control of the city manager in all matters, the director shall administer the affairs of the planning, building and zoning department. (Code 1967, § 2-21; Ord. No. 10089, § 2, 3-27-86; Code 1980, § 2-71)

Miami City Code § 2-204 Functions of department.

Sec. 2-204. - Functions of department. The functions of the planning, building and zoning department shall include the management and supervision of all functions and personnel of the planning, building, electrical, plumbing, and zoning functions, and boiler and elevator inspection. (Code 1967, § 2-22; Ord. No. 10089, § 2, 3-27-86; Code 1980, § 2-72)

Miami City Code § 2-205 Divisions of department; directors.

Sec. 2-205. - Divisions of department; directors. (a) The planning, building and zoning department shall have two divisions, the division of planning and zoning and the building division. Each division shall have a director. (b) Under the supervision of the city manager, the director of the planning and zoning division shall be responsible for, among other things: (1) Preparation of neighborhood plans in order to complement the metropolitan master planning responsibilities. (2) Conducting studies of the city's population, land use, facilities, resources, needs and other factors which influence the city's development and redevelopment, and, on the basis of such studies, prepare official and other maps and reports. (3) Preparation for the review and public hearing by the department of administration for planning advisory board and zoning board, and for adoption by the city commission of zoning, subdivision and related regulations for the city. (4) Conducting special surveys and studies and reporting thereon, at the direction of the mayor, city commission and the city manager. (5) Promoting public understanding of an interest in the master plan and orderly community development. (6) Sitting on and cooperating with the plat committee of the city and making recommendations on all proposed plats and local area developments. (7) Coordinating planning activities with the county's planning department so as to complement the efforts of that agency as the agencies may overlap or affect each other with regard to urban renewal, redevelopment, public housing and related matters. (8) Formulating city guides and standards establishing minimum guidelines and standards for the administrative review of off-street parking lots, garages and related landscaping; landscaping generally; urban plazas, throughout the city; Latin Quarter district, all in conjunction with the zoning ordinance; and bay/riverwalks in conjunction with the zoning ordinance and section 3(mmm) of the Charter. The city guides and standards, upon approval by the city commission, shall be administered by the planning, building and zoning department and recorded and kept on file for public inspection in the city clerk's office. (c) The functions of the planning and zoning division shall include, but not to be limited to, the following: (1) Reviewing and making recommendations regarding the city capital improvements program, but shall not assume the responsibility of the financial planning to fund the program. (2) Preparation and making of staff findings and recommendations for the planning advisory board and zoning board for those requests that are scheduled for public hearing. (3) Providing staff support for the planning advisory board and zoning board. (4) Preparation of the comprehensive plan for the welfare, recreational, economic and physical development of the city pursuant to F.S. ch. 163 and under the direction of the city manager and with the advice of the planning advisory board and zoning board. (Code 1967, §§ 2-61—2-69; Ord. No. 9612, § 1, 4-28-83; Ord. No. 10430, § 1, 4-28-88; Code 1980, §§ 2-135—2-139; Ord. No. 11564, § 4, 10-28-97)

Miami City Code § 2-206 Fees for extraordinary services in connection with reproduction of records, plans and maps, including those on microfilm.

Sec. 2-206. - Fees for extraordinary services in connection with reproduction of records, plans and maps, including those on microfilm. A fee is established for furnishing services in connection with the reproduction of records, plans and maps, including those on microfilm, of the planning, building and zoning department. The fee shall be the maximum permitted in state law, if applicable, and is on file in the offices of the department. (Code 1967, § 2-24; Ord. No. 8866, § 1, 10-24-78; Ord. No. 9615, § 1, 5-12-83; Ord. No. 10089, § 4, 3-27-86; Ord. No. 10452, § 1, 7-14-88; Code 1980, § 2-74)

Miami City Code § 2-207 Zoning certificate of use required; annual reinspection of buildings and premises; fees for inspections and issuance of certificates.

Sec. 2-207. - Zoning certificate of use required; annual reinspection of buildings and premises; fees for inspections and issuance of certificates. (a) Inspection and service fees for certificate of use. All persons applying for a certificate of use shall pay a $50.00 application fee, which shall be credited towards any final fees upon completion of the certificate of use application process, as well as the following inspection and service fees: (1) Residential, other than single-family residence or two-family housing, as defined by Miami 21. a. Three to 12 units: $313.00 b. Each additional unit: $25.00 (2) Lodging as defined by Miami 21. a. First 12 units or less: $313.00 b. Each additional unit: $25.00 (3) Office as defined by Miami 21. a. First 2,000 square feet or less: $313.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $63.00 (4) Commercial as defined by Miami 21. a. First 2,000 square feet or less: $313.00 b. Each additional 1,000 square foot or part thereof in excess of 2,000 square feet: $63.00 (5) Civic as defined by Miami 21. a. First 1,000 square feet or less: $63.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $31.00 (6) Civil support as defined by Miami 21. a. First 2,000 square feet or less: $313.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $63.00 (7) Educational as defined by Miami 21. a. First 1,000 square feet or less: $125.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $31.00 (8) Industrial as defined by Miami 21. a. First 2,000 square feet or less: $313.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $63.00 (9) Miscellaneous. All uses not previously covered by this section shall be assessed a fee as provided for in "Commercial," subsection (a)(4). (10) Sharing by a sublessee office space approved under an existing certificate of use (excluding sharing a coworking or virtual office): $125.00 (11) Amendment to an existing CU not requiring inspections: $125.00 (12) If a certificate of use is revoked, the building, unit or space in which the revocation occurs is subject to a fee of $500.00 prior to approval of a new certificate of use. (13) Certificates of use shall include the following information: the specific address, business name, corporate name, and the type(s) of business for which it was issued. In the event of a new certificate of use, which requires city field inspections, the full fees outlined in City Code, section 2-207 shall apply. These fees are applicable in the following circumstances: a. Changes in the business name, ownership, use, address, folio number, or Federal Employer Identification Number (FEIN). b. Expansion or reduction of the square footage occupied by the business. c. Inclusion of additional uses or the exclusion of previously approved uses, regardless of any approved use that still remains. d. Any changes to the structure that have been approved by a final building inspection. (14) Issuance of a temporary certificate of use shall be subject to a fee of $250.00. Renewal of a temporary certificate of use shall be subject to a fee of $50.00 per renewal. (b) Certificates of use for new buildings and premises and for change of use. (1) No new buildings or premises or part thereof and no existing building or premises when there has been a change of use in said building or premises, except one- and two-family residences, shall be occupied until a zoning certificate of use shall have been issued by the zoning office. Certificates of use shall not be issued until the premises have been inspected and found to comply with all code requirements of the zoning office, fire-rescue department and such other agencies as may have jurisdiction. All applications for certificates of use shall expire 90 working days from the date of application if approval is not received for issuance of a certificate, unless the space is under construction with a valid building permit and approvals cannot be made until work is completed. a. Buildings designed or proposed to be used as office buildings shall require one zoning certificate of use for each separate office tenant and one for each commercial use activity contained therein, provided that for coworking or virtual offices, only one certificate of use is required. Each separate office tenant in existing office buildings not having an individual certificate of use on the effective date of this section must obtain one prior to the renewal of its city local business tax receipt. b. Apartment buildings, hotels, and other multiple-residential occupancies containing three or more units and occupied only by residential tenants shall require one zoning certificate of use per building. c. Apartment buildings, hotels, and other residential occupancies containing commercial tenants shall require additional zoning certificates of use for each commercial use activity contained therein. d. Industrial buildings containing one tenant shall require a single zoning certificate of use. e. Industrial and commercial buildings containing more than one tenant shall require a zoning certificate of use for each tenant. f. Buildings with common areas including, but not limited to, hallways, elevators, and lobbies, shall have a separate shell certificate of use. (2) Upon the issuance of a zoning certificate of use for a building or premises, an annual inspection schedule will be established and annual inspections will be conducted thereafter. (3) Annual inspections will be conducted to determine that each building or premises complies with the regulations established in the city zoning ordinance, building code, fire code, health regulations, and such other regulations that may apply to the particular building or premises. (c) Annual reinspection of buildings and premises. (1) Annual reinspection certificates will be issued, and each existing use or premises shall be inspected annually to determine that it complies with the provisions of applicable ordinances and regulations. (2) The owner will be notified of any deficiencies noted, and appropriate reinspections may be made to determine that the deficiencies have been corrected. (3) With the exception of life-safety facilities (which may be from time to time required to be upgraded by the provisions of the Florida Building Code or the Florida Fire Prevention Code), only those regulations which were in effect at the time a particular occupancy or use was established will be applicable. (4) The invoice for the issuance of the annual reinspection certificate will be billed during the fiscal year and said fees are herein fixed as follows: a. Residential, other than single-family residence and two-family housing, as defined by Miami 21: 1. Three to 12 units: $63.00 2. 13 to 50 units: $88.00 3. Each additional unit: $3.00 b. Lodging as defined by Miami 21: 1. First 12 units or less: $63.00 2. 13 to 50 units: $88.00 3. Each additional unit: $3.00 c. Office as defined by Miami 21: 1. Less than 500 square feet: $50.00 2. 500 square feet or more but less than 2,500 square feet: $63.00 3. 2,500 square feet or more but less than 5,000 square feet: $75.00 4. 5,000 square feet or more but less than 15,000 square feet: $88.00 5. 15,000 square feet or more but less than 25,000 square feet: $100.00 6. 25,000 square feet or more but less than 50,000 square feet: $113.00 7. 50,000 square feet or more: $125.00 d. Commercial as defined by Miami 21: 1. Less than 500 square feet: $50.00 2. 500 square feet or more but less than 2,500 square feet: $63.00 3. 2,500 square feet or more but less than 5,000 square feet: $75.00 4. 5,000 square feet or more but less than 15,000 square feet: $88.00 5. 15,000 square feet or more but less than 25,000 square feet: $100.00 6. 25,000 square feet or more but less than 50,000 square feet: $113.00 7. 50,000 square feet or more: $125.00 e. Civic as defined by Miami 21: $94.00 f. Civil support, other than hospitals, as defined by Miami 21: 1. Less than 20,000 square feet: $63.00 2. 20,000 square feet or more but less than 50,000 square feet: $75.00 3. 50,000 square feet or more: $125.00 g. Hospitals: 1. 100 beds or less: $156.00 2. Each bed over 100: $2.10 h. Educational as defined by Miami 21: 1. Less than 10,000 square feet: $94.00 2. 10,000 square feet or more but less than 50,000 square feet: $125.00 3. 50,000 square feet or more: $156.00 i. Industrial as defined by Miami 21: 1. Less than 500 square feet: $50.00 2. 500 square feet or more but less than 2,500 square feet: $63.00 3. 2,500 square feet or more but less than 5,000 square feet: $75.00 4. 5,000 square feet or more but less than 15,000 square feet: $88.00 5. 15,000 square feet or more but less than 25,000 square feet: $100.00 6. 25,000 square feet or more but less than 50,000 square feet: $113.00 7. 50,000 square feet or more: $125.00 j. Miscellaneous. All uses not previously covered by this section shall be assessed a fee as provided for under "Commercial," subsection (c)(4)d. (5) When a reinspection is required due to continued life safety violations after the second inspection by the department of fire-rescue, there shall be charged a fee of $63.00. (6) Any renewal fee specified in subsection (c)(4) above, which is not paid by the due date specified, will be considered delinquent and assessed a penalty of ten percent of the current renewal fee plus an additional five-percent penalty for each month of delinquency thereafter, until paid. However, the total delinquency penalty shall not exceed 25 percent of the certificate of use fee for any annual period. (d) Fees for accessory use certificates. (1) All persons desiring to have a home office as defined in Miami 21 shall apply to the zoning office for an accessory use certificate, which shall be granted upon payment of an annual fee of $94.00 to the city and when issued shall be valid through the following September 30. In instances where a person 65 years of age or over is engaged in the conduct of home occupation, there shall be no required payment of an accessory fee in conjunction with the issuance of an accessory use certificate or the subsequent renewal of such certificate. All renewals of accessory use certificates shall be made on the subsequent renewal of such certificate or before October 1 of each calendar year. (2) Those owners of private pleasure craft and housebarges on the Miami River shall apply to the zoning office for a housebarge/private pleasure craft accessory use certificate, which subject to inspection and compliance with applicable regulations, shall be granted upon the payment of an annual fee of $313.00; all required renewals shall be made on or before October 1 of each year hereafter. (e) Zoning inspection. (1) The city will provide, upon request of the owner or owner's agent, an on-site inspection of properties within the city by the code compliance department to ascertain whether zoning violations openly exist on the real property. (2) The following fee shall be paid prior to each such inspection for each folio number: zoning inspection fee, $100.00. (3) A report on the results of each such inspection will be issued to the owner or owner's agent and shall only constitute prima facie evidence of compliance/noncompliance with the city's zoning ordinance and shall not be conclusive proof of compliance/noncompliance with said zoning ordinance. (4) Should a zoning violation be observed by a city zoning inspector during the course of an on-site inspection, the property owner will be required to appear before the code enforcement board of the city in regard to such violation no sooner than 30 days after said inspection, except as provided in subsection 2-814(c). (f) There is hereby established a schedule of fees for reviewing plans on new construction and inspecting new construction performed by the department of fire-rescue, except for single-family and duplex residents: (1) Minimum fee: $63.00 (2) New building or additions: Each 100 square feet or fractional part of floor area: $1.80 (3) New construction other than as specified herein (water towers, pylons, bulk storage-tank foundations, seawalls, bulkheads, unusual limited-use buildings, freestanding rigid canopies, marquees and similar construction): Each $1,000.00 of estimated cost or fractional part: $1.80 (4) Alterations and repairs to buildings and other structures: Up to $1,000.00 of estimated cost or fractional part: $6.00 Each additional $1,000.00 of estimated cost or fractional part: $1.80 (5) Expedited plan review service: Reviews conducted by external entity: Actual cost plus 20 percent. Reviews conducted internally: Per every four hours of review or fraction thereof: $313.00 (Code 1967, § 2-24.1; Ord. No. 8686, § 1, 9-8-77; Ord. No. 8985, § 1, 9-27-79; Ord. No. 9161, § 1, 9-15-80; Ord. No. 9345, § 1, 11-12-81; Ord. No. 10089, § 5, 3-27-86; Ord. No. 10158, § 1, 10-7-86; Ord. No. 10225, § 1, 2-26-87; Ord. No. 10397, § 1, 3-10-88; Ord. No. 10453, § 1, 7-14-88; Ord. No. 10596, § 1, 6-7-89; Ord. No. 10607, § 1, 7-13-89; Ord. No. 10737, § 1, 5-24-90; Ord. No. 10766, § 1, 7-26-90; Ord. No. 10890, § 1, 6-20-91; Ord. No. 10931, § 1, 10-24-91; Ord. No. 11077, § 2, 7-22-93; Ord. No. 11085, § 1, 9-7-93; Code 1980, § 2-75; Ord. No. 11353, § 2, 4-25-96; Ord. No. 11721, § 2, 11-17-98; Ord. No. 12803, § 2, 5-11-06; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13108, § 2, 10-8-09; Ord. No. 13347, § 2, 10-25-12; Ord. No. 13711, § 2, 11-16-17; Ord. No. 14216, § 2, 10-12-23; Ord. No. 14280, § 2, 5-9-24; Ord. No. 14431, § 2, 1-8-26)

Miami City Code § 2-208 New permits prohibited, non-homestead properties.

Sec. 2-208. - New permits prohibited, non-homestead properties. Permits may not be issued for a non-homestead property with any outstanding building department violations except that permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, permits for units within buildings to which such violations or monies owed are not attributable to the permit applicant or permits for any properties owned by a governmental entity are exempted from this prohibition. If a permit required to cure an existing violation has been applied for, with a complete application that is being reviewed by the appropriate department, additional permits may be issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding building violation has been finalized and closed and all monies owed, inclusive of costs, to the city are paid. Any exemption listed herein may not be utilized for multi-unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. (Ord. No. 13717, § 2, 12-14-17; Ord. No. 14078, § 2, 7-28-22; Ord. No. 14283, § 2, 5-23-24)

Miami City Code § 2-209 Bond required for the moving of buildings.

Sec. 2-209. - Bond required for the moving of buildings. (a) Authorization. The director of the planning, building and zoning department is authorized to require that a bond be posted in connection with the moving of buildings to assure that any property damage caused during transportation is repaired. (b) Amount of bond. Amount of required bond will be determined as follows: $0.50 per square foot of building to be moved. Bond may be from a surety company or a cashier's check, payable to the "City of Miami," or cash. (c) Release of bond. (1) When the moving of any building for which a permit has been granted is completed and all damage, if any, to public streets or other public property has been repaired to the satisfaction of the director of the resilience and public works department and all costs of repairing the damages have been paid, any portion of the bond then remaining shall be returned. Should the cost, however, of repairing damages and/or performing other work as may be required hereunder exceed the total amount of the bond, the person or firm to whom said permit was granted shall be held liable for the amount of damages and/or other costs which are in excess of the bond proceeds. (2) Prior to release of bond or return of unused monies, the fee set forth in the then-existing permit fee schedule for reinspections shall be paid or deducted from said bond proceeds for each required inspection or reinspection. (d) Retention of unclaimed bond. All right, title and interest in bond proceeds which have been or which may be deposited with the city by reason of building moving activity, unless claimed by the person or firm submitting the same within 90 days from the date that notice has been sent by the city via certified mail to the last known address of the said person or firm, shall be vested in the city, and shall be promptly paid into the city treasury. (Ord. No. 9466, § 1, 7-22-82; Ord. No. 10089, § 7, 3-27-86; Code 1980, § 2-89; Ord. No. 13792, § 1, 10-11-18)

Miami City Code § 2-210 Phased design and construction (east track).

Sec. 2-210. - Phased design and construction (east track). (a) Procedures and guidelines. Procedures and guidelines for requests by owner/developer or owner shall be in accordance with those maintained as required by the department of fire-rescue, and the planning, building and zoning department, and attached hereto, but not reproduced at length herein and on file in the offices of the respective departments. (b) Application and agreements. Application for approval and required agreement of design and construction procedure shall be as outlined in the aforementioned procedures and guidelines. (c) Fees. Fees shall be as paid in accordance with fee schedule as provided in Ordinance No. 6145 as amended, section 5d.(24) [adopting the South Florida Building Code, on file in the office of the city clerk]. (Ord. No. 9913, § 1, 10-10-84; Code 1980, § 2-90)

Miami City Code § 2-211 Denial or revocation of certificate of use.

Sec. 2-211. - Denial or revocation of certificate of use. (a) The zoning administrator may deny the issuance or renewal of a certificate of use when there are any outstanding city liens or invoices due and owing. (b) Denial or revocation of certificate of use. The zoning administrator may deny the issuance or renewal, or revoke a certificate of use only for any of the following reasons: (1) The applicant provided a material false statement in the application or in the supplemental or additional statements of fact or studies required by the city. (2) There is a failure to comply with the terms or conditions of the certificate of use. (3) There is a violation of the provisions of this division. (4) The certificate of use holder subsequent to being issued a certificate of use, has been convicted of, or has pled guilty to, a violation of a law of Florida, or ordinance of Miami-Dade County or the city, which violation resulted from actions relating to the terms or conditions of the certificate of use. (5) The certificate of use holder is engaging or has engaged in an activity from the proposed premises that is not in compliance with a zoning ordinance or other city ordinance. (6) The business tax receipt ("BTR") for the certificate of use holder has been denied, suspended or revoked. (7) In the event that the unsafe structures panel determines the existence of an unsafe structure violation pursuant to chapter 10 of the City Code, any occupied structure which requires a certificate of use for itself and/or tenants shall be required to provide a letter from a Florida licensed engineer or architect stating the structure is safe for occupancy in order to obtain and/or maintain a certificate of use. Without such letter, a certificate of use shall be revoked or denied. This letter must be updated a minimum of every 12 months until the violation has been complied. If there is an order to demolish the structure by the unsafe structure panel or it is determined by the building official that there is actual or immediate danger of the failure or collapse of a structure, the building official or designee shall refer the violation to the zoning department and the zoning administrator shall then initiate the revocation of any active certificates of use and deny any subsequent applications for a certificate of use until such time as the violation has been complied. (c) The zoning administrator shall send written notice of the revocation, reason for the revocation and the effective date of the revocation to the holder of the certificate of use at the address of record on file with the city. (d) Appeal. If a certificate of use is denied or revoked, the applicant or an aggrieved party who resides, occupies, or owns property within 500 feet of the property may file an appeal with the office of hearing boards within 15 days of the decision to deny or revoke the certificate of use. The appeal shall be heard at the next available regular meeting of the planning, zoning and appeals board. The decision of the planning, zoning and appeals board regarding a certificate of use may be appealed to the city commission by an applicant, an aggrieved party who resides, occupies or owns property within 500 feet of the affected property, or the planning and zoning department. (Ord. No. 13264, § 2, 5-12-11; Ord. No. 13587, § 2, 1-28-16; Ord. No. 13612, § 2, 6-23-16; Ord. No. 13936, § 2, 10-22-20; Ord. No. 14283, § 2, 5-23-24; Ord. No. 14383, § 2, 7-24-25)

Miami City Code § 2-214 Ancillary dwelling unit (ADU) compliance.

Sec. 2-214. - Ancillary dwelling unit (ADU) compliance. (a) Registration process for rented ADUs. (1) Registration requirements. In order to rent an ADU, the property owner or their authorized agent shall obtain: a. An approved building permit, including a notarized "ADU owner disclosure statement"; and b. An approved "certificate of occupancy (CO)"; and c. An approved "ADU registration certificate". (2) Initial registration process. a. At the time of building permit, the property owner or their authorized agent shall submit a notarized "ADU owner disclosure statement" to the office of zoning. The statement describes the terms of the ADU program, owner responsibilities, and rental provisions. 1. Structures that were legally permitted prior to the establishment of this section and are intended to be rented ADUs shall provide the disclosure statement at registration. 2. If a change in ownership occurs, the new owner or authorized agent will be required to submit an "ADU owner disclosure statement". b. Once a valid "certificate of occupancy (CO)" has been obtained, the property owner or their authorized agent shall, prior to renting, register the ADU with the office of zoning and obtain an "ADU registration certificate". c. The property owner or their authorized agent shall provide proof of homestead exemption for the property. d. The registration process shall include a virtual or physical inspection of the ADU for compliance with any applicable codes and regulations. (3) Annual renewal process. a. The "ADU registration certificate" shall be renewed on an annual basis. b. As part of the renewal process, the property owner or their authorized agent shall provide proof of current homestead exemption for the property. c. The renewal process shall include a virtual or physical inspection of the ADU for compliance with any applicable codes and regulations. d. The office of zoning shall have the authority to revoke any "ADU registration certificate" if there is evidence of non-compliance with the provisions of this section or the Miami 21 Zoning Code or failure to pay the associated fee. (b) Homestead exemption requirement. (1) Homestead means the property is designated as the primary residence of the owner and qualifies for a homestead exemption under Florida law. (2) If homestead status lapses or changes, the property owner shall notify the office of zoning within 30 days. Failure to maintain or disclose changes in homestead status may result in denial or revocation of the ADU registration certificate and/or shall result in a violation of the Miami 21 Zoning Ordinance and penalties applied to the property pursuant to article X of chapter 2 of the City Code. (c) Predominately permanent housing. In accordance with the provision stated in the Miami 21 Zoning Code, ADUs shall only be used as predominately permanent housing. (d) Time periods. (1) An "ADU registration certificate" remains valid for the fiscal year in which it is issued unless otherwise stated in the provisions of this section. (2) An application for an "ADU registration certificate" shall expire 90 business days after submission, if not approved. An application may continue beyond 90 days if a valid building permit with an active process number is submitted to address any deficiencies found at the time of inspection. In such cases, the period may extend until work is completed. Applications without a permit shall be deemed abandoned and require reapplication with all necessary fees. (3) "ADU registration certificate" renewals are issued at the start of the fiscal year. (e) Inspections. (1) General requirements. a. All initial ADU registration applications and annual renewals shall include an inspection to ensure ongoing compliance with applicable regulations. b. The purpose of the inspection is to verify compliance with the ADU standards as set forth in the Miami 21 Zoning Ordinance and other applicable codes. The inspection shall include a virtual assessment of the interior and exterior of the ADU, or alternatively, an in-person inspection at the request of the city. (2) Annual renewal inspection requirements. a. Annual inspections shall be completed within eight months of the most a recently renewed ADU registration certificate. b. It shall be the responsibility of the property owner to ensure that the inspection is completed within the required timeframe. c. Failure to complete the annual inspection may result in the expiration or revocation of the ADU registration certificate and may result in a violation of the Miami 21 Zoning Ordinance. (3) Notification of deficiencies and re-inspection. a. In the event the property fails an inspection, the property owner or authorized agent shall be provided with a notice of deficiency. b. The owner shall have 60 days from the date of the notice to correct all deficiencies and schedule a re-inspection. If a valid building permit has been applied for and an active process number has been issued to address the deficiencies, the 60-day period may be extended until the permitted work is completed and finalized. c. Re-inspections shall be subject to the applicable reinspection fees as outlined in this section. No more than three re-inspections shall be permitted. If, after the third re-inspection, the property remains noncompliant, the application shall be administratively closed, and any pending renewal of the "ADU registration certificate" shall be revoked. d. The property owner or authorized agent shall be required to submit a new application and pay all associated fees in order to start a new registration process. (f) Fees. (1) The following fees are hereby established: a. Initial registration and inspection: $300.00 b. Annual renewal and inspection: $250.00 c. Subsequent re-inspections: $75.00 (2) Fees shall be paid prior to inspection for each ADU. (3) Properties which are found to be operating an ADU without an approved ADU registration certificate shall be subject to double the fees specified as well as a violation of the Miami 21 Zoning Code. (g) Denials and revocations. The zoning administrator may deny the initial registration or subsequent renewals, or revoke an ADU registration certificate at any time for any of the following reasons: (1) Failure to comply with Article 3, Section 3.18, titled "Ancillary Dwelling Unit (ADU) Standards" of the Miami 21 Zoning Code or the requirements of the City Code related to ADUs. (Property owners must remain up to date with the registration process and requirements of the City Code, the Miami 21 Zoning Code standards, and any other associated regulations). (2) The property owner or authorized agent fails to provide access to the premises for a requested inspection within the required time. (3) The property has lost its homestead status but the owner continues to rent the ADU. (4) The ADU is rented as transient or temporary lodging if it is not used as predominately permanent housing. (5) The applicant provided a materially false statement or supporting evidence in the ADU initial registration or renewal process. (6) If there is an order to demolish the structure by the unsafe structure panel or it is determined by the building official or designee that there is actual or immediate danger of failure or collapse of a structure, the building official or designee shall refer the violation to zoning. Zoning shall then initiate the revocation of any active ADU registration certificate(s) and deny any subsequent ADU registration certificate until such time as the violation has been rectified. (7) Failure to register, renew, or maintain or disclose changes in status may result in denial or revocation of the ADU registration certificate and/or shall result in a violation of the Miami 21 Zoning Ordinance. (h) Appeals. (1) If an ADU registration certificate is denied or revoked, the owner or authorized agent may file an appeal with the office of hearing boards within 15 days of the decision. (2) The appeal shall be heard at the next available regular meeting of the planning, zoning and appeals board ("PZAB"). The decision of the PZAB regarding an ADU registration certificate may be appealed to the city commission by an applicant; an aggrieved party who resides, occupies, or owns property within 500 feet of the affected property; or the planning department and office of zoning. (3) Revocation shall be effective upon written notice to the property owner and shall remain in effect until all violations are corrected and the owner or authorized agent submits a new application and pays all associated fees in order to reinitiate the registration process. (i) Enforcement. Any violation of this section shall be subject to enforcement proceedings as provided for in chapter 2, article X of the City Code. No one method of enforcement shall preclude another. (Ord. No. 14377, § 2, 7-10-25)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTIVDE_DIV2PLBUZODEFetched: 11/1/2026

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