New Businesses - Certificate of Occupancy

• When It's Required
• Why It's Required
• Where to Apply
• What You Need to Show
• How to Apply
• Can a Certificate of Use be Transferred?
• Applying for an Agricultural District Plant Nursery or Tree Nursery
• How Your Application is Reviewed
• How Long it Takes
• How Much it Costs
• What Are the Penalties?
  

When it's required

Prior to opening any business in unincorporated Miami-Dade County, a Certificate of Use (also called a C.U. or zoning permit) must be obtained. A C.U. is required when an industrial or commercial building is erected, altered or enlarged, or an existing building goes through a change of occupant, name or type of business. 

Please note the difference between a C.U. and a Local Business Tax -- The Certificate of Use allows for the occupancy of the structure as well as certifying that the use is permitted. A Local Business Tax is a tax on the business activity.

After a C.U. has been issued, you may apply for the Local Business Tax. For Local Business Tax details, contact the Tax Collector's office. 

Most C.U.s are issued on a permanent basis. If the business does not move, expand, change ownership, name or business activity, the Certificate remains valid. Some Certificates of Use are required by Code or zoning resolution to be renewed annually. If the structure is substantially or partially complete, and is missing only minor items for final inspection, a structure may be occupied under a temporary C.U. A temporary C.U. is valid for a maximum of 90 days.

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Why it's Required
The Certificate of Use assures that the business is allowed in the zoning district where it is located. It also verifies that the structure was built for the proposed type of business. 

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Where to Apply
Miami Dade Permitting and Inspection Center
Zoning Permit Section
11805 SW 26th St. (Coral Way) 33175
Phone 786-315-2666
(See instructions below on How to apply)
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What you need to show
The following information is required when applying for a C.U.:

• The name and address of the business.
• The square footage of the area to be occupied.
• The type of business and business owners' name.
• If the business is a corporation, the name of a corporate officer is required.
• The folio number for the property is also necessary.

If interior alterations or other construction has commenced for which the permit required has been issued, the construction must be completed, and all final inspections must be obtained prior to application for the Certificate of Occupancy and the Certificate of Use. 

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How to apply
The Application for Certificate of Use is short and easy to fill out. Application can be made in person at the Zoning Permit Section. The quickest way to get your certificate is to walk the application through in person.

1. The application is available at the Permit Counter at the address above , additional  checklists for certain types of uses are in the right hand column in Adobe Acrobat format on this page.

2. A NON-REFUNDABLE UP FRONT FEE of $111.24 which includes the 8% surcharge is required upon submittal of the Certificate of Use application. The rest of the fees are due upon approval of the Certificate of Use.

3. Effective immediately we will no longer accept faxed or mailed applications for commercial Certificates of Use from the general public. We will continue to accept applications from out of State applicants upon request. Out of State applicants or applicants with special needs may contact the Zoning Permit Section to request assistance with faxed or mailed applications at 786-315-2666

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Can a certificate of use be transferred?
A Certificate of Use may be transferred for the same use but application must be made in person at the Zoning Permits Section by filling out the required forms and paying the appropriate fees. The applicant must comply with all the conditions of the specific use as stated in the Code and any conditions of any applicable resolutions and agreements.

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Applying for an Agricultural District Plant Nursery or Tree Nursery
To apply for a Certificate of Use for a retail or wholesale plant nursery or tree nursery, submit a completed C.U. application form and a detailed site plan showing the legal description of the property, the size and dimensions of the property, the street(s) upon which the property is located, all structures, setbacks, parking spaces, the plant sales area and whether the plants are in pots, in the ground, or both. Additionally, the address and folio number of the property must be provided on the plan. If the property is vacant, see Zoning Plans Processing at the Miami-Dade Permitting and Inspection Center to have an address assigned to the site.

Required setbacks pursuant to Sections 33-279 and 33-282, Miami-Dade Zoning Code: Horticultural nursery buildings shall comply with accessory building setbacks, except that no minimum spacing need be provided between such structures on the same property and except that agricultural shade houses may be constructed to within 30' of the front property line.

The minimum setbacks for accessory buildings are 75' from the front property line, 7 1/2' from the rear property line, 20' between buildings, 20' from interior side property lines, and 30' from a side street property line.

Parking: The parking area (Sections 33-124 and 33-132) must be hard compacted and have bumper stops. No parking is to back out into the street. The parking spaces must be provided at a rate of 8 spaces for the first acre and 1 space for each additional 2 acres up to 10 acres and then one parking space for each additional 5 acres.

Review Process:

• Submit the plans to Public Works on the 14th Floor for dedication of right-of-way. Call 305-375-4656 regarding that process.

• Submit the completed C.U. application and plans to the Zoning Permits Section. The site plan will be reviewed by a Zoning Plans Processor to ensure compliance with zoning requirements. Once the plan is approved, a zoning inspection will be scheduled.

• Environmental Resources Management must also review the plans. Contact that office at 786-315-2800 for further instructions.

Note: A plant nursery business may provide tree or plant installation as an ancillary use, provided the planting material so installed is grown at the subject nursery, and the maintenance related to the material planted is limited to the time necessary for the plant material to take root. A landscape maintenance company (cutting grass, planting, etc.) is not a permitted use in the Agricultural (AU) District

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How your application is reviewed
The application is reviewed to ensure that the type of business is permitted in the zoning district where it will be located. If the business activity is not allowed there, the application will be rejected. If the business is allowed on the property, the application will be processed on the computer.

Affidavits, declarations or other forms may be required, depending on the type of business proposed, and depending on the zoning classification of the property. In some instances, plans may be required.

All businesses must be reviewed by Environmental Resources Management which is also located at the Miami Dade Permitting and Inspection Center.

Some businesses have to be inspected before a C.U. can be issued. These inspections are completed within two days from the day requested, and may include electrical, mechanical, plumbing, fire, building and zoning inspections.

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How long it takes
For most businesses, the C.U. application may take one to two hours for processing, if walked through in person.

Mailed and faxed applications require additional time as they are forwarded to Environmental Resources Management and other offices, as needed. These applications take four to five days, and require follow up by the applicant.

Inspections, if needed, take approximately two days. Call the Zoning Inspections Section at 786-315-2660 with your process number.

Tracking your application. Once the application is loaded into the computer system, a call to the informational voice response system will reveal the status of the application. The assigned C.U. process number is required to access the system at 305-591-7966. Listen to the easy to follow instructions. Press 1 for English, 2 for Spanish, then Press 4, then 2 for Certificate of Use Information.
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How much it costs
In most cases, fees for the C.U. are based on the square footage of the area to be occupied plus an ERM fee, 6% concurrency fee and an 8% surcharge.
The base fee is assessed at a rate of four cents ($.04) per square foot. There is a minimum of $303.59 including the ERM fee, except for home offices which are $129.68.

The 6% concurrency fee is not applicable for transfers of C.U.s to new business owners or for C.U.s issued based on a building permit.

A $84.44 + 8% surcharge fee is charged for each inspection required, except fire inspections.

If paying by check, the check should be made out to Miami-Dade County Dept. of Planning & Zoning.

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What are the penalties?
Starting a business without obtaining a C.U. may result in a fine and possibly the issuance of a ticket to both the business owner as well as the property owner.