Ordinance 2025-4721 Courtesy Notice Requirements for Residential Tenants
ORDINANCE NO. 2025-4721
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH
RESILIENCY CODE," CHAPTER 2, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES," ARTICLE II, ENTITLED "GENERAL
DEVELOPMENT APPLICATION AND HEARING PROCEDURES,"
SECTION 2.2.4, ENTITLED "PUBLIC HEARING," SECTION 2.2.4.1,
ENTITLED "PUBLIC NOTIFICATION," BY CREATING A COURTESY
NOTICE REQUIREMENT SPECIFIC TO RESIDENTIAL TENANTS OF
PROPERTIES THAT ARE THE SUBJECT OF A CITY LAND USE
BOARD APPLICATION; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the current requirements in
the Land Development Regulations pertaining to notice of land use board applications; and
WHEREAS, public notice is an important component of the development review process;
and
WHEREAS, minimum and courtesy notice requirements for the City's land use boards
promote the general health, safety and welfare of the residents of the City; and
WHEREAS, the amendments setforth below are necessaryto accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2 of the Miami Beach Resiliency Code, entitled "Administration and Review
Procedures," Article II, entitled "General Development Application and Hearing Procedures," is
hereby amended as follows:
CHAPTER2
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE II. GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES
. . +
2.2.4 PUBLIC HEARING
. . +
Page 1 of 3
2.2.4.1 Public Notification
Hearings before a land use board on an application for development approval shall be noticed to
ihe public in accordancewith the following provisions, unless otherwise more specifically provided
for in these land development regulations, and the applicant shall pay a fee for such notices
pursuant to section 22.3.5.
a. Advertisemen[ At least 30 days prior to the public hearing date, a description of the
request, and the date, start time of the meeting and location of the hearing shall be noticed
on a publicly accessible website hosted by Miami-Dade County, consistent with lhe
requirements of section 50.0311, Florida Statutes.
b. Mail notice. At least 30 days prior to the public hearing date, a description of the request,
and the date, start time of the meeting, and location of the hearing shall be given by mail
to the owners of record of land lying within 375 feet of the property that is the subject of
the application. Additionaliv for applications irnolvinq a propertv that contains at least one
residential unit a courtesv notice shall be mailed at least 30 days orior to the oublic hearina
date to existinq tenants as of the date that the mail notice is issued of residential units on
the propertv that is the subiect of the application. This courtesv notice shall include a
descriotion of the reauest, the date, start time, and location of the meetinq, as well as a
link to the housinq impact statement associated with the application. The applicant shall
provide a seoarate set of mailinq labels for this courtesv notice as well as evidence to the
plannina director that reasonable efforts were used to identifv all ezistinq tenants of the
residential units. For purposes of this paraaraoh courtesv notice shatl onlv be required for
tenancies of at least six months and one day.The courtesv notice shall be for informational
purooses onlv and the validitv of the subiect application or of anv approval thereof shall
not be affected bv anv failure to identifv all tenants of residential units on the propertv.
Applicants shall submit all information and certifcations necessary to meet this
requirement, as determined by the planning department. Additionally, courtesy notice shall
also be given to any Florida nonprofit community organization which has requested, in
writing, that the Planning Director provide notice of board hearings.
c. Posting. At least 30 days prior to the public hearing date, a description of the request, and
the date, time, and place of such hearing shall be posted on the property. Such posting
shall have a minimum dimension of 11 inches by�7 inches and shall be located in a visible
location at the front of the property and shall not be posted on a fence or wall that would
be obstructed by the operation of a gate.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word 'brdinance" may be changed to "section" or other appropriate word.
Page 2 of 3
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect sixty (60)days following adoption.
PASSED AND ADOPTED this ,3 day of 1'��1I , 2025.
D ` v1_
Steven Meiner, Mayor
ATTEST:�
�e:E;yc'•..
APR 2 9 2025 _�s�" ti�
Rafae E. Granado, City Clerk £ � S,
`IX(OPP OIAE��'
�, ` i.i
Sponsored By: Commissioner Alex Fernandez �4�cH�3���`
First Reading: February 3, 2025
Second Reading: pril 23�
Verified By:
Thomas R. Mooney, ICP
Planning Director
APPROVED AS TO
FORM AND LANGUAGE
Sponsored by CommissionerAlez J. Femandez & FOR XecurioN
Co-SponsoredbyCommissionerTanyaKBhatl ' �/l�)7��
Co-SponsoredbyCommissionerJosephMagazine CityAttorney �'� Date
T:�Agenda\2�25\04 Apnl23,2025\Planning\Courtesy No�ice Requirements for Resitlential Tenanis-Second Reading ORD.docx
Page 3 of 3
Ordinances - RS N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: April 23, 2025 10:15 a.m. Second Reading Public Hearing
TITLE: COURTESY NOTICE REQUIREMENTS FOR RESIDENTIAL TENANTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED"MIAMI BEACH RESILIENCY CODE,"CHAPTER
2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II,
ENTITLED "GENERAL DEVELOPMENT APPLICATION AND HEARING
PROCEDURES," SECTION 22.4, ENTITLED "PUBLIC HEARWG," SECTION
22.4.1, ENTITLED "PUBLIC NOTIFICATION," BY CREATING A COURTESY
NOTICE REQUIREMENT SPECIFIC TO RESIDENTIAL TENANTS OF
PROPERTIES THAT ARE THE SUBJECT OF A CITY LAND USE BOARD
APPLICATION; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITV, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Adminisiration recommends that ihe Mayor and Ciry Commission (Ciry Commission) adopt
�he ordinance.
BACKGROUND/HISTORY
On September 11, 2024, at the reques[ of Commissioner Alex Femandez, Ihe City Commission
referred an item(C4 U)to the Land Use and Sustainabiliry Commiriee(LUSC)pertaining to notice
requirements for tenants of residential buildings. On October 14, 2024, the LUSC discussed the
proposal and recommended that lhe Ciry Commission refer an ordinance amendment [o the
Planning Board in accordance with Ihe rewmmendations in the WSC memorandum.
On November 2Q 2024, at the request of Commissioner Alex Femandez, the Ciry Commission
referred the ordinance (C4 L)to Ihe Planning Board. The item is co-sponsored by Commissioners
Tanya K. Bhatt and Joseph Magazine.
ANALYSIS
CurrenUy, the Land Oevelopment Regulations o(the City Code (LDRs)require a notice for land
use board applications be mailed to all property owners wi[hin 375 feet of the propehy [hat is the
subject of the application. However, there is no requirement for a notice to be provided to
residential tenants of a building if they are not the unit owner.
The attached draft ordinance amends Chap�er 2 of �he LDRs to create a courtesy notice
requiremenl,which would apply to all land use boards, for tenan�s of residential units, including a
link to a housing impact statemenL The proposed ordinance is largely ministerial, and Ihe
additional mailing labels required would be Ihe responsibility of future land use board applicants.
PLANNING BOARD REVIEW
2036
On January 7, 2025, the Planning Board held a public hearing and lransmitted lhe proposed
ordinance lo �he City Commission with a fawrable recommentlation (7-0).
UPDATE
The subject ordinance was approved at First Reading on February 3, 2025 with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applica6le, [he Business Impact Estimate (BIE)was published on: 3/1912025
See BIE at https�llww miamibeachfl qovlcity-halllcity-clerk(meetinq-notice I
FINANCIAL INFORMATION
Not Applicable
CONCWSION
The AdminisUation recommends that�he City Commission adopt ihe ordinance.
Aoolicable Area
Ci[ywide
Is this a "Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuantto CitY Code Section 2-17� Proiect?
Yes No
Was this Aaenda Item initiallv requested bv a lobbvist which as defined in Code Sec. 2d81.
includes a princioal enqaqed in lobbVinq? No
If sq specify Ihe name of lobbyist(s) and principal(s):
Deoartment
Planning
Soonsor(s)
Commissioner Alex Femandez
Co-SpO050f(5�
Commissioner Tanya K. Bhatt
Commissioner Joseph Magazine
Condensed Title
2037
10:15 a.m. 2ntl Rdg, Courtesy Notice Requiremenis for Residential Tenants (AF/TBIJM) 5l7
Previous Action (For Citv Clerk Use Onlvl
First Reading Public Hearing on 2/3/2025- R5 X
2038
