HomeMy WebLinkAboutOrdinance 2026-4809Administrative Review of Temporary Surface Parking Lots
ORDINANCE NO. 2026-4809
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V,
ENTITLED "REZONINGS AND DEVELOPMENT APPROVALS,"
SECTION 2.5.3, ENTITLED "DESIGN REVIEW," SUBSECTION 2.5.3.3
THEREOF, ENTITLED "ADMINISTRATIVE DESIGN REVIEW," TO
EXTEND THE PLANNING DIRECTOR'S AUTHORITY TO
ADMINISTRATIVE REVIEW OF ELIGIBLE TEMPORARY SURFACE
PARKING LOTS; BY AMENDING ARTICLE XIII, ENTITLED "HISTORIC
PRESERVATION," SECTION 2.13.7 THEREOF, ENTITLED "ISSUANCE
OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," TO
EXPAND ADMINISTRATIVE REVIEW AUTHORITY FOR TEMPORARY
SURFACE PARKING LOTS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, temporary surface parking lots are subject to the applicable requirements set
forth in the Land Development Regulations of the City Code (LDRs) and are a permitted use in
commercial zoning districts within the City; and
WHEREAS, the City Commission at its July 23, 2025 meeting referred an item to the Land
Use and Sustainability Committee (the "LUSC") at the request of Commissioner Alex J.
Fernandez to consider amendments to the LDRs to allow for administrative review and approval
of temporary surface parking lots in historic districts; and
WHEREAS, the LUSC at its September 11, 2025 meeting returned the referral item to the
City Commission with a favorable recommendation, with an additional recommendation that
temporary lots only be permitted on a lot vacant before January 1, 2025, and not be permitted
where a contributing building was demolished prior to or after that same date; and
WHEREAS, in response to the LUSC's favorable recommendation, procedures have been
proposed for the administrative review and approval of temporary surface parking lots; and
WHEREAS, the City Commission finds that administrative review will facilitate a more
streamlined review process for temporary surface parking lots and will provide additional
opportunities for off-street parking facilities in the City; and
WHEREAS, the amendments set forth below are necessary to achieve these objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2, entitled "Administration and Review Procedures", Article V, entitled
"Rezonings and Development Approvals", Section 2.5.3, entitled "Design Review", is hereby
amended as follows:
Page 1 of 4
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE V. Rezonings and Development Approvals
2.5.3 Design Review
2.5.3.3 Administrative design review
a. The planning director shall have the authority to approve, approve with conditions, or deny
an application on behalf of the board, for the following:
13. Temporary surface parking lots, as more specifically defined in Chapter 5, provided
such lots satisfy the following requirements:
A. The proposed temporary parking lot shall meet all applicable requirements set forth in
Chapters 4 and 5.
B. The proposed temporary parking lot shall only be permitted for up to five years from the
date on which a certificate of completion, temporary certificate of completion, certificate
of occupancy or temporary certificate of occupancy, whichever occurs first, is issued.
The design review board may, at its sole discretion, allow up to an additional five years
for the temporary parking lot to operate. In no instance shall the temporary parking lot
operate for more than ten years from the date on which a certificate of completion,
temporary certificate of completion, certificate of occupancy or temporary certificate of
occupancy, whichever occurs first, is issued.
C. The property owner shall execute a restrictive covenant, in a form approved by the City
Attorney, agreeing to all of the conditions set forth herein and further agreeing,
voluntarily, not to invoke or avail itself of any right to tolling or extensions of permits or
other authorizations provided in section 252.363, Florida Statutes, as may be amended
from time to time, or other applicable law, which could otherwise allow for the use of the
temporary parking lot for more than ten years from the date on which a certificate of
completion, temporary certificate of completion, certificate of occupancy or temporary
certificate of occupancy, whichever occurs first, is issued.
SECTION 2. Chapter 2, entitled "Administration and Review Procedures", Article XIII, entitled "Historic
Preservation", Section 2.13.7, entitled "Issuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition", is hereby amended as follows:
CHAPTER 2. ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE XIII. Historic Preservation
Page 2 of 4
2.13.7 Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of
Appropriateness for Demolition
c. Review procedure.
4. Notwithstanding subsections 2.13.7(c)(1) through (3) above, all applications for
certificates of appropriateness involving minor repairs, demolition, alterations and
improvements (as defined below and by additional design guidelines to be adopted by
the board in consultation with the planning director) shall be reviewed by the staff of
the board. The staff shall approve, approve with conditions, or deny a certificate of
appropriateness or a certificate to dig after the date of receipt of a completed
application. For purposes of this paragraph, the application requirement of certificate
of appropriateness review shall be satisfied by the submission of a corresponding
building permit application, or such other permit application form required by the
planning department. Such minor repairs, alterations and improvements include the
following:
M. Temporary surface parking lots, as more specifically defined in Chapter 5, provided
such lots satisfy the following requirements:
The proposed temporary parking lot shall meet all applicable requirements set
forth in Chapters 4 and 5.
The proposed temporary parking lot shall only be permitted on a lot that is both
currently vacant and has been continuously vacant since prior to January 1,
2025 and shall not be permitted on any lot where a contributing building was
demolished after January 1, 2025.
III. The proposed temporary parking lot shall only be permitted for up to five years
from the date on which a certificate of completion, temporary certificate of
completion certificate of occupancy or temporary certificate of occupancy,
whichever occurs first, is issued. The historic preservation board may, at its sole
discretion allow up to an additional five nears for the temporary parking lot to
operate. In no instance shall the temporary parking lot operate for more than ten
years from the date on which a certificate of completion, temporary certificate of
completion certificate of occupancy or temporary certificate of occupancy,
whichever occurs first, is issued.
IV. The property owner shall execute a restrictive covenant, in a form approved by
the City Attorney, agreeing to all of the conditions set forth herein and further
agreeing voluntarily, not to invoke or avail itself of any right to tolling or
Page 3 of 4
extensions of permits or other authorizations provided in section 252.363,
Florida Statutes, as may be amended from time to time, or other applicable law,
which could otherwise allow for the use of the temporary parking lot for more
than ten years from the date on which a certificate of completion, temporary
certificate of completion, certificate of occupancy or temporary certificate of
occupancy, whichever occurs first, is issued.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. 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 'ordinance" may be changed to "section" or other appropriate word.
SECTION S. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this vZA day of
ATTEST:
APR 2 8
Rafael E. Granado, City Clerk
First Reading: February 5, 2026
Second Reading: April 22, 2026 ,
Verified by:
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* INCORP GRATED:
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Thomas R.'MooneVAICP
Planning Director
Sponsored by Commissioner Alex J. Fernandez
Page 4 of 4
2026.
einer, Mayor
APPROVED AS TO
FORM AND LANGUAGE
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City Attorney00
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Date
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: April 22, 2026 9:15 a.m. Second Reading Public Hearing
TITLE: ADMINISTRATIVE REVIEW OF TEMPORARY SURFACE PARKING LOTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE BY
AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE V, ENTITLED "REZONINGS AND DEVELOPMENT
APPROVALS," SECTION 2.5.3, ENTITLED "DESIGN REVIEW," SUBSECTION
2.5.3.3 THEREOF, ENTITLED "ADMINISTRATIVE DESIGN REVIEW," TO EXTEND
THE PLANNING DIRECTOR'S AUTHORITY TO ADMINISTRATIVE REVIEW OF
ELIGIBLE TEMPORARY SURFACE PARKING LOTS; BY AMENDING ARTICLE
XIII, ENTITLED 'HISTORIC PRESERVATION," SECTION 2.13.7 THEREOF,
ENTITLED "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION." TO EXPAND ADMINISTRATIVE
REVIEW AUTHORITY FOR TEMPORARY SURFACE PARKING LOTS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On July 23, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred
a discussion item pertaining to the administrative review of temporary surface parking lots (C4 K)
to the Land Use and Sustainability Committee (LUSC). On September 11, 2025, the LUSC
discussed the proposal and recommended that the City Commission refer an ordinance to the
Planning Board, in accordance with the draft text in the LUSC memo, and the following
amendments:
1. Areas outside of historic districts shall be included under staff level design review approval.
2. The proposed ordinance shall not apply to properties in historic districts where a contributing
building was demolished after January 1, 2025.
3. The timeframe for the temporary parking lots shall be consistent with the timeframes set forth
in Chapter 5 of the Resiliency Code (5 years with up to a 5 year extension).
On December 17, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed ordinance to the Planning Board (C413).
ANALYSIS
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The attached draft ordinance amends Chapter 2 of the Land Development Regulations of the City
Code (LDRs), in accordance with the recommendations of the LUSC, by establishing procedures
for the administrative review of temporary surface parking lots. Currently, temporary parking lots
require the review of the design review board or historic preservation board, depending on the
location of the property. The following is a summary of the proposed amendments that are specific
to administrative review of temporary surface parking lots:
• The proposed temporary parking lot must be consistent with all applicable requirements set
forth in Chapters 4 and 5 of the LDRs.
• The proposed temporary parking lot shall only be permitted for up to five years from the date
a certificate of completion, temporary certificate of completion, certificate of occupancy or
temporary certificate of occupancy, whichever occurs first, is issued.
• The historic preservation board or design review board, as applicable, may, at its sole
discretion, allow up to an additional five years for the temporary parking lot to operate.
• The property owner shall be required to execute a restrictive covenant, in a form approved by
the City Attorney, agreeing to all the temporary lot requirements set forth in the ordinance.
The covenant would also require that the applicant agree not to invoke or utilize any
preemptions from the State, both now and at any time in the future, that would allow for the
use of the temporary parking lot beyond the allowable operation period set forth in the
ordinance (maximum period of ten years if extensions are granted).
• Within local historic districts, temporary parking lots would only be permitted on a property
that has been vacant prior to January 1, 2025 and temporary parking lots would not be
permitted on a property where a contributing building was demolished after January 1, 2025.
From an urban design and appropriateness standpoint, surface parking lots are not the best use
of a property, particularly over the long term. In this regard, surface parking lots, even those
intended to be temporary in duration, often end up operating for extended periods of time, as they
are an inexpensive way to monetize a property. Also, surface parking lots tend to multiply, which
exacerbates the urban design shortcomings associated with the use. Over the long term, the
storage of vehicles is better suited within enclosed structures, above the ground floor.
Notwithstanding these issues, surface parking lots are currently permissible in commercial zoning
districts in the City, and the proposal herein would apply the same 5-year (with up to a 5-year
extension) timeframe for temporary lots that currently exists for surface lots that require land use
board review. Also, existing landscape and surface finish requirements for temporary parking lots
would still be applicable. Given these existing regulations and design standards, the
Administration does not object to the proposal moving forward.
PLANNING BOARD REVIEW
On February 3, 2026, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on March 18, 2026, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
760 of 2461
If applicable, the Business Impact Estimate (BIE) was published on: 4/1/2026
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsors)
Condensed Title
9:15 a.m. 2nd Rdg, Admin Review of Temporary Surface Parking Lots. (Fernandez) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 3/18/2026 - R5 P; Not reached on 2/25/2026 - R5 E
761 of 2461