20160113 AM2MIAMIBEACH
City Gommission Meeting
ADDENDUM MATERIAL 2
City Hall, Gommission Chambers,3rd Floor, 1700 Gonvention Center Drive
January 13,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code
sections. Gopies of the City Code sections on lobbyists Iaws are available in the Gity Glerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA'
G4 - Commission Committee Assiqnments
C4H Referral To The Land Use And Development Committee - Discussion Regarding Short Term
Rentals ln North Beach.
(Sponsored by Commissioner Michael Grieco)
C41 Referral To The Land Use And Development Committee - Discussion Regarding The lmpact
Of A Partial Modification Of Ordinance2Ol4-3876, As lt Relates To A FAR (FloorArea Ratio)
lnterpretation.
(Sponsored by Commissioner Joy Malakotf)
G7 - Resolutions
C7J A Resolution To Consider Waiving The Special Event Fees, ln The Amount Of $6,238.50,
And The Collins Park User Fee (Cost TBD), For The Miami City Ballet's 30th Anniversary Gala.
(Sponsored by Commissioner Ricky Arriola)
1 The sponsor of the addendum agenda item deems that such item either constitutes a public emergency affecting life,
health, propefi, or public safety and should be considered immediately; or does not constitute a public emergency, but
should be considered immediately. See Miami Beach Code Sec. 2-12 (c)(3).1
Addendum, January 15, 2014
R7 - Resolutions
R7R A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Creating An Ad Hoc Host Committee For The June2017 United States Conference Of Mayors
AnnualMeeting ("AnnualMeeting"), To Be Held ln MiamiBeach, ln OrderTo Raise Funds For
The City's Hosting Of TheAnnual Meeting; Prescribing The Duties, Manner Of Appointment,
And The Terms Of Office Of Host Committee Members; Establishing That The City's Hosting
Of The Annual Meeting Serves A Public Purpose; Authorizing The Acceptance Of Donations
Made To The City For The City's Hosting Of The Annual Meeting; And Authorizing The City
Manager, Or His Designee, To Make Such ExpendituresAnd/Or Reimbursements From The
Aforestated Donations ln Furtherance Of And Consistent With The Hosting Of The Annual
Meeting.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
R9V
R9 - New Business and Commission Requests
Discussion Regarding Short-Term PM Rush-Hour Gridlock Mitigation.
(Sponsored by Commissioner Michael Grieco)
2
Cardillo, Lilia
From:
Sent:
To:
Subject:
Bonini, Danila
Thursday, January 07, 20L6 12:05 PM
Cardillo, Lilia
Referral North Beach short-term rental ordinance
Please add the following ordinance to the January 13th City Commission consent agenda for a referral to Land Use in
February. This email is to serve as the cover memo. Thank you for your attention on this matter.
Ddr4r(a
llllAlAlmffi&il$--$ ffi
Danila E. Bonini
Aide to Commissioner MICHAEL C. GRIECO
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 786-338-3865 / Fax: 305-673-7096 i www.miamibeachfl.oov
We are committed to providing excellent public seruice and safety to all who live, work and play in our vibrant, tropical, historic
community.
Agenda,tem C4k
Date I -13'n3
SHORT TERM RENTALS IN NORTH BEACH
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,,ZONING DISTRICTS AND REGULATIONS', ARTICLE IV,.SUPPLEMENTARY DISTRICT REGULATIONS', DIVISION 3,
"SUPPLEMENTARY USE REGULATIONS', TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS TO
INCLUDE PROPERTIES IN NORTH BEACH LOCATED IN THE RM-1
RESIDENTIAL MULTIFAMILY LOW INTENSITY ZONING DISTRICT AND
FRONTING HARDING AVENUE, FROM THE CITY LINE ON THE NORTH,
TO 73RD STREET ON THE SOUTH; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for the short term rental of apartments
and townhomes in those zoning districts that do not permit hotel uses; and
WHEREAS, a specified section of the RM-1 district in North Beach has permitted hotel
uses prior to the prohibition on short term rentals in the City of Miami Beach; and
WHEREAS, prior to prohibiting short term rentals in the RM-1 districts, and in
recognition of the historical existence of transient, hotel uses near the ocean in North Beach, the
City of Miami Beach amended the City Code to permit hotels along the Harding Avenue
corridor; and
WHEREAS, the City of Miami Beach desires to amend existing regulations pertaining to
the short term rental of apartments and townhomes to allow short term rentals in certain, nearby
portions of North Beach also designated RM-1; and
WHEREAS, these regulations serve to make the retention and renovation of
architecturally significant buildings in North Beach economically feasible for property owners;
and
WHEREAS, in the continuing efforts to revitalize North Beach, this ordinance will
stimulate its economy and provide another source of tax revenue for the benefit of the City and
community at large; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
4
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations", Article lV, "Supplementary
District Regulations", Division 3, "Supplementary Use Regulations", of the City Code is hereby
amended as follows:
Sec. 142-1111. Short-term rental of apartment units or townhomes.
(a) Limitations and prohibitions.
Unless a specific exemption applies below, the rental of apartment or townhome
residential properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2,
CD-1, RO, R0-3 orTH for periods of less than six (6) months and one (1) day is not a
permitted use in such districts.
Any advertising or-advertisement that promotes the occupancy or use of the residential
property for the purpose of holding commercial parties, events, assemblies, gatherings,
or the occupancy of a residence for less than six months and one day, as provided
herein, or use of the residential premises in violation of this section.
"Advertising" or "advertisement" shall mean any form of communication for marketing or
used to encourage, persuade, or manipulate viewers, readers or listeners for the
purpose of promoting occupancy of a residential property for the purpose of holding
commercial parties, events, assemblies, gatherings, or the occupancy of a residence for
less than six months and one day, as provided herein, upon the premises, as may be
viewed through various media, including, but not limited to, newspaper, magazines,
flyers, handbills television commercial, radio advertisement, outdoor advertising, direct
mail, blogs, websites or text messages.
None of the districts identified below shall be utilized as a hotel.
(b) Previously existing short-term rentals in specified disfrrcfs. For a period of six months after
June 19, 2010, owners of certain properties located in the following districts shall be eligible to
apply for approval of a certificate of use permitting short-term rental of apartment and
townhome residential units for these properties under the requirements and provisions set forth
below.
Eligibility: Properties within the RM-1 and TH zoning districts in the Flamingo Park and
Espanola Way Historic Districts. Those properties that can demonstrate a current and
consistent history of shortterm renting, and that such short-term rentals are the primary
source of income derived from that unit or building, as defined by the requirements listed
below.
(1)
(2)
(3)
(1)
5
(2)
(A) For apartment buildings of four or more units, or for four or more apartment units in
one or more buildings under the same City of Miami Beach Resort Tax ("resort tax")
account. ln order to demonstrate current, consistent and predominant short-term
renting, the property must comply with all of the following:
(i) Have been registered with the city for the payment of resort tax and made
resort tax payments as of March 10, 2010; and
(ii) Have had resort tax taxable room revenue equal to at least 50 percent of total
room revenue over the last two-year period covered by such payments; and
(iii) Have been registered, with the State of Florida as a transient apartment or
resort condominium pursuant to Chapter 509, Florida Statutes, as of March
10,2010.
For properties containing more than one apartment building, eligibility may apply
to an individual building satisfying subsections (bXlXAXi)-(iii) above.
(B) For apartment and townhouse buildings of three or less units, or for three or less
apartment units in one or more buildings under the same state license. ln order to
demonstrate current, consistent and predominant short-term renting, the property
must:
(i) Have been registered with the State of Florida as a resort dwelling or resort
condominium pursuant to Chapter 509, Florida Statutes, as of March 10,
2010.
Time periods for the disfricfs identified in subsection (b)(1) to apply for short-term rental
approvals.
(A) Owners demonstrating compliance with subsection (bX1) above, shall apply for a
certificate of use permitting short-term rental as detailed in subsection 142-1111(0,
within a time period of six months from June 19, 2010, or be deemed ineligible to
proceed through the process specified herein for legalization of short-term rentals.
(B) Within three months of June 19, 2010, eligible owners shall apply to obtain all
necessary approvals to comply with the Florida Building Code, Florida Fire
Prevention Code and with all other applicable life safety standards.
(C) Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code shall be demonstrated by October 1,2011, or rights to
engage in short-term rental under this section shall be subject to restrictions and/or
limitations as directed by the building official and/or fire marshal. This subsection
6
(3)
shall not prevent these officials from undertaking enforcement action prior to such
date.
(D) Applications under this section may be accepted until 60 days after April 1 1, 2012,
upon determination to the planning director that a government licensing error
prevented timely filing of the application.
Eligibility within the Collins Wateffront Local Historic District. Owners of property located
in the Collins Waterfront Local Historic District shall be eligible to apply for approval of a
certificate of use permitting short-term rental of apartment and townhome residential
units under the requirements and provisions set forth below:
(A) Only those properties located south of West 24th Terrace shall be eligible for short-
term rentals.
(B) Only buildings classified as "contributing" in the city's historic properties database
shall be eligible for shortterm rentals. The building and property shall be fully
renovated and restored in accordance with the Secretary of the lnterior Guidelines
and Standards, as well as the certificate of appropriateness criteria in chapter 118,
article X of these Land Development Regulations.
(C) The property must have registered with the State of Florida as a transient or
condominiumpursuanttoChapter509,FloridaStatutes,asofffi
(D) The property must have registered with the city for the payment of resort tax and
made resort tax payments as of ffiinanee-Februarv 21.
2015.
(E) Shortterm rental use shall be based on a single use for the property. No building or
property seeking to have short-term rentals will be permitted to have mixed
residential uses.
(F) Any property seeking to have short-term rental will need to demonstrate that there is
on-site management,24 hours per day, seven days a week.
(G) The short-term rental use requires at least a seven-night reservation.
Time period to apply for short-term rental approvals for those properties located in the
Coll in s Wate rfront Arch itectu ral D i strict.
(A) Owners demonstrating compliance with subsection (bX3), above, shall apply for a
certificate of use permitting short-term rental as detailed in subsection 142-1111(e)
within a time period of three months from the effeetive date ef thie erdinanee
(4)
7
Februarv 21. 2015, or be deemed ineligible to proceed through the process specified
herein for legalization of short-term rentals.
(B) Within three months of the effeetive date ef this erdinanee Februarv 21, 2015, eligible
owners shall have obtained all the necessary approvals to comply with the Florida
Building Code, Florida Fire Prevention Code and with all other applicable life safety
standards.
(C) Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code, shall be demonstrated by the effeetive date ef this
Februarv 21, 2015, or rights to engage in short-term rental under this
section shall be subject to restrictions and/or limitations as directed by the building
official and/or fire marshal. This subsection shall not prevent the building or fire
departments from undertaking enforcement action prior to such date.
(5) ln the event a building approved for short-term rentals in accordance with subsections
(b)(3) and (4), above, is demolished or destroyed, for any reason, the future use of any
new or future building on that property shall not be permitted to engage in short-term
rentals, nor apply for short-term rental approval.
(c) E/rq,Dilify r4lifh,n North Beach. Notwithstandinq the requirements of subsection (d) below,
owners of properties in North Beach zoned RM-1 shall be elioible to applv for approval of a
certificate of use permittinq short-term rental of apartment and townhome residential units
under the followino requirements and provisions:
(1) Onlv those properties frontino Hardinq Avenue, from the Citv Line on the north. to 73d
Street on the south. shall be elioible for short term rentals:
(2) Owners seekino to construct a qround floor attached or detached addition. or seekinq to
introduce an alcoholic beveraoe establishment. may use the followinq sections:
(A) For buildinqs classified as "contributinq" in the North Shore National Reqister Historic
District which are beino substantiallv retained. preserved and restored. and anv
addition uo to a maximum of 2.500 square feet. whether attached or detached. there
shall be no off-street parkinq requirement. The proposed addition to the existino
structure shall be subiect to the review and approval of the Desion Review Board or
Historic Preservation Board, whichever has iurisdiction. and shall include a
renovation olan for the existinq structure that is fullv consistent with the Secretarv of
the lnterior Guidelines and Standards for the Rehabilitation of Historic Buildinqs.
(B) For buildinqs classified as "contributinq" in the North Shore National Reoister Historic
District which are beinq substantiallv retained, preserved and restored. and anv
addition in excess of 2.500 square feet, whether attached or detached, mav
participate in the Fee ln Lieu of Parkino Proqram specificallv provided for in Chapter
8
130. Article V. of these land development requlations. The proposed addition to the
existinq structure shall be subiect to the review and approval of the Desion Review
Board or Historic Preservation Board. whichever has iurisdiction. and shall include a
renovation plan for the existinq structure that is fullv consistent with the Secretary of
the lnterior Guidelines and Standards for the Rehabilitation of Historic Buildinos.
(C) An alcoholic beveraqe establishment. whether a restaurant or bar. with a maximum
of 40 seats. shall be permitted as an accessorv use in buildinos classified as
"contributino" in the North Shore National Reoister Historic District. There shall be no
parkino requirement for the accessory alcoholic beveraqe establishment use.
(d) Regulations. For those properties eligible for short-term rental use as per (b) shall be permitted,
provided that the following mandatory requirements are followed:
Approvals required: applications. Owners, lessees, or any person with interest in the
property seeking to engage in short-term rental, must obtain a certificate of use
permitting short-term rental under this section. The application for approval to engage in
short-term rentals shall be on a form provided for that purpose, and contain the contact
information for the person identified in subsection (3) below, identify the minimum lease
term for which short-term rental approval is being requested, and such other items of
required information as the planning director may determine. The application shall be
accompanied by the letter or documents described in subsection (9) below, if applicable.
The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of $600.00.
Time period. All short-term rentals under this section must be pursuant to a binding
written agreement, license or lease. Each such document shall contain, at a minimum:
the beginning and ending dates of the lease term; and each lessee's contact information,
as applicable. No unit may be rented more frequently than once every seven days.
Contact person. All rentals must be supervised by the owner, manager, or a local and
licensed real estate broker or agent or other authorized agent licensed by the city, who
must be available for contact on a 24-hour basis, seven days a week, and who must live
on site or have a principal office or principal residence located within the districts
identified in subsection (b). Each agreement, license, or lease, of scanned copy thereof,
must be kept available throughout its lease term and for a period of one year thereafter,
so that each such document and the information therein, is available to enforcement
personnel. The name and phone number of a 24-hour contact shall be permanently
posted on the exterior of the premises or structure or other accessible location, in a
manner subject to the review and approval of the city manager or designee.
(1)
(2)
(3)
9
(4) Entire unit. Only entire apartment units and townhomes, as defined in section 114-1,
legally created pursuant to applicable law, may be rented under this section, not
individual rooms or separate portions of apartment units or townhomes.
Rules and procedures. The city manager or designee may adopt administrative rules
and procedures, including, but not limited to, application and permit fees, to assist in the
uniform enforcement of this section.
Srgns. No signs advertising the property for short-term rental are permitted on the
exterior of the property or in the abutting right-of-way, or visible from the abutting public
rightof-way.
Effect of violations on fibensure. Approvals shall be issued for a one-year period, but
shall not be issued or renewed, if violations on three or more separate days at the unit,
or at another unit in any building owned by the same owner or managed by the same
person or entity, of this section, issued to the short-term rental licensee were adjudicated
either by failure to appeal from a notice of violation or a special master's determination of
a violation, within the 12 months preceding the date of filing of the application.
Resorf faxes. Owners are subject to resort taxes for rentals under this section, as
required by city law.
Association rules. Where a condominium or other property owners' association has been
created that includes the rental property, a letter from the association dated not more
than 60 days before the filing of the application, stating the minimum rental period and
the maximum number of rentals per year, as set forth under the association's governing
documents, and confirming that short-term rentals as proposed by the owner's
application under subsection (c)(1) above, are not prohibited by the association's
governing documents, shall be submitted to the city as part of the application.
(10) Variances. No variances may be granted from the requirements of this section.
(e) Enforcement.
Violations of section 142-111'1(b) shall be subject to the following fines. The special
master may not waive or reduce fines set by this section.
A. lf the violation is the first violation: $500.00.
lf the violation is the second violation within the preceding 12 months: $1,500.00.
lf the violation is the third violation within the preceding 12 months: $5,000.00.
(5)
(6)
(7)
(8)
(e)
(1)
B,
c.
D. lf the violation is the fourth violation within the preceding 12 months: $7,500.00.
10
(2)
(3)
E. lf the violation is the fifth or greater violation within the preceding 12 months:
suspension or revocation of the certificate of use allowing short-term rental.
Fines for repeat violations by the same offender shall increase regardless of locations.
ln addition to or in lieu of the foregoing, the city may seek an injunction by a court of
competent jurisdiction to enforce compliance with or to prohibit the violation of this
section.
Any code compliance officer may issue notices for violations of this section, with
enforcement of subsection 142-1111(a) and alternative enforcement of subsection 142-
1111(b) as provided in chapter 30 of this Code. Violations shall be issued to the owner,
manager, real estate broker or agent, or authorized agent, or any other individual or
entity that participates in or facilitates the violation of this section. ln the event the record
owner of the property is not present when the violation occurred or notice of violation
issued, a copy of the violation shall be served by certified mail on the owner at its mailing
address in the property appraiser's records and a courtesy notice to the contact person
identified in subsection (c)(3) above.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SEGTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf 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 ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
11
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
Str*emreugn = deleted language
(Sponsor Commissioner
12
Miami Beach, FL Code of Ordinances
Sec. 1 42-1111. - Short-term rental of apartment units or townhomes.
(a) Limitotions ond prohibitions.
(1) Unless a specific exemption applies below, the rental of apartment or townhome residential
properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-'l, RO, R0-3 or TH for
periods of less than six months and one day.
(2) Any advertising or-advertisement that promotes the occupancy or use of the residential property
for the purpose of holding commercial parties, events, assemblies, gatherings, or the occupancy
of a residence for less than six months and one day, as provided herein, or use of the residential
premises in violation of this section.
"Advertising" or "advertisement" shall mean any form of communication for marketing or used to
encourage, persuade, or manipulate viewers, readers or listeners for the purpose of promoting
occupancy of a residential property for the purpose of holding commercial parties, events,
assemblies, gatherings, or the occupancy of a residence for less than six months and one day, as
provided herein, upon the premises, as may be viewed through various media, including, but not
limited to, newspaper, magazines, flyers, handbills television commercial, radio advertisement,
outdoor advertising, direct mail, blogs, websites or text messages.
(3) None of the districts identified below shall be utilized as a hotel.
(b) Previously existing short-term rentols in specified districts. For a period of six months afterJune 19,2010,
owners of certain properties located in the following districts shall be eligible to apply for approval of
a certificate of use permitting short-term rental of apartment and townhome residential units for
these properties under the requirements and provisions set forth below.
(1) Eligibitity: Properties within the RM-1 and TH zoning districts in the Flamingo Park and Espanola
Way Historic Districts. Those properties that can demonstrate a current and consistent history of
short-term renting, and that such short-term rentals are the primary source of income derived
from that unit or building, as defined by the requirements listed below:
(A) For apartment buildings of four or more units, or for four or more apartment units in one or
more buildings under the same City of Miami Beach Resort Tax ("resort tax") account. ln
order to demonstrate current, consistent and predominant short-term renting, the property
must comply with all of the following:
(i) Have been registered with the city for the payment of resort tax and made resort tax
payments as of March 10, 2010; and
(ii) Have had resort tax taxable room revenue equal to at least 50 percent of total room
revenue over the last two-year period covered by such payments; and
(iii) Have been registered, with the State of Florida as a transient apartment or resort
condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010.
For properties containing more than one apartment building, eligibility may apply to an
i nd ivid ual bu i ld ing satisfyi ng su bsections (bX1 XAXi)-(i i i) a bove.
(B) For apartment and townhouse buildings of three or less units, or for three or less apartment
units in one or more buildings under the same state license. ln order to demonstrate current,
consistent and predominant short-term renting, the property must:
about:blank u5
13
tvz3t20t5 Miami Beach, FL Code of Ordrnances
(i) Have been registered with the State of Florida as a resort dwelling or resort
condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010.
(2) Time periods for the districts identified in subsection (b)(1) to opply for short-term rentol opprovols.
(A) Owners demonstrating compliance with subsection (bXl) above, shall apply for a certificate
of use permitting short-term rental as detailed in subsection 142-1111(0, within a time period
of six months from June 19,2010, or be deemed ineligible to proceed through the process
specified herein for legalization of short-term rentals.
(B) Within three months of June 19,2010, eligible owners shall apply to obtain all necessary
approvals to comply with the Florida Building Code, Florida Fire Prevention Code and with all
other applicable life safety standards.
(C) Compliance with the applicable requirements of the Florida Building Code and Florida Fire
Prevention Code shall be demonstrated byOctober 1,2011, or rightsto engage in short-term
rental under this section shall be subject to restrictions and/or limitations as directed by the
building official and/or fire marshal. This subsection shall not prevent these officials from
undertaking enforcement action prior to such date.
(D) Applications under this section may be accepted until 60 days after April 1 1,2012, upon
determination to the planning director that a government licensing error prevented timely
filing of the application.
(3) Eligibility within the Collins Woterfront Locol Historic District. Owners of property located in the
Collins Waterfront Local Historic District shall be eligible to apply for approval of a certificate of
use permitting short-term rental of apartment and townhome residential units under the
requirements and provisions set forth below:
(A) Only those properties located south of West 24th Terrace shall be eligible for short-term
rentals.
(B) Only buildings classified as "contributing" in the city's historic properties database shall be
eligible for short-term rentals. The building and property shall be fully renovated and
restored in accordance with the Secretary of the lnterior Guidelines and Standards, as well as
the certificate of appropriateness criteria in chapter 1 18, article X of these Land Development
Regulations.
(C) The property must have registered with the State of Florida as a transient or condominium
pursuant to Chapter 509, Florida Statutes, as of the effective date of this ordinance.
(D) The property must have registered with the city for the payment of resort tax and made
resort tax payments as of as of the effective date of this ordinance.
(E) Short-term rental use shall be based on a single use for the property. No building or property
seeking to have short-term rentals will be permitted to have mixed residential uses.
(F) Any property seeking to have short-term rental will need to demonstrate that there is on-site
management, 24 hours per day, seven days a week.
(G) The short-term rental use requires at least a seven-night reservation.
(4) Time period to opply for short-term rental approvols for those properties locoted in the Collins
Wote rfro nt Arch itectu ro I D istri ct.
(A) Owners demonstrating compliance with subsection (bX3), above, shall apply for a certificate
of use permitting short-term rental as detailed in subsection 142-1111(e) within a time period
of three months from the effective date of this ordinance, or be deemed ineligible to proceed
about:blank
14
tl23/20t5 Miami Beach. FL Code of Ordinanccs
through the process specified herein for legalization of short-term rentals.
(B) Within three months of the effective date of this ordinance, eligible owners shall have
obtained all the necessary approvals to comply with the Florida Building Code, Florida Fire
Prevention Code and with all other applicable life safety standards.
(C) Compliance with the applicable requirements of the Florida Building Code and Florida Fire
Prevention Code, shall be demonstrated bythe effective date of this ordinance, or rightsto
engage in short-term rental under this section shall be subject to restrictions and/or
limitations as directed by the building official and/or fire marshal. This subsection shall not
prevent the building or fire departments from undertaking enforcement action prior to such
date.
(5) ln the event a building approved for short-term rentals in accordance with subsections (bX3) and
(4), above, is demolished or destroyed, for any reason, the future use of any new or future
building on that property shall not be permitted to engage in short-term rentals, nor apply for
short-term rental approval.
(c) Regulotions. For those properties eligible for short-term rental use as per (b) shall be permitted,
provided that the following mandatory requirements are followed:
(1) Approvols required: opplicotions. Owners, lessees, or any person with interest in the property
seeking to engage in short-term rental, must obtain a certificate of use permitting short-term
rental under this section. The application for approval to engage in short-term rentals shall be on
a form provided for that purpose, and contain the contact information for the person identified in
subsection (3) below, identify the minimum lease term for which short-term rental approval is
being requested, and such other items of required information as the planning director may
determine. The application shall be accompanied by the letter or documents described in
subsection (9) below, if applicable.
The application for a certificate of use permitting short-term rentals shall be accompanied by an
application fee of $600.00.
(2) Time period. All short-term rentals under this section must be pursuant to a binding written
agreement, license or lease. Each such document shall contain, at a minimum:the beginning and
ending dates of the lease term; and each lessee's contact information, as applicable. No unit may
be rented more frequently than once every seven days.
(3) Contoct person. All rentals must be supervised by the owner, manager, or a local and licensed real
estate broker or agent or other authorized agent licensed by the city, who must be available for
contact on a 24-hour basis, seven days a week, and who must live on site or have a principal office
or principal residence located within the districts identified in subsection (b). Each agreement,
license, or lease, of scanned copy thereof, must be kept available throughout its lease term and
for a period of one year thereafter, so that each such document and the information therein, is
available to enforcement personnel. The name and phone number of a 24-hour contact shall be
permanently posted on the exterior of the premises or structure or other accessible location, in a
manner subject to the review and approval of the city manager or designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section 114-1. legally
created pursuant to applicable law, may be rented under this section, not individual rooms or
separate portions of apartment units or townhomes.
(s)
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15
lll23l20l5 Miami Beach, FL Code of Ordinances
Rules and procedures. The city manager or designee may adopt administrative rules and
procedures, including, but not limited to, application and permit fees, to assist in the uniform
enforcement of this section.
(6) Signs. No signs advertising the property for short-term rental are permitted on the exterior of the
property or in the abutting right-of-way, or visible from the abutting public right-of-way.
(7) Effect of violotions on licensure. Approvals shall be issued for a one-year period, but shall not be
issued or renewed, if violations on three or more separate days at the unit, or at another unit in
any building owned by the same owner or managed by the same person or entity, of this section,
issued to the short-term rental licensee were adjudicated either by failure to appeal from a notice
of violation or a special master's determination of a violation, within the 1 2 months preceding the
date of filing of the application.
(8) Resort toxes. Owners are subject to resort taxes for rentals under this section, as required by city
law.
(9) Associotion rules. Where a condominium or other property owners' association has been created
that includes the rental property, a letter from the association dated not more than 60 days
before the filing of the application, stating the minimum rental period and the maximum number
of rentals per year, as set forth under the association's governing documents, and confirming that
short-term rentals as proposed by the owner's application under subsection (cX1) above, are not
prohibited by the association's governing documents, shall be submitted to the city as part of the
application.
(10) Varionces. No variances may be granted from the requirements of this section.
(d) Enforcement.
(1) Violations of section 142-1 1_!_!_(b) shall be subject to the following fines. The special master may
not waive or reduce fines set by this section.
A. lf the violation is the first violation: $500.00.
B. lf the violation is the second violation within the precedingl2 months: $1,500.00.
C. lf the violation is the third violation within the preceding12 months: $5,000.00.
D. lf the violation is the fourth violation within the preceding 12 months: $7,500.00.
E. lf the violation is the fifth or greater violation within the preceding12 months: suspension or
revocation of the certificate of use allowing short-term rental.
Fines for repeat violations by the same offender shall increase regardless of locations.
(2) ln addition to or in lieu of the foregoing, the city may seek an injunction by a court of competent
jurisdiction to enforce compliance with or to prohibit the violation of this section.
(3) Any code compliance officer may issue notices for violations of this section, with enforcement of
subsection 142-1111(a) and alternative enforcement of subsection 142-1 1 1 1(b) as provided in
chapter 30 of this Code. Violations shall be issued to the owner, manager, real estate broker or
agent, or authorized agent, or any other individual or entity that participates in or facilitates the
violation of this section. ln the event the record owner of the property is not present when the
violation occurred or notice of violation issued, a copy of the violation shall be served by certified
mail on the owner at its mailing address in the property appraiser's records and a courtesy notice
to the contact person identified in subsection (c)(3) above.
(Ord. No. 2010-3685, S 1, 6-9-10; Ord. No. 2012-3758,91,4-11-12; Ord. No. 201 4-3854,53,4-23-14; Ord.
No. 201 5-3925,S 1, 2-1 1 -1 5)
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. : . I t"-t t'*' r....: i i -:
-ll
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: Jonuory 7,2016
SUBJECT: Referrol to Lond Use for o discussion regording the impoct of o portiol
modificotion of Ordinonce 20,l 4-3876 os it relotes to o FAR interpretotion.
Pleose odd the obove ilem to the Jonuory 13, 2016 City Commission Consent Agendo
for referrol to the Lond Use Committee on Jonuory 20,2016:
lf you hove ony questions, pleose contoct me of extension 6622.
JWVM
We ore commilted lo providing excellent public sentce ond sofety to oii who live, work, ond ploy in cur vibronl, hopicoi, hisloric communit\,/.
Asenda tten ? (Z .
oat" t. i S./b17
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]"''' l ' +-\ ! l, i-< i* ;. j i**"1, : i -- i . -. i, : ;' 1*:! i- -. -,,. -. : i
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ricky Arriola, Commissioner
DATE: January 8,2016
SUBJECT: A RESOLUTION TO CONSIDER WAIVING THE SPECIAL EVENT
FEES IN THE AMOUNT OF $6,238.50 AND THE COLLINS PARK
USER FEE (COST TBD) FOR THE MIAMI CITY BALLET'S 3OTH
ANNIVERSARY GALA.
Please add the above subject as a consent item to the January 13,2016 Commission meeting
agenda.
Sincerely,
Ricky Arriola
We ore commified to providing excellent public service ond safet,, to oil vrho ilve, work, ond ploy in our vibront, tropicol, histotic communjty.
Agenda ltem (? 5
sals t.l3.lb19
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20
MIAMIBEACH
FROM:
DATE:
SUBJEGT:
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:MAYOR PHILIP LEVINE
MEMBERS OF THE CITY GOMMISSION
JIMMY L. MORALES, CITY MANAGER
-tr\t
RAUL AGUILA \- ,r* \ i ),. ,. \- ---
CITY ATTORNEY
JANUARY 13, 2016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, GREATING AN AD HOC HOST
COMMITTEE FOR THE JUNE 2017 UNITED STATES CONFERENCE OF
MAYORS ANNUAL MEETING ("ANNUAL MEETING"), TO BE HELD IN
MIAM! BEACH, IN ORDER TO RAISE FUNDS FOR THE CITY'S
HOSTING OF THE ANNUAL MEETING; PRESCRIBING THE DUTIES,
MANNER OF APPOINTMENT, AND THE TERMS OF OFFICE OF HOST
COMMITTEE MEMBERS; ESTABLISHING THAT THE CITY,S HOSTING
OF THE ANNUAL MEETING SERVES A PUBLIC PURPOSE;
AUTHORIZING THE ACCEPTANCE OF DONATIONS MADE TO THE
CITY FOR THE CITY'S HOSTING OF THE ANNUAL MEETING; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE
SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE
AFORESTATED DONATIONS !N FURTHERANCE OF AND
CONSISTENT WITH THE HOSTING OF THE ANNUAL MEETING.
Pursuant to the request of Mayor Philip Levine, the attached Resolution is submitted
for consideration by the City Commission at the January 13,2016 Commission Meeting.
Agenda ltem lK*(-
F:\ATTO\TURN\COMMMEMO\HosI|ng ot 2017 US Conf of Mayors Annual Meeting Reso.doc
Date t-l3.lb21
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, CREATING AN AD
HOC HOST COMMITTEE FOR THE JUNE 2017 UNITED
STATES CONFERENCE OF MAYORS ANNUAL MEETING
("ANNUAL i'tEETtNG"), TO BE HELD tN MtAMt BEACH, tN
ORDER TO RAISE FUNDS FOR THE CITY'S HOSTING OF THE
ANNUAL MEETING; PRESCRIBING THE DUTIES, MANNER OF
APPOINTMENT, AND THE TERMS OF OFFICE OF HOST
COMMITTEE MEMBERS; ESTABLISHING THAT THE CITY,S
HOSTING OF THE ANNUAL MEETING SERVES A PUBLIC
PURPOSE; AUTHORIZING THE ACCEPTANCE OF
DONATIONS MADE TO THE CITY FOR THE CITY'S HOSTING
OF THE ANNUAL MEETING; AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO MAKE SUCH
EXPENDITURES AND/OR REIMBURSEII'IENTS FROM THE
AFORESTATED DONATIONS IN FURTHERANCE OF AND
CONSISTENT WITH THE HOSTING OF THE ANNUAL
MEETING.
WHEREAS, the United States Conference of Mayors (USCM) is the official non-partisan
organization of cities with populations of 30,000 or more and there are currently 1,407 such U.S.
cities; and
WHEREAS, the primary roles of the USCM include promoting the development of
effective national urban/suburban policy; strengthening federal-city relationships; ensuring that
federal policy meets urban needs; and creating a forum in which mayors from across the nation
can share ideas and information; and
WHEREAS, USCM members speak with a united voice on organizational policies and
goals, and mayors contribute to the development of national urban policy by serving on the
USCM's Standing Committees; and
WHEREAS, the USCM has eleven (11) Standing Committees that discuss, debate, and
draft the USCM's positions on pressing issues of the day, including the environment,
transportation, tourism, global climate change, energy, education, the worKorce, health, and
human services; and
WHEREAS, as Vice Chair for Tourism on USCM's Tourism, Arts, Parks, Entertainment
and Sports Standing Committee, Mayor Philip Levine has a prominent role in the development
of USCM's national policies in these areas which are of significant importance to the City of
Miami Beach, a world renowned internationaltourist destination; and
WHEREAS, the USCM hosts a Winter Meeting each January in Washington D.C. and
an Annual Meeting each June in a different U.S. city; and
WHEREAS , the 2017 Annual Meeting of the USCM is scheduled to be held in the City of
Miami Beach in the month of June; and
22
WHEREAS, the hosting of the 2017 USCM Annual Meeting in the City of Miami Beach
will promote tourism, art, and culture in the City, will provide public benefits and generate
revenue for local businesses, and serves a public purpose; and
WHEREAS, the creation of a Host Committee to raise funds for the City's costs in
hosting this national meeting serves the aforestated public purpose; and
WHEREAS, in recognition of the public purpose served by the City's hosting of the 2017
United States Conference of Mayors Annual Meeting, the Mayor and City Commission authorize
the acceptance of donations in furtherance of this purpose; and
WHEREAS, the Mayor and City Commission further authorize the City Manager, or his
designee, to make any and all necessary reimbursements and/or expenditures of the donations
in furtherance of and consistent with the City's hosting of the 2017 United States Conference of
Mayors Annual Meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND Ctry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
1. The City of Miami Beach's hosting of the June 2Q17 United States
Conference of Mayors Annual Meeting in the City of Miami Beach serves a
public purpose.
2. An Ad Hoc Host Committee for said 2017 Annual Meeting is hereby
created, whose purpose is to raise funds for the City's costs in hosting the
2017 Annual Meeting.
3. The Ad Hoc Host Committee shall be composed of up to ten (10) members
to be direct appointees of the Mayor.
4. Ad Hoc Host Committee member terms shall commence on January 14,
2016 for an initial one year term, followed by an additional term through and
including June 30, 2017 (subject to earlier or later sunset by the City
Commission).
5. The City is hereby authorized to accept donations for this public purpose,
and the City Manager, or his designee, is authorized to make such
expenditures and/or reimbursements from the donations in furtherance of
and consistent with the aforestated public purpose served by the City's
hosting of the 2017 United States Conference of Mayors Annual Meeting.
PASSED and ADOPTED this day of 2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\F|osI|ng 2017 U.S. Conf of Mayors Annuat Meeting [revised 1-7-16].doc
APPROVED AS TO
FORM & LANGUAGE
& FOI}EXEGUTION
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Rgv Discussion Regarding Short-Term PM Rush-Hour Gridlock Mitigation.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem KQV
Date t. /J. /C25
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