2010-3685 Ordinance"SHORT TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES"
. Flamingo Park Neirr,h~r~,~~~ _ . _
ORDINANCE NO. I 2010-3685
,.
. AN ORDINANCE OF THE' MAYOR AND CITY COMMISSION OF
THE CITY OF M,IAMt BEACH, FLORIDA, AMENDING CHAPTER
` .. 142 OF THE CITY CODE,• "ZONING ~ DISTRICTS AND •
REGULATIONS," ARTICLE IV, "SUP.PLEMENTARY DISTRICT ~..
' REGULATfONS," DIVISION 3, "SUPPLEMENTARY USE.
REGULATIONS,"'$Y CREATING NEW ORDINANCE 'SECTION 142-
-. _ 1111, . "SHORT TERM ,RENTAL OF APARTMENT UNITS OR
TOWNHOMES," PROVIDING FOR REPEALER, SfVERABILITY, ..
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS., the Land Development Regulations {"LDRs".) restrict multifamily
residential properties to residential and compatible uses; and '
- ~ WHEREAS, the LDRs are designed to protect and preserve the identity,
image, environmental quality, privacy,. attractive pedestrian streetscapes, and human
scale 'and. character of the City's residential. neighborhoods and buildings and to
• encourage and promote construction that is compatible. with the established .`
_ ~. neighborhood. context; and
~' . •.' WHEREAS, the RM-1, RM-PRD, RM-PRD-2, RPS-1-and RPS-2, CD-1, RO,
RO-3; and- TH zoning districts do not permit hotel uses, except for the West Avenue
. Bay Front Overlay District,. a specified section of the RM-1 .district in North Beach,
` ` . Bed and` Breakfasfi"Inns in the RM=1 district in historic districts, and apartment hotels
.. ~, in the• RPS-1 and RPS=2 districts; and ~ ,
• •WHEREAS, the land development regulations define hotel unit as "a room, or -
' group of rooms, `...;.intended for rental to transients on a day.-to-day, week-to-week,
or month-to-month basis, not intended for use or used as a permanent dwelling and
without cooking facilities," though this definition includes a suite hotel unit,. which the
code defines as,includ,ing cooking facilities;. and.
WHEREAS,-therefore the City Code treats .residences leased in the City on a
day-to-day, week-to-week,. or month-to-month basis as a hotel unit and transient
occupancy;and ~ ...
` WHEREAS, the City has determined that there is ~a potential, for harm 'if
transient rentals .are permitted- without regulations protecting against adverse
external. effects of such use or prohibited in certain :instances;' and,
_ WHEREAS', multifamily or townhome unit owners' sense of community. and '
. privacy would be compromised by unregulated and unrestricted commercial and ~:
transient use of units in multifamily buildings and neighborhoods and
• ; •
` • WHEREAS, multifamily or townhome unit owners have reasonable
' ' • ` expectations of a community of permanent reighbors and owners and the privacy
such a communityentails;• and
:WHEREAS, the privacy and ambience of such multifamily or townhome
• ~ ~~ ~ -. residential• buildings and areas are. materially undermined by unregulated .and.
• ~ unrestricted transient rentals; and
.WHEREAS; the values associated with multifamily or townhome residential
`areas can only be preserved by-very limited and controlled commercial and transient
- use of residences, if at all; and -
•1NHEREAS, based upon the factors listed above, any relaxation of the current
land development regulations with respect to short term rentals in multifamily zoning
districts must be limited in -size and scope to specifically defined neighborhood
• ~ ~ :areas, which have undertaken a process of examining the short term rental issue '
and. have come to a neighborhood consensus with regards to the advisability and
- desirability of the introduction of these uses into those neighborhoods; and
• - • WHEREAS, at this time, based upon an initiative of the ..Flamingo Park
".Neighborhood Association, a consensus has been reached that a limited number of
.properties within the Flamingo Park and Espanola Way Historic Districts, which can
. demonstrate a; current and consistent .history of short-term renting, should be
permitted to be approved by the City for•such use; .and
WHEREAS, while residents are entitled.to enjoy the use of their multifamily
units. consistent with .applicable regulations in apartrnent`or townhome residential
. " districts, the City Commission deems that within the aforementioned Flamingo Park
- ~ and Espanola Way Historic Districts, a limited. number of such-short term rental'Uses, '
` , which>.can demonstrate a current and consistent history of short-term renting, -may
be approved by the-City under certain specified conditions, if subject to regulation
'that 'woald protect the enjoyment, character and value of apartment .or townhome
residential neighborhoods, buildings. and units; .and
WHEREAS, the City Commission finds that such regulations are consistent
- ;with and further the public hhealth, safety and welfare of the City; and ~ •
. WHEREAS, the provisions herein. regarding Short Term Rental of Apartment
Units or Townhomes are .hereby adopted to accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAPNED BY THE MAYOR AN'D CITY
~- ~ `~ COMMISSION OF THE CITY OF MIAMI BEACH., FLORIDA:
r 'Section 1. That City Code Chapter 142; "Zoning Districts And .Regulations," Article
°IV, "Supplementary District. Regulations," Division 3, "Supplementary Use
Regulations," is hereby amended by .creating new ..Section 142-1111, "Short Term
"' Rental Of~Apartment Units or Townhomes," as follows:
Sec. 142-111.1. Short Term Rental. of Apartment. Units or Townhomes.
The rental of apartment or townhome residential properties in districts zoned RM- -
• 1 i RM-PRD, RM-PRD-2, `RPS-1 and RPS-2, CD-1, RO, R0-3 or TH .for periods of
_ less. han "six: months and one day,. unless expressly provided for'in these land "
" _ ~ development regulations (such . as fora portion of the RM-1 district, and for "
apartment hotels in" the RPS-1 and. RPS-2 districts) are not a permitted use in such
districts;unless conducted in accordance with this section.
. ` ~) .Previously- Existing Short Term Rentals in Specified Oistricts. "
~" .Fora period of six-(6):months after the effective date of this ordinance (June 19
" " ~ ,,'2010), owners of certain properties located in the following districts shall-be eligible ,
' ~ .` . " ~ to"applV 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. -Other neighborhoods may be added to this provision in
" ~~ future by action of the City Commission
Districts:• Properties within the RM-1. and TH zoning districts in the Flamingo
Park and Espanola Way Historic Districts: ,.~
Eligibility: Those properties that can demonstrate a .current and consistent
- history ofi 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. "
" ;' ° • _~ ~ 1`., For; apartment buildings of four or more units or for four or more apartment
" - ~ units in one or more buildings under the same resort tax account'
' . ' ."n order to demonstrate current, consistent and predominant short-term renting the.
-Lroperty must comply_with all of the following: '
' a. have been registered. with the City-for the payment of Resort Tax and
~= " ." , ~ ` made resort tax payrnents as of March 10 2010` and '
b. have had City of Miami Beach Resort Tax taxable room revenue equal to
~~ , ~ at least 50% of total room revenue over the last two=year period covered
.
- " ~:bv such payments; and....
c: have been''registered.withthe 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 buifdina satisfying (a) through (c) above ~ "
..
• ~ ~ 2. 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
3 .
In order to demonstrate,current, consistent and predominant short-term renting, the
..~
. property must: ~ ;
a. 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 to Apply for.Short Term :Rental Approvals.
' , - 1) Owners demonstrating compliance. with subsections 1 'or 2 above shall apply for
a certificate of use permiftinq short term rental as detailed in Section 142-1111(4)
within a time period,of six months from the effective date of this ordinance (June.
.'' 19, 2010): or be deemed ineligible to proceed through the process specified
'~ ~ herein for legalization of short term .rentals..
, -2) Within, three (3) months: of.`the effective date of this ordinance (June 19 2010)
eligible owners shall apply to obtain all necessary approvals to comply with the
Florida Btailding Code, Florida Fire Prevention Code and with all other applicable ..
,, lifesafetystandards.~ - ~ '
3~ 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 ordinance ,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.
fd)" Regulations: .
;For those. properties `eligible as per (b) above unless otherwise expressly "provided
- for 'in. these nand ~ development .regulations short term" rental of apartment and
.townhome-residential :units shall be permitted provided that the`following mandatory
reauirements :are followed:
1) Approvals required; applications. Owners lessees or any person with interest in
=~
the property seeking "fo engage in short term rental mustobtain a certificate of
use ~permittinq 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 requir=ed information as the Planning Direcfor
may. determine. The application shall be accompanied by the efter or documents
" _ described 'in ubsection (9) below, if applicable.
- - ~ :The applicatiorn for^ a certificate of use permitting short term rentals shall be
-'
accompanied by an application fee.. of $600:
' 2) .Time period. All short term 'rentals under this section must be pursuant to a
binding written°a~reement, license or lease. Each such document shall confiain
4
ate a minimum: the beginning and ending dates of the lease term; and each
lessee's contacf information, as 'applicable. No. unit ,may be rented more
frequently han once every seven (7) days..
- 3) 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 twenty-four hour basis, seven
- .. days. a week, and who must live on site or have a principal office or principal
residence locafed within the Flamingo .Park or Espanola Way Historic Districts. -
,~ Each agreement; .license, or lease, or 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 subiect 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.
5} 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 ordinance.
36) 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 Violations. on Licensure. Approvals shall be issued for cone-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 the building- owned by the same owner or
.managed by the same person or entity of this ordinance 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
recedin the date of filin of the a lication.
8) Resort taxes. Owners. are subiect to .resort taxes for rentals under this section
as required by City law. -
9) 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 sixty 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 1 above are not
prohibited by the association's governing documents shalt be submitted to the
- ~• . City as part of the application. if the applicant after 'best efforts is unable to
- 5 '
:~ '
'' obtain such aletter -from the association, he or she may submit the latest version
_~
of the association's documents to the City Attorney's .Office for confirmation of
.,the. above...
1.0) Variances. 'No.variances may be granted from the requirements of this section.
:, ; . (e) Enforcement:. -
~1_) Violations of,section 142-1111{b) shalt be subject to the following fines. .
~' ~ ~ The_speciaf master may not waive or reduce.fines set by this ordinance.
~' a. If the violation is the first violation:. $500.00;
b. If the violation is the .second violation within the preceding 12
months: $1,500.00; `
c. If the violation is the third violation within the preceding 12 months:
`` ti _ $5,000.00;
~..- ' ~ - d_ If the violation is the fourth violation .within. the preceding 12
' ~ months: $7,500.00. ~. '
:.~ e. 1f 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.
- - ~ (2) In 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 ordinance. -
. (3) .Any. code compliance. officer may issue notices for violations of •this
ordinance, 'with enforcement of section 142-11`11(a) and alternative
~, ~ _ enforcement of section 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. In the event the record owner of the
. ~ property is not present when .the violation occurred or notice of violation
issued, a copy. ofi the violation shall be served by certified mail. on .the owner
at its rriailing address in the. property appraiser's records and a courtesy
notice to the contact person identified in subsection (d)(3) above.
Secfi~on 2, Repealer.
• Alf ordinances or .parts of ordinances and all section and parts of sections in conflict
r herewith. be and the same 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~ re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
maybe"changed to "section" or other appropriate word.
6 .
Section 4, Severability.
This ordinance is severable;. if any provision ;hereof is held void or unconstitutional in
' a -.final decision by, a court of competent jurisdiction, the balance ofi the ordinance
shall remain valid.
..Section 5: Effective Date. "
This Ordinance shalt take effect.teri days following adoption.
. ~
• ~ ~ .' PASSED and ADOPTED this. 9'~ day of ,hiu • 2010.
d ~
ATTEST:...... - ,
,.
CITY CLERK .
First Reading; April 14, 2010 •
Second Reading: ~' J ne 9, 2010
Verified y: • .
..
" . ~ ~' '
Ric a d . Lor er, AfCP
Ac in .Planning `Director
A ROVED AS TO FORM ~ _
AND LANGUAGE -
R EXE UT10N
..
~~
'." .: ' ; -At`t° rn G~~il _ Date .
F:\atto\HELG\Ordinances\Short Term Rentals -Multifamily\Short Term Legalization Flamingo Park ordinance 6-9-2010 SECOND
READING FINAL.doc
~ .
,.
COMMISSION ITEM SUMMARY ~ ~~
m
;ondensed Title: -
A Proposed Ordinance Amendment creating.:new ordinance Section 142-1111, "Short Term Rental of
Apartment Units or Townhomes".
Cey intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc
Nearly half of all`residential respondents, 47.6%, suggested the effort put forth by the City to regulate
development is "about the right amount."
lssue•
Should the-City Commission adopt an ordinance- regulating short term. rentals including a proposal
creating provisions for limited egalization of a small number of existing. short term rental apartments
within the Flamin o Park nei hborhood?
Item Summa /Recommendation: •`
SECOND READING PUBLIC HEARING
The proposed 'ordinance .creates a new section of the code addressing short term-rentals of
"apartments and townhouses: The proposed ordinance .applies to several .districts city-wide but limits
legalization to :the Flamingo Park and Espanola Way historic districts, and would only permit the
legalization. of a limited number of previously existing short term rental apartments, which would be
approved.only under very stringent conditions. - -
The Administration. recommends that the City Commission adopt the ordinance upon second reading
ublic hearin , as amended.
Advi`so Board Recommendation:
At the August 25, 2009 .meeting the Planning Board had recommended that the City Commission
adopt the originally proposed ordinance, as amended, by a vote of 6-1. -This latest proposal was not
required to go back to the Planning Board fior review; the ordinance they had recommended would
have legalized the same type'ofpre-existing short termsrentals in Flamingo Park and Espanola Way.
The Land Use and :Development Committee discussed this item on January 28; 2010, February 25,
201 O, April 28, 2010 and May 27, 2010. At the latest meeting, the LUD,C discussed the .issues of
compliance with Building and Fire Codes, the applicable threshold date for legalization to be codified
-for this. ordinance, and the tirneframes for application, compliance and approval... The Committee
heard firom several property owners, as to their concerns with respect to compliance with the Building
and', Fire. Codes, and from the Building Official and'. the Fire. Marshal. `The Committee made
-recommendations that staff clean. up that section to eliminate unnecessary language, and add back
the rovision on noise violation. No motion was made re ardin the threshold date for le alization.
Financial Jnfnrma+inn•
Source of Amount ~ Account
Funds: „~
2
- .
3
OBPI Total..
Financial Impact Summary:
Not A licable
i er s ice a is a ive rac in .
Richard Lorber, Acting-Planning Director ,, ~ -
Sign-Offs: .
C't CI k' Off' L I t' T k'
Department Director sistant y Manager City Manager
T:VWGENDA\2010\June 9\Regular\short term re t s mary.docx
MM
U
A~EMDA dTENI I'C S L -
DA'~1` 6-9-10
~ -1~A I BEACH
N1 M
-City, of Mipmi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachA,gov
: ~ ~ COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and.Members of the City Commission
'' FROM:. Jorge M.:Gonzalez, City Manager
'; DATE: June 09, 2010
SUBJECT: Ord'enance Amendment S~C.Q~F FADING PUBLIC HEARING
.: ~ SHORT TERM RENTAL OF APARTMENT UNITS OR TOWNHOMES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
. ~ OF MIAMI .BEACH, FLORIDA, AMENDING .CHAPTER 142 OF THE CITY '
- CODE, "ZONING DISTRICTS AND REGULATIONS;" ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3,
"SUPPLEMENTARY USE REGULATIONS," BY CREATING. NEW
ORDINANCE SECTION 142-1111, "SHORT TERM RENTAL OF
APARTMENT UNITS OR TOWNHOMES," PROVIDING FOR REPEALER,
- SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. -
ADMINISTRATION RECOMMENDATION
The .Administration recommends that the. City Commission adopt the proposed
ordinance; as amended,. upon second reading pufjlic hearing.
' ~ UPDATE
The-.Land Use. and Development Committee met on May 27, 2010 and discussed the
issues of compliance with Building-and Fire Codes, the applicable threshold date for
legalization to .be codified. for this ordinance, and the timeframes for application,
compliance grid approval.
The Committee heard from several property owners,. as to their concerns with respect to
the language in the ordinance specifying compliance with the Building and Fire Codes,
and had presentations.from the Building. Official' and the Fire Marshal.
.- The Committee decided that while the references to the Building and fire codes were
proper. to include; .they directed staff to revise that section to eliminate unnecessary
language. The-language regarding effects of. the noise violations was added back with
- the provision .that it would be clarified to apply . to short term .rentals only. No
- recommendation as to the threshold. date for legalization was decided upori.
'The attached. ordinance contains all those changes requested by the Land Use and
Development Committee.
~` BACKGROUND
The City Commission recently addressed the issue of short term rental of single family
.homes following extensive review of the issues through. public hearings it, and the.
Planning Board held;. and extensive research by the Planning Department concerning
City Commkission Memorandum .
Ordinance Amendment..- Short Term Rentals '
June 9, 2010 - ~ Page 2
the effects of short term rental and transient occupancy in single family neighborhoods.
~ The City Commission at that time resolved to address the issue of short term rentals and
transient occupancy in multifamily residential zoning districts after its determination of
'the appropriate regulation, for single family zoning districts. As 'the regulation of short
term rental in other residential zoning districts that do not allow transient occupancy, i.e.,
do not allow hotels, suite hotels or apartment hotels, will similarly protect the residential
character of these other residential zoning .districts from the adverse effects of
unregulated. transient occupancy, the record prepared for the single family district
regulation is incorporated herein by reference.
_ ~ ~ An amendment to the Land Development Regulations, permitting short term rentals of
- . apartment units in zoning districts that did not currently permit transient occupancy was
.reviewed by the City Commission at its September 9,.2009 meeting. At that time, the
Commission voted to not approve the proposed ordinance, but, rather they referred the
matter to the .tand Use and Development Committee. The'. Commission's specific
directive,was for the Administration to first begin to examine specific areas within which
a, neighborhood consensus could be arrived at regarding short term rentals, and then
• 'bring -back any proposals which may be able to achieve consensus within a wider
neighborhood context.. .
After the, City Commission public hearing .of September 9t", the Flamingo Park
t ~ Neighborhood Association held a meeting of their board on September 26, 2009,.. to
continue to discuss this important issue: At that meeting, the Association adopted a
resolution.. (see attached resolution); re-iterating their opposition to the introduction of
new short term rental apartments into their neighborhood, buf expressing approval of the
concept of legalizing a small number of properties that had- been already operating short
term rentals within. that neighborhood., The resolution. listed a number of criteria that
4 would identify properties with. a record of a current and consistent history of short-term
' renting, and demonstrating that short-term rentals were the primary source of income
derived from that building. Their criteria also focused upon, the .management of any
short term rental ,property being on-site or within the nearby area; and on limiting any
properties that may have had noise violations or other problems with maintenance.
Planning "pepartrnent staff was informed of the Association's resolution, and
' ~ subsequently met with representatives of the Flamingo Park Neighborhood Association,
as well as with .property. owners whose properties rnighf be affected by this proposed
amendment. Staff drafted a proposed ordinance that attempts to codify as many of the
.Neighborhood Association's criteria. as .possible (see attached, ordinance draft). The
. proposed .ordinance- would only apply to the RM-1 and TH zoning districts within the
FlaminaoPark and Espanola Wav Historic Districtslsee maq attachedl.
.PLANNING-BOARD. ACTION
At the August 25, 2009 ~ meeting the Planning. Board recommended that the City
' ~ ' -Commission adopt the originally proposed ordinance, as amended, by a vote of 6-1.
This ordinance would have applied the legalization provision citywide, and would have
permitted. new short term rentals in the .Museum Historic District: That version of the
. ordinance was,not approved by the Commission,.. however. Since this is a more limited
version of the same ordinance, this latest proposal. was not. required to return to the
. ~ Planning Board for review; the ordinance they had recommended would have legalized
' the same type of pre-existing short term rentals in Flamingo Park. and Espanola Way. -
'City Commission Memorandum.
Ordinance Amendment -Short Term Rentals
June 9; 2010 Page 3
LAND USE AND DEVELOPMENT COMMITTEE
" ~ The Land Use and Development Committee discussed -this proposal on January 28, "
2010 and February 25, 2010, and voted 2-0 to forward the proposed ordinance to the full
" commission with a small number of changes. These include the removal of two whereas
- clauses referring to previous City policy. regarding short term rental periods of less than
- six months, and the addition of language that specifies that other neighborhoods may be
included in similar legislation. in the future, .subject to City- Commission ,review and
~.
approval (after Planning Board .review and recommendation as an LDR amendment.)
Questions were raised regarding the dates and ,fiimeframes used to set a threshold for
° eligible properties, the transferability of legalized status, and a situation where there
were multiple 'buildings on one property but only one was used previously for short term
' rentals.. Staff has .responded by refining the proposed language to be clearer, and to
require specific licensing criteria to be met, by including the provision that the criteria
could apply to an individual building on a property with .more than one building,. and by .
clarifying that the short term rental licenses, once granted,-would be transferable..
_ The" item was approved by the City Commission on first reading: on April 14, 2010, and
referred to the Land Use and Development Committee for further refinement between
first and `second reading. At the LUDO .meeting of April 28, 2010, additional
.modifications were made, clarifying overly-confusing. language, removing references to '
. the family unit, and to the noise ordinance, and clarifying the, minimum rental period of
seven,dayS also means that there could be no more than one rental every seven days.
' The ~ Committee reviewed the evidence presented. on affected properties and the
"~. ~" appropriateness arid .reasonableness of setting the date to be used to establish legalized
status, but. voted to send. the ordinance back to the` Commission for second reading
without a recommendation for a specific date.
AYsecond reading orrMay 12, 2010,, the City Commission referred~the matter.back to the
.Land Use and Developmenf Committee fore additional refinement regarding the issues of
compliance with Building and Fire Codes, the applicable threshold.. date for legalization to
_ be codified for #his ordinance, and the timeframes for application, compliance and
.approval. The Committee met on May 27, 2010..and heard from several property
owners; as to their .concerns with respect to the language in the ordinance specifying.
compliance with the Building .and Fire Codes, and had presentations from the Buildirg, "
Official. and the Fire Marshal.
The .Committee decided that while the references to the Building and Fire code. were
proper"to include; they directed staff to clean up that sectiori to eliminate .unnecessary
language.: The language regarding effects of the noise violations was added back with
the provision that it would be clarified to apply to' short term .rentals only. No
'recommendation as to the threshold date for legalization was decided upon.,
,..ANALYSIS
"The. proposed ordinance identifies the properties that would be eligible for short term
rental of apartment. units within the specified .area as those having. proof. of previous
short term:, rentals according to the following formula.
. ~: City Commission Memorandum ~ '
' _ Ordinance Amendment -Short Term Rentals -
June. 9, 2010 Page 4
- - ~. For apartment buildings .of four or -more units -(all of which are .required to register for
resort tax°with the City regardless. of short or long term occupancy) the property must be
A) registered with the City for Resort Tax,: and have made a Resort Tax payment as of _
August 31, 2009; B) have had: City of Miami $each Resort-Tax taxable room revenue
equal to at least 50% of total roomrevenue over.~the last two year period covered by -
' ~ such payments, grid C) be licensed by the State of Florida as a Transient Apartment
Building. as of August 31, 2009. This formula is intended to distinguish between;
,properties whose resort tax payments.were simply.to cover the occasional broken lease,
and those whose, primary activities have focused upon short term rentals for a significant
` ~ period. of time;
'For resort condominiums, which can be a number of .units in one building, or several.
` ~ ` :units, in different buildings, the same requirements would .apply as for apartment
,.
buildings' above. The property or properties must be A) registered with the City for
' - . ~ Resort Tax, and .have made a Resort Tax payment as of August 31, 2009; B) have had
- --City of Miami Beacli Resort Tax taxable room revenue equal to at least 50% of total
room .revenue, over the last two year period. covered by such payments, and C) be
.licensed by the-State of Florida as a Resort Condomihium as of August 31, 2009.
_ ~ ; For properties with less than four ..units, since the City's Resort Tax Division currently
exempts ahese properties from registering for resort tax, an alternative method of
demonstrating short term rentals was found.. For these properties, in order to be eligible
for short term rental, the ,property must have. been licensed, by° the State of Florida as a
~- resort dwelling as of February 1, 2009. k
Severaldates may be used. by the Commission to establish the. applicability of this
ordinance.-The date of February 1, 2009 was arrived at using two factors: In the."fPNA ~.
`resolution, a qualifying criteria states that property owners must demonstrate ~a current
o _ - .and consistent .history. of short term renting during the last ix months. While the
,resolution was adopted in September of 2009, the Administration decided to use August
- 2009 as: the starting .point to count back the six .months as this was the date that the _
. 'Planning Board took action on: the original ordinance which .established zoning-in-
`progress under the .provisions of the Code: Conversely, that date of zoning-in-progress,
August, .2009 -can also be used to establish. the #hreshold date. The Administration
. suggests -this date as appropriate, but concurs with; the land Use and Development
. Committee, that this issue should be discussed and set. as ,a matter of policy by the full
Commission.
Legalization
Staff has .included a-list ofproperties that could, become eligible for legalization, arranged'.-
:: ~- . Eby length. of time paying resort taxes or being licensed by the State (see table attached:) '
An analysis of City -and State records shows that four apartment buildings and one
=townhouse building would currently qualify as eligible if the amendment were adopted as
- proposed on first xeading. The four apartment buildings are -all currently under the
„ ownership of one operator, Mr. Eric Harari, who worked .closely with the Neighborhood"
Associations ~to secure their approval of the previoFusly .discussed resolution. Those ,
.•-_ apartment properties are located at 1440 Pennsylvania Avenue, 1534 Euclid Avenue;
1.542 Jefferson Avenue, and 1032 Michigan Avenue.
A fifth building, Stay at Lincoln at 1611 Lenox Avenue, has :paid transient resort tax. .
. beginning 'rn .July 2009, for a portion of the previous year, and could be-included if the
City Commission Memorandum ~ ~ •
Ordinance Amendment - .Short Term Rentals '
- ~ June 9,•2010 Page 5
.: legalization date were shortened.. For example. choosing. 'the date that zoning-in-
_ progress started {August 2009) would .include-this property. A similar situation exists at
the Triumph Condominium at 1619 Lenox Avenue, where 14 of the 24 apartments in the
;building are owned by Camei Condominium inc., which began. paying resort. tax in
September 2009. A building. at 1550 Meridian had paid resort tax in June 2009, however,
there is no City license for, the property, and there are open violations.
Also note that the ov~rner of the 1005-11 9th Street. apartments, Mr. Andrew Gale,
- ~ ,informed -staff and the Land Use Committee that •he had been paying. resort tax on the
,property, but that there were two buildings on the property, one larger apartment building
• ,that was. permanent residency only, and. a smaller two unit building which has been
rented out short-term since at least April. 2008.. A review by the Finance Department of
the resort tax account confirms this, and the ordinance was slightly revised to include
'this multiple building situation (see double underlined text in ordinance).`.
Regarding properties with less than four`units; as. noted above, an alternative method of
demonstrating short term rentals is proposed to be licensure by the State of Florida as a
resort dwelling. Only two properties in the subject area have this license.. The proposed
' ordinance .specifies that this license must have been in force as of February 1, 2009.
The .only townhouse unit which would be eligible is located at 1.446 Jefferson Avenue,
. and is owned and operated by Tammy R. Tibbles., A second. property, owned. by Donna
Bragassa, at 817 Espanola Way, was licensed on November 24, 2009; and so does not
. _ ' ..qualify under the ordinance as proposed. -
~: Finally, .there. is a .hybrid class of transient apartment rental., which is the resort '
• - condominium, which -may be a number of units in one :building, or• several units in
different buildings: One outstanding. license, 1St Class Vacation Properties,. owned by
Sheila McCufcheon, appears to have an existing resort tax accounf with the City for
multiple apartments within buildings at 1545 Jefferson, Avenue, 926 15th .Street, 745
15th Street, 1569 Michigan Avenue, and. 1601 Jefferson ..Avenue. -This collection of
- apartments would not qualify for legalization as the, ordinance is currently proposed, as
`.payment on this account only began on September 28, 2009, and the required' state
license was not acquired until February 2010, last month. Note also that violations and
complaints have -been made against at least two of the properties.
A question was raised during previous discussions at the Committee level_as to how the
figures of 50% of ,total room revenue. over the last two years, prior to resort tax. payment
. were arrived at for, the threshold to qualify for the proposed legalization. Planning
Department staff has proposed these figures as a formula for implementing the concept .
expressed' by the Neighborhood Association that any legalized properties should be able
• to demonstrate. that short term rental. -was their primary. source of income from the
• a property, and' that they had been engaged in .this usage consistently over a significant
• period prior to when these discussions had begun. `
The .proposed threshold to be used for determining legalized status: could be modified if
an alternate formula was developed, which was determined by the Commission to meet
its policy :goals. Requiring that taxes were to have been paid for a shorter time period,
for example one year, .or six months, would increase the number of properties that would
come under the. provisions of the ordinance and would. be eligible, for licensing as a •
legalized short term- rental, property.
_ City Commission. Memorandum
Ordinance Amendment -Short-Term Rentals
June- 9, 2010
Page 6
Life Safety and Building Codes
Planning Department staff has consistently indicated that this proposed. ordinance
. ~ - ° addresses only the zoning issues involved with short term, aparfinent rentals, and does
~. not extend approval for these .properties or units with respect to the applicable building
" - ~ and fire codes.. Any property or unit applying for short term rental under this ordinance
„ " must become compliant with. the applicable building and fire codes in order to be
:approved. The ordinance specifies that the application for short term rental must obtain
'~, a valid,. Certificate of Occupancy, approved by the Building Official and the Fire .Marshal.
_ for short term/transient: apartment rentals, in order to be approved for the short-term
. ~ rental certificate of use. Although meeting this requirement. may be difficult for some
_ property owners, there is no ability for the City to waive these important requirements, as
' these are ,required by State Statutes and not subject to amendment or modification by
" ahe City.
' Implementation
An initial application fee of $600 is proposed,. based on the previously performed time
and effort calculations. included in the Maximus Fee Study. Eligible properties would
have six months from'the date of approval of the ordinance in which fo apply to the; City
~. for short term rental approval..However, those properties which do not have a valid City
of Miami: Beach` Certificate of Occupancy authorizing transient occupancy, and therefore
' require a change of use, building permit, or new certificate of occupancy in order to be in
compliance with the requirements of. the applicable codes and the provisions of this
ordinance, must make application to the .Building Department for the required change of
- use, building permit,. or new certificate of occupancy within a time period of three (3)
,~ 'months from the effective date of the ordinance, or be deemed. ineligible to ..proceed
through~fhe rest of the legalization process:
. The procedures and regulations for such approval are spelled out in the ordinance, and.
- come primarily from.-the ,previously discussed short term rental ordinance which was
crafted by the Planning Board -after careful review. Rentals would be limited to a
minimum period of .one week, and management would be required to be on-site or
- ,located within the Flamingo Park or Espanola Way district. Fines would be assessed for
~' violations; and, three or more violations could result in-the non-renewal of short term.
' rental licenses. No variances would be allowed, and these rules would :not supersede
. _ ~ any association rules that may apply. "
One area in question is whether the legalized status of short term rentals approved
' under the proposal would transfer to new owners, or would the approval only be for the
.current owner/operator. Planning Department staff believes that as per standard .zoning
~. practice,: once the properties were approved for short term. rentals, the uses would be
treated as conforming: and could be transferred to new ownership without any further
zoning impediments.
,The' legalization contemplated in the proposed ordinance is limited in scope, affecting a
relatively few properties, and has support from both the .property owners that have been
part of this process and the neighborhood association. In future, it should be expected.
. that otherproposals for changes to short term rental rules in other neighborhoods should
follow a similar path;of neighborhood collaboration and dialog, rather than being simply a
proposal from one group or the other.
- City Commission Memorandum
LL Ordinance Amendment -Short Term Rentals •
-.-June-9, 2010 ~ Page 7
Other Areas and Properties
`4 A number of~other inquiries have been made to the Planning Department. regarding the
possibilities for legislation that would.. permit similar short•term rentals in other ways and.
`' ~ in other neighborhoods. The following is a short list of these:
1'. The 1600 Block of Lenox Avenue; between 16t`' Street and Lincoln Road
` Owners of a proposed short term rental apartment /hotel facility in this block
have met with Planning Department staff regarding.. this ordinance.. Their
concept,- however, ..involves both. an existing building and a proposed.. new
building, and as such would not be covered under the proposed limited
` ~ legalizing ordinance. Since the -block contains a legal 'nonconforming.
.•' commercial use at Lenox and 16th Street; • as well as being very closely . ;
located to a .:busy portion ofi Lincoln'Road, the block may be a candidate fora
• type ~ of Neighborhood Conservation District, which might allow short term
~. ~ rentals in both existing. and new buildings, under the .proper conditions.
• However, at this time, the existing building is listed as possibly eligible for
*- - _ legalization urider the proposed ordinance- if-the'date for payment of resort
~_ tax required for legalization is changed to August 31, 2009, which coincides
with the Planning Board action and the start of zoning-in-progress.
_ . ~ 2: .The Temple House
The property of 1415 Euclid Avenue was formerly a synagogue, and was -
converted to a .single family residence several years ago by Mr. Dan
- Davidson. Mr. Davidson desires to convert the property into a lodging facility
or bed and breakfast inn: However, the structure does, not meet the existing
' • requirements for conversion to bed and breakfast. inn;. a code amendment
would be. required to slightly modify, those regulations to permit bed and.
. breakfasts. in non-single family structures (although it was originally built as a .
' sirigle family home, the structure has been altered over the years). Note ,
• . -however, that Mr. Davidson would also desire that .any such .code
• _ amendment .also be written to permit use as a "half for hire" for assembly
uses, vvhich he .proposes would end by 12:00 midnight. Mr. Davidson
presented this proposal .to _the Flamingo Park- Neighborhood Association,
,• - which has submitted a letter indicating. that a resolution supporting this
' .proposal was approved at their December 14, 2009 meeting.. Mr. 'Davidson
has been advised that he may file for an amendment that could address this
- ~ issue. Note that the Land Use and .Development Committee, at -ifs
meeting on April 28, 2010, moved to refer a separate ordinance
amendment addressing bed, and breakfast inns to the Planning Board.
3: South of Fifth Street
' ~ ~ Several property owners have .inquired about the possibility of permitting
.. -short term rentals in the South .Pointe area. James Mooney owns a single
family home•,at 828 4th Street, and would like to operate it for short term.
- rentals. After-discussing this with the Planning. Department staff, Mr. Mooney
,is circulating a petition to the residents. of the area seeking support for an .
,ordinance change which would allow this. Additionally, property owners Erika -
Brigham, Bernard Superstein, and .Donna Bragassa each own apartment
' buildings, which they, desire to use for short term rentals.
.
City Commission Memorandum ~ ~ • .
~x. Ordinance Amendment -Short Term Rentals
• June 9, 2010 ~ Page 8 `
° Although staff ;has explained to them -under. the current zoning, .those
• properties could be converted to apartment hotels, which, are permitted in .
their particular zoning district, they have inquired as to the possibility of code
changes that would legalize them without the need to convert to apartment-
. hotel. In all of .these cases, staff has advised property owners to seek out
: ~ ~. ~ ' ~ neighborhood representatives and work on.arriving at a consensus that is
acceptable to all parties. The South of Fifth Neighborhood Association
= (SOFNA) met to discuss the issue of. short term rentals at its meeting on
'' ` ~ - January 27th; City staff attended that. meeting and made an informational
presentation.- The Association did not take any action on the issue,. but
indicated that in future -they may wish to form a .subcommittee to further
• ~ examine short term rental issues for their neighborhood:
- 4. West 24th Street and Pinetree Drive ~ ~ -
` _ - Nathan Lieberman, owner of. several apartment buildings 'in the -area, met
with staff and. members of the Collins Park Neighborhood Association.
_ Several aspects of the short term rental ordinance as originally considered by
the Planning Board were discussed.. This property owner, if still interested,
should continue his discussions with the CPNA and pursue a .potential -
ordinance for this area.
5. North Beach Town Center
As part of a separate planning initiative for the proposed North Beach. Town . '
_ - Center, the zoning regulations are proposed to be changed for certain areas
_ ~ ~ within ,the Town Center currently designated `RM=1. This is proposed to
°„ ~ permit hotels, and likewise, short term apartment rentals, as a conditional use
in -those areas. .This initiative is planned to be .brought to the City
Commission in the near future.
As shown above, there remains significant interest in short term rentals in several areas
of the City. -The legalization ordinance before the City Commission, however, is limited
to'one-specific area, and is the end product of cooperation between property owners and `
neighborhood association representatives. Staff believes that this process: represents
' ~ the spirit of the referral from the City Commission last year, when it declined to approve •
the wider ordinance that was .proposed', and instead directed a more .neighborhood
focused approach.. Staff will continue to worK with. other. groups in other areas as
proposals are made, working through neighborhood associations and community groups
_ _ when. possible to ensure a consensus is reached prior to bringing forward additional
proposals. -
. FISCAL'IMPACT.
. 1n accordance with Charter Section, 5.02, which requires that the "City of Miami Beach .
shall consider the long` term economic impact (at least 5 years) of proposed legislative
:actions,"this shall confirm that the City Administration evaluated the•long term economic.
impact (at least 5 years) of this proposed legislative action and determined the following:
Property Values _
. Codifying the general prohibition on short term rentals while permitting the very limited
legalization of a small number of ..properties should not have a large impact upon
property values within the area the ordinance is applicable to, since existing properties
K ~ - ~ -
- City Commission IVlemorandum ~ ~ ,
- . ~ Ordinance Amendment:- Short Term Rentals
. . June 9; 2010 Page 9
` ~. ivaluations already reflect the- use of these properties for. nori-transient apartments use.
~: . _ ~ The highly regulated legalization of a small. number of properties and units., without
. ~ permitting the spread of new transient rental facilities, should mean that any negative
effects of the ordinance upon the public health, safety and. welfare of the Flamingo Park
• neighborhood will be limited, thus limiting the scope for negative fiscal impacts upon the
' ,~ ~ City from a decrease in property values or from negative perceptions of neighborhood
quality.. -
Cost. of Enforcement
The Code• Compliance Division ("Division") of the Building Department will be
responsible for .the enforcement of this ordinance. The division is responsible for
enforcing. the City Code as well as 43 recently adopted City ordinances, and.. this
amendment will add to their workload: •
' The division handled over 200 short term rental complaints during the last fiscal year, of
which 37 resulted.in violation being issued. :Based on .these cases, it is estimated that
about 600,men-:hours,. at a cost of $44,000 'per near, were dedicated to the enforcement
of shortterm. rentals: Enforcement of~ short term rental is limited to be reactive
(complaint base) based on City Commission policy. Additionally, short term rentals
' also tend to generate noise complaints and sanitation complaints.
There will be additional cost associated with enforcement of the., new ordinance,;- the .
initial cost of. issuing the permit, the .cost of issuing renewals, and the an on-going
enforcement cost of up to 15 .properties to be legalized, as well as the cost to -.have
stricter enforcement of the illegal short term rentals in: the.area where these properties
will'. be legalized.
On-going, Enforcement Cost - It is expected that there will_be .complaints about failure to .
- comply with the conditions of the-permit, such as one rental per week, which will have to
be investigated by code compliance staff. Additionally; short term.. rentals have a higher
' ° .noise complaint rate. than regular- residences, and they tend to average one noise
:complaints per .year.. Both of these complaint types. will place a burden on the code
' . compliance division. .
Assuming that the City receives one noise complaint and fourviolations of the conditions
s per year,: we can assume two hours per each, at a fully allocated cost of $70.00 per
.hour, is 10 500 per year:.- -
• .lf the trend is to continue, granting approvals for short term rentals in other
neighborhoods, the City should examine finding_an appropriate funding mechanism.
` ~ •' Stricter Enforcement in the 'area -Although-the ordinance. is limited in scope
fo a small number of properties and units to be legalized, it also clarifies that
. additional short term rentals in districts" .which do not 'permit transient
- ` ~ ~ occupancies are not permitted.
' Based on the .discussions from the .neighbors, there is an expectation of enhanced
enforcement of the short term rental regulation by the Code Compliance Division to
ensure that only those properties legalized to operate within this district. in order to
control' the use, staff will need to dedicate time to conduct. computer research. This will
.~ City Commission Memorandum
' Ordinance Amendment -Short Term. Rentals
" ~ June 9, 2010 Page 10
;include searches by building address and short term property rental agency websites.
Assuming one hour per week or 52'hours per year, it will cost approximately 3 600 per
year.
Assuming that you obtain a positive result, it will take about three hours to confirm the
`,` ` °~ ~ illegah activity, and to prepare the case, and take it to the special master. If the City
., - processes one incident per week, it will cost approximately 11 000 per year to perform
this function.
At this time~it is difficult to predict the actual cost of enforcement for this ordinance. in
additions. it is important to recognize that enforcement of this ordinance will primarily fall
on fhe Code Compliance Division; an area of the City organization already expected to
„ ~ enforce more than 40 different codes all with competing priorities and difficulties. While
this ordinance-will' be enforced predominantly through, complaint driven cases, .our
experience with a similar code regulating short term rentals in single family districts has
' resulted in various. residents/complaints being. less than- completely satisfied with the
outcome. A referral to committee has been made by Commissioner Weithorn regarding.
how to improve that situation and possibly reconsidering the Commission direction on
how enforcement should be handled. This ordinance should kie handled in a consistent
manner. -
Of primary concern is to make sure we are clear with what the residents can expect (or
not expect) from this ordinance and its application. Ordinances created. to enhance our
resident's Quality of Life, such as this one; often times result in a range of expectation in
the community which mayor may not be completely achievable.
CONCLUSION
'~ " . ~ 'In. regards to this specific ordinance, with a general prohibition. and legalization limited to
F _ the: Flamingo Park and 'Espanola Way historic districts, and only permitting a limited
number. of. previously. existing.. short term rental apartments to be approved under very
stringent conditions, staff believes that the proposal merits approval.
The proposed amendment,' by codifying the general prohibition on short term ;rentals in
those zoning districts that do not permit transient occupancy, addresses the problems
.:that .have been identified as associated with short term rentals... The goal is to protect
such residential neighborhoods in which transient activity is not permitted from excessive
adverse .impacts, in a manner consistent with the .public health, safety and welfare.
' The attached chart shows various milestones during the consideration by the City of this:
• ' ~ ' issue. ~ The chart illustrates which properties are legalized under this ordinance
depending on which milestones is adopted as the thresholddate in the ordinance. .
" fetiruary, 2009: six months prior to Planning .Board recommendation and start of zoning-
in-progress
May.2009: ResortTax Bills are sent.out for period ending Aprit 30, 2009.
August 2009: Planning Board recommendation, start of zoning=iri=progress
September 2009: fPNA resolution
-City Commission Memorandum
Ordinance Amendment -Short Term Rentals ~ - -
June 9, 2010 Page 11 -
' : ~ ~ November 2009: six- months after Resort Tax Bills issued
February - 2010: Land Use and Development Committee recommendation to -City -
Commission
March 2010: City Commission First Reading -
- ..The Administration .recommends that the City Commission choose the August 31, 2009
date as the appropriate milestone to establish the threshold date for legalization, as this
° ~ corresponds to the Planning Board recommendation and the start of zoning-in-progress,
- and adopt'tfie ordinance as amended, upon second reading public hearing.
. JMG/JGG/RGL ~.
T:WGENDA\2010\June 9\Regular\short term. rentals Memo 6-9-10.doa
Y - -
~,.._ ~.
' c%• 11~'iaa~ai ~ecach ~oan~naarai8y .~eveloprsxen8 ~'orporation
945 Pennsylvania Avenue _
Miami Beach, FL 33139 •
• Resolution RE; Proposed Changes to City Code Allowing Short Term Rentals in
Flamingo Park= and Espanola Way-..Historic Districts
. `WHEREAS, the City of Miami Beach Planning Department Staff in its revised Report as presented to the
,Commission at its September 9, 2009: meeting; recommended a revision to the current code* which would ,
'allow short-term rentals (`short-term' defined as a period of no Less than 1 week) in RM-1 and TH caned
° neighborhoods, excludins the Flamingo Park Historic District. * Staff Report defines the current code:in
this, way: ".:. the Ciry treats .the rental of multi family residential or town-home properties in districts "
` that do not permit hotel uses (RM-1 and TFI) for periods of less than 6 months and one day as transient
` use; and is therefore prohibited under existing regulations ":
WHEREAS, the City of Miami Beach Commission did ~ not adopt said, Ordinance in its • current draft,
._ ~ ~ form, and moved to submit the Ordinance for continued analysis and development to the Commission's
. ' ~ Land Use and Development Committee:
' WHEREAS, the current six month plus one day policy for the Flamingo l?azk /Art Deco Historic District °
follows the '.guidelines of the` Anderson Notter Finegold Preservation acid Development Plan of 1981
(commissioned by fhe Miami Design Preservation League after the recognition of the Miami
° Beach Architectural- District -in 1979), which recognizes the unique character of the Flamingo ,
' Park neighborhood and labels it "residential" for "permanent and seasonal residents" (seasonal
_.
..residents `def ned as those who make, their homes In Miami Beach from November to April):
... ~ ~ WHEREAS;."permanent" :residents of the Flamingo Park./Art Deco Historic District have settled here -
,,precisely because. of their long-fought and hard=won.. sense. of community and permanence, a social
• .`" ~ - ° ~ amenity which has greatly. enhanced the destination appeal of South Beach and lies at the core of its long- '
. term economic health: ,
-.,-"WHEREAS, the City's regulatory requirements for transient residences in its commercial districts (ie ' '
;.
. Hotels) all require full-time, on-site management.,:
WHEREAS, the City of Miami Beach has been outspoken in its advocacy of affordable housing, both for
.. work force.and low-income families, and inventory for such diverse housing would be threatened by an
•' incentivized, lucrative short-term rental market:
• .` ,~EREAS, there aze currently within the Flamingo Park /Art Deco Historic District property owners
• conducting.successful short-term rentals, having compliedwiththe City's and/or~State's tax requirements, - ~.
. and/or, licensing requirements, as well as demonstrating their commitment to maintaining the peace .and
quiet within ,their property's immediate vicinity,. for whom the elimination of-short-term; rentals as an
`accepted and legal use would represent, a loss of livelihood and financial hardship:
. ` ~ :' ~ WHEREAS,. `it is essential for .the Miami Beach City Commission to take action immediately to limit
short-term, rentals in the Flamingo Pazk and Espanola Way Historic Districts (bounded by Lincoln Road, I
° Washington, Avenue, Fifth Street and Alton Road) in order to prevent the conversion of additional
buildings to short-term rental use: •
_ ;
` THEREFORE, the Flamingo Park Neighborhood Association urges the CiTy of Miami Beach
Commission to take the following action as soon as possible: -
` Preserve the .current policy limiting rental periods to a six month .and one day .minimum in the
]ZM-1 and Z'Fi zones. only of the. Flamingo Park and Espanola Way Historic Districts, as well as
the exception .allowing Bed and Breakfast facilities, while allowing the issuance of a
"grandfathered" short-term rental license to those property owners who. qualify according to the
following criteria:.
,.. _
. 1. Short-term rentals must be a property owner's primary source of
. income derived from that building.
2. Property owners must demonstrate a current and consistent history
' of short-term.. renting during the past six months in compliance
. , ~ with all applicable City noise, sanitation, parking, and building
ordinances.
' 3. ]?roperty owners must demonstrate a current and consistent history
of short-term renting during the past six months in compliance
-with all applicable City and State requirements for business
• . _ licensing and tax payments.:
` 4. Property owners of historic multi family buildings, whose
apartment units are less viable as long-term rentals -due to size
(with .areas measuring less than 400 s/f} may apply fora short-
term rental license even if they are not in compliance with items 1-
3, so long as all other criteria outlined herein are satisfied.
5. Upon the sale of a "grandfathered" property, the subsequent owner
of the property may re-apply for ashort-term rental license, but
must do so within the first 6 months of ownership (after 6 months,
the property become"s forever ineligible for "grandfathering"
- ~ status). ,
6. Property owners granted a license to operate short-term rentals
` ~ under items 4-5 shall be given a temporary license fora 1-year
period, during which time they must operate in compliance with all
other criteria outlined herein prior to receiving a license renewal.
. During that 1-year grace period, the City's Planning Director.may
require a progress report.
7. Property owners who are -not living on-site ,must maintain
_ management which is available 24 hours a day located within the
`. i ' ~ Flamingo `Park and Espanola Way Historic Districts, and whose
P. contact information is registered with the City's .Police and Code
- .. Compliance departments and as well as 'posted on the building.
8. Any property owner who is eligible to conduct short-term ~ rentals .
: ~ according the criteria 1-3 must make application for a license to do
. - so within 90 days of the date the currently proposed Ordinance
takes effect, or the property shall, :become forever ineligible for
"grandfathering" status.
~.
,' _ (Adopted unanimously - 9/26/2009)
Area Proposed for Short Term Rental Ordinance by Flami:ngo Park Neighborhood Association'
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