2016-4002 Ordinance ORDINANCE NO. 2016-4002
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," OF CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE
II, ENTITLED "DISTRICT REGULATIONS," BY AMENDING DIVISION
2, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL
DISTRICTS," BY AMENDING SECTION 142-109, ENTITLED
"COMMERCIAL USE OF SINGLE-FAMILY HOMES PROHIBITED," BY
AMENDING SUBSECTION (c)(1)b., REQUIRING AN OWNER OR
RESIDENT TO SUBMIT AN AFFIDAVIT TO THE CITY MANAGER
IDENTIFYING THE LIMITED COMMERCIAL USE AT THE
RESIDENTIAL PROPERTY; BY AMENDING SUBSECTION (d) THAT
REQUIRES NOTIFICATION TO BE REMITTED TO THE TAX
COLLECTOR AND PROPERTY APPRAISER BY THE CODE
COMPLIANCE DIRECTOR, AND ESTABLISHING A REBUTTABLE
PRESUMPTION STANDARD FOR ADVERTISING AND
ADVERTISEMENT EVIDENCE, AND INCREASING THOSE
MONETARY FINES FOR VIOLATIONS OF SECTION 142-109; BY
CREATING SUBSECTION (f), ENTITLED "ENHANCED PENALTIES,"
WHICH ESTABLISHES ENHANCED PENALTIES FOR VIOLATIONS
OF SECTION 142-109; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations ("LDRs") restrict single-family and multi-
family residential properties to residential and compatible uses; and
WHEREAS, the City's "LDRs" restrict certain residential properties to residential and
compatible accessory uses, and commercial uses on such properties are prohibited, except that
the LDRs allow film and print permits, garage sales and home based businesses at such
properties; and
WHEREAS, the Code Compliance Department has reported numerous instances of
residential properties being advertised as party houses, and where the house is used for a
commercial enterprise for parties instead of as a single family residential use; and
WHEREAS, residential properties used for commercial gatherings, creates excessive
numbers of guests, vehicles and noise, causing inappropriate adverse impacts on the
surrounding residences and residential neighborhood; and
WHEREAS, the City has a substantial interest in maintaining the aesthetics, character
and tranquility of its residential neighborhoods, regulating traffic flow, and the amendment
directly advances these interests which is narrowly tailored to serve those interests; and
WHEREAS, the advertisement of commercial events and transient occupancy of single
and multi-family residences are more appropriately held in the zoning districts that are designed
for such numbers of persons, with the impacts resulting therefrom more appropriately mitigated;
and
WHEREAS, while residents are entitled to enjoy the use of their single residences
consistent with the applicable regulations in the residential zoning districts, in order to ensure
and protect the enjoyment, character and value of the residential neighborhoods and
residences, the provisions herein are hereby adopted; and
WHEREAS, the City Commission finds that such regulations are consistent with, and
further the public health, safety and welfare of the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 2, entitled "RS-1, RS-2, RS-3, RS-4 Single-Family Residential
Districts," of Article II, entitled "District Regulations," of Chapter 142, entitled "Zoning Districts
and Regulations," of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
Article II. District Regulations
* * *
Division 2. RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts
* * *
Sec. 142-109. Commercial use of single-family homes prohibited.
(a) Intent and purpose. The land development regulations restrict residential properties to
residential and compatible accessory uses. Commercial uses on residential properties are
prohibited, with limited exceptions. While residents are entitled to enjoy the use of their
property consistent with the applicable regulations, in order to ensure and protect the
enjoyment, character and value of residential neighborhoods and buildings, the provisions
herein are established.
(b) Definitions.
(1) Use of residential property or use of the property in this section shall mean occupancy
of residential property for the purpose of holding commercial parties, events,
assemblies or gatherings on the premises.
(2) 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 traditional media, including, but not limited to, newspaper,
magazines, flyers, handbills, television commercial, radio advertisement, outdoor
advertising, direct mail, blogs, websites or text messages.
(c) Regulations: Determination of commercial use.
(1) Accessory use of residential property shall be deemed commercial and not permitted,
except as otherwise provided for in the Code, if:
2
a. Compensation to owner. The owner, lessee or resident receives payment or other
consideration, e.g., goods, property or services, in excess of $100.00 per party or
event for the commercial use of the property, including payment by any means,
direct or indirect, including security deposits; or
b. Goods, property or services offered or sold. Goods, property or services are
offered for sale or sold on or at the property, during use of the property; however,
this subsection shall not apply, if:
1. All of the goods, property or services offered are donated to or for charitable,
religious or political organizations or candidates for public office, that have
received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue
Code, as amended, or in accordance with applicable election laws; or
2. All of the proceeds from sales are directly payable and paid to charitable,
religious or political organizations or candidates for public office, that have
received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue
Code, as amended, or in accordance with applicable election laws. An
organization or candidate may reimburse donors for goods or property
donated; or
3. The sale is of the property itself or personal property of the owner or resident
(excluding property owned by a business), and if publicly advertised, comply
with subsection (3) below;
4. Notwithstanding the restrictions in subsections (1)b.1-3., limited commercial
use of the property by the owner or resident for the sale of goods, property or
services shall be allowed under the following criteria. The event:
i. Is by private invitation only, not publicly advertised;
ii. Creates no adverse impacts to the neighborhood;
iii. The activity and its impacts are contained on the property;
iv. Parking is limited to that available on-site, plus 11 vehicles legally self-
parked near the property, with no busing or valet service; and
v. Frequency is no greater than one Llj event per month; OF
5. The owner or resident must provide the City Manager an affidavit that
identifies the limited commercial use of the residential property at least
seventy-two (72) hours before the applicable limited commercial use is
scheduled to commence pursuant to Subsection 142-109(c)(1)b., and the
affidavit must include the applicable information set forth within subsections
c b.1. throu•h c b.4 settin• forth detailed information su••ortin• the
exempted limited commercial use provided therein. The submission of a false
affidavit is a misdemeanor of the second degree, raurvir,121irtpunisliable as
provided in Sections 775.082 or 775.083 of the Florida Statutes; or
c. Admittance fees. Use of the property by attendees requires an admittance or
membership fee or a donation, excluding donations directly payable and paid by
attendees to charitable, religious or political organizations or candidates for public
• office, that have received 501(c)(3) or other tax exempt status under the U.S.
Internal Revenue Code, as amended, or in accordance with applicable election
laws; or
d. Any advertising that promotes the occupancy or use of the residential property for
the purpose of holding commercial parties, events, assemblies, gatherings, or
3
advertisement that promotes 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.
(2) Signs or advertising. Signs or other forms of advertising in connection with goods,
property or services offered in connection with commercial use of the property,
including the actual goods, property (except real property and structures thereon) or
services, shall not be visible from the public right-of-way. This section shall not be
construed to prohibit the display of real estate for sale or lease signs for the property.
(3) Real estate open houses. The following events are permitted: Open houses (open to
the public) organized for the purpose of promoting the sale or lease of the residence
where the open house is located, to potential buyers or renters, or events organized by
the listing agent limited to licensed real estate brokers and/or agents, subject to the
following:
a. No sale or display of goods, property or services by sponsoring businesses
unrelated to the property; and
b. No charging admittance fees.
c. Events described in this subsection must end by 8:00 p.m.
(d) Enforcement.
(1) Violations of this section shall be subject to the following fines. The special master shall
not waive or reduce fines set by this section.
a. If the violation is the first violation $27500,00 $25,000.00
b. If the violation is the second violation within the preceding 18 months ,
$50,000.00
c. If the violation is the third violation within the preceding 18 months ,
$75,000.00
d. If the violation is the fourth or greater violation within the preceding 18 months
$20T000,00-$100,000.00
Fines for repeat violations shall increase regardless of location. The Director of the
Code Compliance Department must remit a letter to the Miami-Dade Property
Appraiser and the Miami-Dade Tax Collector, with a copy of the Special Master Order
adjudicating the violation, that notifies these governmental agencies that the single-
family residential property was used for the purpose of holding a commercial party,
event, assembly or gathering at the premises.
j The advertising or advertisement for the commercial use of a residential property for
the purpose of holding commercial parties, events, assemblies or gathering on the
residential premises is direct evidence that there is a violation of Subsection 142-
109(c), which is admissible in any proceeding to enforce Section 142-109. The
advertising or advertisement evidence raises a rebuttable presumption that the
residential property named in the Notice of Violation or any other report or as identified
in the advertising or advertisement is direct evidence that the residential property was
used in violation of Section 142-109.
(2)0_1 In addition to or in lieu of the foregoing, the city niamust close down the
commercial use of the property eadipursuant to subsection 142-109(f), or may
seek an injunction against activities or uses prohibited under this section.
4
(3)Ltfl Any city police officer or code compliance officer may issue notices for violations of
this section, with alternative enforcement as provided in section 1-14
00 of this Code. Violations shall be issued to the homeowner, and/or to any realtor,
real estate agent, real estate broker, event planner, promoter, caterer, or any other
individual or entity that facilitates or organizes the prohibited activities. In the event
the record owner of the property is not present when the violation occurred, a copy
of the violation shall be provided to such owner.
(4}j Charitable, religious or political organizations or candidates for public office shall
receive one courtesy notice in lieu of the first notice of violation only, after which
fines will accrue starting with the first violation as prescribed. No courtesy notice in
lieu of first notice of violation shall be available if a courtesy notice in lieu of first
notice of violation has already been granted in the preceding 18-month period,
regardless of location.
{5}0_1 The city recognizes peoples' rights of assembly, free expression, religious
freedom, and other rights provided by the state and federal constitutions. It is the
intent of the city commission that no decision under this section shall constitute an
illegal violation of such rights, and this section shall not be construed as such a
violation.
(6)j The city manager or designee may adopt administrative rules and procedures to
assist in the uniform enforcement of this section.
(e) No variances shall be granted from this section. This section does not authorize commercial
activities in residential neighborhoods that are otherwise prohibited or regulated by
applicable law, unless expressly provided for herein.
If Enhanced penalties. The following enhanced penalties must be imposed, in addition to any
mandatory fines set forth in Subsection 142-109(d) above, for violations of Section 142-
109:
(1) Enhanced Penalties for this Section: •
fal The commercial use must be immediately terminated, upon confirming a violation
has occurred, by the Miami Beach Police Department and the code Compliance
Department.
(b) If the offense is a second offense within the _ preceding eighteen (18)
month period of time, and the total square footage of all building(s), accessory
building(s), dwelling(s) or structure(s) exceed 5,000 total square feet, then the
Special Master must impose an additional fine of$50,000.00.
Lql A certified copy of an order imposing the civil fines and penalties must be recorded
in the public records, and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the same
manner as a court judgment by the sheriffs of this state, including levy against the
personal property, but shall not be deemed to be a court iudgment except for
enforcement purposes. The certified copy of an order must be immediately
recorded in the public records, and the City may foreclose or otherwise execute
upon the lien.
5
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
1 If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. 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 a 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this q day of MOrck , 2016.
ATTEST:
/ ��r''' *'s:'�'.si'
S�c �J,
vtwommimill, / /7 '
. ■ 3 /- ,_ y PHILIP LLEV ► ' , v AYOR
RAFAEL� RANA/O, •re' '. ,RK......!9 0 %
APPROVED AS TO
Underline denotes ad tions �'� .. • FORM&LANGUAGE
Stfikethrough denotes; ti O'Bp uRATEO: &FOR EXECUTION
Double underline deno s add t onk It!;r Fir's be;
d Q s''delet i �( aff Readin::Z :: r1 ;7
Phili P x(,e.;._� , •—
City Attomey
I
6