2016-4001 Ordinance ORDINANCE NO. 2016-4001
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
DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING
SECTION 142-905, ENTITLED "PERMITTED ACCESSORY USES IN
SINGLE-FAMILY DISTRICTS," BY AMENDING SUBSECTION (b)(5)a.
WHICH INCREASES THE MONETARY FINES FOR VIOLATIONS OF
SUBSECTION 142-905(b)(5), AND REQUIRING NOTIFICATION TO BE
REMITTED TO THE MIAMI-DADE TAX COLLECTOR AND PROPERTY
APPRAISER BY THE CODE COMPLIANCE DIRECTOR, BY
ESTABLISHING A REBUTTABLE PRESUMPTION FOR ADVERTISING
AND ADVERTISEMENT EVIDENCE; AND CREATING SUBSECTION
(b)(5)b, ENTITLED "ENHANCEMENT PENALTIES," WHICH
ESTABLISHES ENHANCED PENALTIES FOR VIOLATIONS OF
SUBSECTION (b)(5); BY AMENDING ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY
AMENDING SECTION 142-1111, ENTITLED "SHORT-TERM RENTAL
OF APARTMENT UNITS OR TOWNHOMES," BY AMENDING
SUBSECTION (d) WHICH INCREASES THE MONETARY FINES FOR
VIOLATIONS OF SUBSECTION 142-1111(a), AND REQUIRING
NOTIFICATION TO BE REMITTED TO THE MIAMI-DADE TAX
COLLECTOR AND PROPERTY APPRAISER BY THE CODE
COMPLIANCE DIRECTOR, BY ESTABLISHING A REBUTTABLE
PRESUMPTION FOR ADVERTISING AND ADVERTISEMENT
EVIDENCE; AND CREATING SUBSECTION (d)(5), ENTITLED
"ENHANCED PENALTIES," WHICH ESTABLISHES ENHANCED
PENALTIES FOR VIOLATIONS OF SUBSECTION 142-1111(a); AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the rental of single-family and multi-family residential properties for periods
of less than six months and one day are prohibited by the Land Development Regulations
("LDRs"); and
WHEREAS, single and multi-family residences used on a transient basis, creates
excessive numbers of guests, vehicles and noise, and cause 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, as well as in regulating traffic flow, and these
amendments directly advances these interests by serving a narrowly tailored interest of the City;
and
WHEREAS, the Mayor and City Commission finds that a substantial modification of this
ordinance will prohibit this conduct and these amendments are consistent with and further the
public health, safety and welfare of the City and its residents; and
WHEREAS, these amendments surrounding prohibited transient rentals in single-family
districts and transient rental of apartment units or townhomes, are hereby adopted to
accomplish the above objectives.
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 "Accessory Uses," of Article IV, entitled "Supplementary
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 IV. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2. ACCESSORY USES
* * *
Sec. 142-905. Permitted accessory uses in single-family districts.
(a) Generally. Permitted accessory uses in single-family districts are those uses which are
customarily associated with single-family houses such as, but not limited to, decks,
swimming pools, spas, ornamental features, tennis courts. However, in no instance shall
landing or storage areas for a helicopter, or other aircraft, be permitted as an accessory
use. The planning and zoning director may allow other accessory uses if the director finds
after consultation with the chairman of the planning board that they will not adversely affect
neighboring properties, based upon the criteria listed in section 142-901. Appeal of the
director's decision is to the board of adjustment pursuant to chapter 118, article VIII.
(b) Permitted accessory uses. The following are permitted accessory uses in single-family
districts:
(1) Day care facilities for the care of children are permitted if the following mandatory
criteria are met:
a. A family day care facility shall be allowed to provide care for one of the
following groups of children:
1. A family day care home may care for a maximum of five preschool
children from more than one unrelated family and a maximum of five
elementary school siblings of the preschool children in care after school
hours. The maximum number of five preschool children includes
preschool children in the home and preschool children received for day
care who are not related to the resident caregiver. The total number of
children in the home may not exceed ten under this subsection.
2. When the home is licensed and provisions are made for substitute care, a
family day care home may care for a maximum of five preschool children
from more than one unrelated family, a maximum of three elementary
school siblings of the preschool children in care after school hours, and a
maximum of two elementary school children unrelated to the preschool
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children in care after school hours. The maximum number of five
preschool children includes preschool children in the home and preschool
children received for day care who are not related to the resident
caregiver. The total number of children in the home may not exceed ten
under this subsection.
3. When the home is licensed and provisions are made for substitute care, a
family day care home may care for a maximum number of seven
elementary school children from more than one unrelated family in care
after school hours. Preschool children shall not be in care in the home.
The total number of elementary school children in the home may not
exceed seven under this subsection.
b. Signs on the property advertising the day care facility are prohibited.
c. The family day care facility complies with all applicable requirements and
regulations of the state department of children and family services and the
city's police, fire and building services departments. All of the South Florida
Building Code, city property maintenance standards and fire prevention and
safety code violations shall be corrected prior to the issuance of a city
occupational license.
d. Play area shall only be located in the rear yard and equipment shall be limited
to three pieces of equipment.
e. Day care is prohibited on Sundays.
f. The building shall maintain the external appearance of a single-family home.
g. Site plan shall be approved by the planning and zoning director. The plan shall
include landscaping and a permitted wall or fencing enclosing the rear yard.
h. Family day care facilities shall not be located within 400 feet of another such
facility; except that this restriction shall not apply to state-licensed family day
care homes as defined in F.S. §402.302(5).
(2) The planning and zoning director may approve a second set of cooking facilities if the
residence contains at least 3,600 square feet of floor area and the arrangement of such
facilities or conditions at the property shall not result in the creation of an apartment
unit. No more than one electric meter shall be placed on the property and that portion
of the residence having the second set of cooking facilities shall not be rented. Appeal
of the director's decision shall be to the board of adjustment.
(3) Guest/servants quarters.
(4) Home based business office, as provided in &Section 142-1411.
(5) Leases of single-family homes to a family (as defined in section 114-1) for not less than
six months and one day, including extensions for lesser periods of leases permitted
under this subsection to original leaseholders.
a—The advertisement, as defined in &Section 142-109(b), of single-family homes for a
period of less than six months and one day shall not be permitted for single-family
districts, and shall be a violation of this&Section 142-905(b)(5).
Via. Enforcement.
1. Violations of subsection 142-905f(5)a shall be subject to the following fines.
The special master shall not waive or reduce fines set by this subsection.
A. If the violation is the first violation: $1.500.00 $20,000.00
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B. If the violation is the second violation within the preceding 4-2 18 months:
$3.000.00 $40,000.00
C. If the violation is the third violation within the preceding 1-2 18 months:
$5.000.00 $60,000.00
D. If the violation is the fourth violation within the preceding 4-2 18 months:
$80,000.00
E. If the violation is the fifth or greater violation within the preceding 1-2 18
months: $100,000.00
Fines for repeat violations by the same offender shall increase regardless of
locations. 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 transient rental or occupancy at the single-family
residential premises.
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 section.
3. Any code compliance officer may issue notices for violations of this section
142-90511) (5). 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 142-905 (5). In 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.
4. The advertising or advertisement for the transient rental or occupancy, short-
term rental or rental for period(s) of less than six months and one day of the
residential •ro•ert for the •ur•ose of allowin• such transient rental
or occupancy, short-term rental or rental for period(s) of less than six months
and one day at the residential premises is direct evidence that there is a
violation of Subsection 142-905(b)(5), which is admissible in any proceeding
to enforce Section 142-905(b)(5). 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 142-905(b)(5).
b. Enhanced penalties. The following enhanced penalties must be imposed, in
addition to any mandatory fines set forth in Subsection 142-905(b)(5)a. above, for
violations of Subsection 142-905(bb)(5):
Enhanced Penalties for vi•lations of Subsection 142-905 b 5 :
j The transient rental or occupancy must be immediately terminated, upon
confirmation that a violation has occurred, by the Miami Beach Police
Department and the code Compliance Department.
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(b) If the offense is a second offense within the pfk 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$25,000.00.
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 iudgment 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.
SECTION 2. That Division 3, entitled "Supplementary Use Regulations," of Article IV, entitled
"Supplementary 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 IV. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 3. SUPPLEMENTARY USE REGULATIONS
* * *
Sec. 142-1111. Short-term rental of apartment units or townhomes.
(a) Limitations and 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-1, 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.
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(b) Previously existing short-term rentals in specified districts. 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.
(1) 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 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. In 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 (b)(1)(A)(i)—(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. In 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.
(2) Time periods for the districts identified in subsection (b)(1) to apply for short-term rental
approvals.
(A) Owners demonstrating compliance with subsection (b)(1) above, shall apply for a
certificate of use permitting short-term rental as detailed in subsection 142-1111(f),
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 shall not prevent these officials from undertaking enforcement action
prior to such date.
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(D) Applications under this section may be accepted until 60 days after April 11, 2012,
upon determination to the planning director that a government licensing error
prevented timely filing of the application.
(3) Eligibility within the Collins Waterfront 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 short-term rentals. The building and property shall be fully
renovated and restored in accordance with the Secretary of the Interior 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
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, days a week.
9 � p Y� Y
(G) The short-term rental use requires at least a seven-night reservation.
(4) Time period to apply for short-term rental approvals for those properties located in the
Collins Waterfront Architectural District.
(A) Owners demonstrating compliance with subsection (b)(3), 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 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 by the effective date of this
ordinance, 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) In 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.
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(c) Regulations. For those properties eligible for short-term rental use as per (b) shall be
permitted, provided that the following mandatory requirements are followed:
(1) 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.
(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) 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.
(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 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 violations 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 12 months preceding the date of filing of the
application.
(8) Resort taxes. Owners are subject to resort taxes for rentals under this section, as
required by city law.
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(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 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.
(d) Enforcement.
(1) Violations of cectien Subsection 142-11110,{0, of shall be subject to the following
fines. The special master may shall not waive or reduce fines set forth herein
Seet4014.
A. If the violation is the first violation: $500-00 $20,000.00.
B. If the violation is the second violation within the preceding 4-2 18 months:
$47500410 $40,000.00.
C. If the violation is the third violation within the preceding 4-2 18 months: $57000,00
$60,000.00.
D. If the violation is the fourth violation within the preceding 18 months: $7,588-00
$80,000.00.
E. _ '_- _ • - _ - : _ - - -_ -
---- _ If the
violation is the fifth or greater violation within the preceding 18 months:
$100,000.00, and the suspension or revocation of the certificate of use.
Fines for repeat violations by the same offender shall increase regardless of locations.
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 transient rental or occupancy at
the premises.
(2) In addition to or in lieu of the foregoing, the cit ma seek an injunction by a court of
O city may 1 Y
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
142-1111(b) and (c) 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 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.
1 The advertising or advertisement for the transient rental, occupancy or short-term rental
of the apartment or townhouse residential property for the purpose of allowing a rental
for a period of less than six months and one day at the apartment or townhouse
residential premises is direct evidence that there is a violation of Subsection 142-
9
1111(4, which is admissible in any proceeding to enforce Subsection 142-1111(a).
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 142-1111(a).
(5) Enhanced penalties. The following enhanced penalties must be imposed, in addition
to any mandatory fines set forth in Subsection 142-1111 d) above, for violations of
Subsection 142-1111(a):
LU Enhanced Penalties for Subsection 142-1111(a):
(a) The transient rental or occupancy must be immediately terminated, upon
confirmation that a violation has occurred, by the Miami Beach Police
Department and the code Compliance Department.
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$25,000.00.
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
judgment 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.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
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 5. 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.
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SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this Q day of V14 rch_ , 2016.
Addelli," '
PHILIP LEV 1 /,°7®
ATTEST:
41#0 .-''� •i�A C 1'II,���i ARM&LAN E
' r . !� ,, FORM
RAF'EL E. G- 'NADO, CITY C .'7 - i`,, &FOR EXECUTION
P - o �i► 1r 3 (((.
Underline denotes additions � �-', 1
g#denotes deletions - O`ce City Attorney Date
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Double underline denotes addition.:`.f ' ''�r st Re=.-;;•,g'
denotes deleti $afar First•. ea:!� f-
(Sponsored by Mayor Philip Levine)
11
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance amendments to the land development regulations related to the commercial use of single
family residences and short term rental of apartments and townhomes, including increased fines for
unauthorized uses.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan,etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
The subject ordinances will help ensure to the City's residents the quiet enjoyment of their single and
multifamily residences, by substantially increases the fines for unauthorized and non-permitted uses in
residential neighborhoods.
On February 10, 2016, the City Commission approved the attached ordinances at First Reading and
scheduled a Second Reading Public Hearing for March 9, 2016.
The Administration recommends that the City Commission approve the attached ordinances.
Advisory Board Recommendation:
On February 23, 2016, the Planning Board (vote 6-0) transmitted the attached ordinances to the City
Commission with a favorable recommendation (Planning Board File Nos. 2315 and 2316).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In 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 that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
epartm, t Di e r for Assistant City Manager City Manager
M.k 1.1
T:\AG '7''A\2016\March'?Cnning\Commercial Use Prohibited in SFR Districts any :rt Term Rentals-SECOND
Reading SUM.docx
MIAMIBEACH AGENDA ITEM
DATE 3 9 /Co
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www,miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o,;the City fpommission
1 .
FROM: Jimmy L. Morales, City Manager DATE: March 9, 2016 EC I ND READING — PUBLIC HEARING
SUBJECT: Commercial Use of Single Family omes Prohibited
Accessory Uses in Single Fami y Homes and Short Term Rental of
Apartments or Townhomes
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 DIVISION 2, ENTITLED "ACCESSORY USES"; BY
AMENDING SECTION 142-905, ENTITLED "PERMITTED ACCESSORY USES
IN SINGLE-FAMILY DISTRICTS," BY AMENDING SUBSECTION (b)(5)a.
WHICH INCREASES THE MONETARY FINES FOR VIOLATIONS OF
SUBSECTION 142-905(b)(5), AND REQUIRING NOTIFICATION TO BE
REMITTED TO THE MIAMI-DADE TAX COLLECTOR AND PROPERTY
APPRAISER BY THE CODE COMPLIANCE DIRECTOR, BY ESTABLISHING
A REBUTTABLE PRESUMPTION FOR ADVERTISING AND
ADVERTISEMENT EVIDENCE; AND CREATING SUBSECTION (b)(5)b,
ENTITLED "ENHANCEMENT PENALTIES," WHICH ESTABLISHES
ENHANCED PENALTIES FOR VIOLATIONS OF SUBSECTION (b)(5); BY
AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS," BY AMENDING DIVISION 3, ENTITLED
"SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-
1111, ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR
TOWNHOMES," BY AMENDING SUBSECTION (d) WHICH INCREASES THE
MONETARY FINES FOR VIOLATION S OF SUBSECTION 142-1111(a), AND
REQUIRING NOTIFICATION TO BE REMITTED TO THE MIAMI-DADE TAX
COLLECTOR AND PROPERTY APPRAISER BY THE CODE COMPLIANCE
DIRECTOR, BY ESTABLISHING A REBUTTABLE PRESUMPTION FOR
'ADVERTISING AND ADVERTISEMENT EVIDENCE; AND CREATING
SUBSECTION (d)(5), ENTITLED "ENHANCED PENALTIES," WHICH
ESTABLISHES ENHANCED PENALTIES FOR VIOLATIONS OF
SUBSECTION 142-1111(a); AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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,"
•
Commission Memorandum
Ordinance Amendments—Commercial Use Prohibited in SFR Districts and Short Term Rentals
March 9, 2016
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.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinances.
BACKGROUND
On February 10, 2016, at the request of Mayor Levine, the City Commission approved
the proposed ordinances on First Reading and transmitted them to the Planning Board.
ANALYSIS
The proposed ordinance amendment to Section 142-109 of the Miami Beach Code,
will modify several portions of the ordinance, including a substantial increase in the
monetary fines.
The proposed ordinance amendments are an important public policy component that
will ensure to the City's residents the quiet enjoyment of their single and multifamily
residences, and to make certain that the character and value of the residential
neighborhoods and residences are protected and properly preserved. The City has a
substantial interest in maintaining the aesthetics, character and tranquility of its
residential neighborhoods, in conjunction with regulating the flow of traffic and impacts
of transients rentals and occupancy, which these ordinance amendments directly
advances these important governmental interests. These amendments will prohibit the
unscrupulous conduct of those persons seeking to financial exploit the rental of single
and multi-family residences, thereby creating adverse living conditions for the City
residents that result in excessive number of guests, vehicle and noise that tragically
impact these quiet residential communities.
PLANNING BOARD REVIEW
On February 23, 2016, the Planning Board (vote 6-0) transmitted the attached
ordinances to the City Commission with a favorable recommendation (Planning Board
File Nos. 2315 and 2316). Due to the proposed substantial increase in fines, the
Planning Board also recommended that all single family homes be notified of the
proposed changes.
Commission Memorandum
Ordinance Amendments—Commercial Use Prohibited in SFR Districts and Short Term Rentals
March 9, 2016
FISCAL IMPACT
In 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 City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
JLM/SMT/TRM/MAB
T:\AGENDA\2016\March\Planning\Commercial Use Prohibited in SFR Districts and Short Term Rentals - SECOND
Reading MEM.docx
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