2016-4033 Ordinance Off-Street Parking Regulations
ORDINANCE NO. 2016-4033
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE I, "IN
GENERAL," ARTICLE III, "DESIGN STANDARDS," ARTICLE V, "FEE IN
LIEU OF PARKING PROGRAM," ARTICLE VI, "PARKING CREDIT SYSTEM,"
ARTICLE VII, "SURPLUS AND UNDER-UTILIZED PARKING SPACES," AND
ARTICLE IX, "VALET AND TANDEM PARKING", BY AMENDING AND
CLARIFYING STANDARDS AND PROCEDURES FOR OFF-STREET
PARKING REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, regulation of standards for off-street parking improves the health, safety,
and welfare of the City's residents; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, "OFF-STREET PARKING", is hereby amended, as follows:
Chapter 130 -OFF-STREET PARKING
ARTICLE I. - IN GENERAL
Secs. 130-1-130-29. – Reserved.
Sec. 130-30. -Variances for off-street parking requirements.
Variances for off-street parking requirements shall be prohibited unless explicitly authorized in
this chapter.
ARTICLE II. - DISTRICTS; REQUIREMENTS
Sec. 130-31. - Parking districts established.
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(a) For the purposes of establishing off-street parking requirements, the city shall be divided
into 64-the following parking districts.
(1) Parking district no. 1. Parking district no. 1 is that area not included in parking districts
nos. 2, 3, 4, 5, 6, and 7.
(2) Parking district no. 2. Parking district no. 2 includes those properties with a lot line on
Lincoln Road from the west side of Washington Avenue to the east side of Alton Road
and those properties north of Lincoln Road and south of 17th Street from the west side
of Washington Avenue to the east side of Lenox Court, as depicted in the map below:-
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(3) Parking district no. 3. Parking district no. 3 includes those properties in the CD-3
commercial high density zoning district within one block north or south of Arthur
Godfrey Road from the east side of Alton Road to west side of Indian Creek Waterway
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(4) Parking district no. 4. Parking district no. 4 includes those properties within the TC-1
and TC-2 commercial district in the North Beach Town Center and those properties in
CD-2 districts with a lot line on 71st Street, or between 67th Street and 72nd Street,
from the west side of Collins Avenue to the east side of Rue Notre Dame, and those
properties with a lot line on Normandy Drive from the west side of the Indian Creek
Waterway to the east side of Rue Notre Dame, and those properties in the CD-2 and
MXE districts between 73rd Street and 75th Street, as depicted in the map below:,-
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(5) Parking district no. 5 - Sunset Harbour Neighborhood. Parking district no. 5 includes
those properties generally bounded by Purdy Avenue on the west, 20th Street on the
north, Alton Road on the east and Dade Boulevard on the south, as depicted in the
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(6) Parking district no. 6. Parking district no. 6 includes those properties between Alton
Court (alley) and Lenox Court (alley), or with a lot line on Alton Road, where an alley
does not exist, from 5 Street on the south to Dade Boulevard on the north, with the
exception of properties included in parking district no. 2, as depicted in the map below:.-
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(7) Parking district no. 7. Parking district no. 7 includes those properties with a lot line on
Washington Avenue from 6th Street to Lincoln Road, excluding those properties in parking
district no. 2, as depicted in the map below:-
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(b) There shall be no off-street parking requirement for main or accessory uses associated with
buildings that existed prior to October 1, 1993, which are (i) located within the architectural
district, (ii) a contributing building within a local historic district, or (iii) individually designated
historic building. This provision shall not apply to renovations and new additions to existing
buildings which create or add floor area, or to new construction which has a parking
requirement.
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* *
Sec. 130-35. - Removal of existing parking spaces.
Except as provided for within subsection 130-132(c), no existing required parking space.,
which is legally conforming, may be eliminated for any use. However, notwithstanding the
forgoing, the elimination of any such legal conforming, required parking space for the purposes
of addressing Americans with Disabilities Act (ADA) compliance or for the creation of an
enclosed dumpster/trash area when there has been a determination by the planning and zoning
director of no feasible alternate location shall be permitted without the need to replace such
space or payment of an impact fee in lieu of required parking.
Sec. 130-36. - Off-site parking facilities.
(a) All parking spaces required in this article shall, shall be provided on a self-park basis or
valet parking basis in accordance with section 130-251, and shall be located on the same
lot with the building or use served, or offsite if one of the following conditions is met: within-a
is located. - --- - - -- - - - -- - - - - -
(1)The parking is within a distance not to exceed 1,200 feet of the property with the use(s),
if located in the architectural district or a local historic district.
(2)The parking is within a distance not to exceed 500 feet of the property with the use(s),
when the use is not located in the architectural district or a local historic district.
3 or • o•erties south of Fi S ree he •arkin• is w. in a dis ance o o exceed 1 00
fee of le 'rose ith h- use s For •u •os-s of this subsec ion le 'rose wi he
us-s s s all be ocate• south of Fifth S ree and he •a in• facili ma be loca ed o . of
Fifth Street.
The foregoing distance separation shall be measured by following a straight line from the
property line of the lot on which the main permitted use is located to the property line of the
lot where the parking lot or garage is located.
(b) Where the required parking spaces are not located on the same lot with the building or use
served and used as allowed in section 130-32, a unity of title or for nonadjacent lots, either
a unity of title or a restrictive covenant in lieu of unity of title for parking unification shall be
prepared required for the purpose of insuring that the required parking is provided. Such
unity of title or restrictive covenant shall be executed by owners of the properties
concerned, approved as to form by the city attorney, recorded in the public records of the
county as a covenant running with the land and shall be filed with the application for a
building permit. A I e na 'v-I_ fo - cha •e of use in an exis i • buildin• a leas- for he
purpose of insuri g that the required parking for the new use is provided may be utilized, in
accordance with the following:
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1 he sub•ect lease a I be e ecu ed b he owne of - •ro•erties •rovidin• he
re•uired •a kin• an. he er of h- re•uired s•aces. s ch leas- o be a•'roved as o form
and necessary minimum requirements by the city attorney
2 The required parking spaces provided off site shall be for the sole use of the user of the
s•ac-s and sh.Il no be available or u _eru lized ear i • o suble.sed o a hird •art .
Subleases of any kind shall be prohibited.
3 Al re•u' ed •arkin• spaces fro 'ded •n he off-site 'rose ies sh- I be dedica ed and
cle.rl mar e• for e user •f t - es ab is me 24 ho rs a da 7 d, s a ,eek. is 2,
hour dedicated use re•uirement shall be an explicit term in the lease a•reement.
4 Tie exact loca ion of he e•uired s•aces •rovided off-site shall be clear) delinea e• on
si e :nd floor •lans_•re•a ed • a r-•is e ed archi ect o ens' eer a d sh. I be
incorporated into the lease as an exhibit.
5 A o• of he re -wal of -II 1--ses sh. be •rovided o the Cit wi in 61 da s of s ch
renewal. In the event the terms of a lease should change, such changes shall be approved
as to orm a d nec-ssa uinimu re•uiremen s b th- c' -ttorne .
(6)The lease shall be for at least a minimum of a calendar year.
_ T - lease shall re•uire h-t the enan and _ dlord no ' the Ci of 1•am' :eac
Plannin• De•a men of earl ermina ion of the •arkin• 1-asehold
8 A co• of -I lea e r- ewals sh-II be sub it-d o he •tannin• de., me . In e eve
that a re•uired lease renewal is not provided within 60 says of the expiration of the lease
he su••ec u - sh.II be considered in de aul and a fee in lieu of •arkin• in accordanc- with
Cha• e 130 icle V he e'n s all .e assess-d.
Sec. 130-37. - Interpretation of off-street parking requirements.
(a) The parking required herein is in addition to space for storage of trucks or other vehicles
used in connection with a business, commercial, or industrial use.
(b) Where fractional spaces result, the number of required parking spaces required shall be
rounded up to the nearest whole number.
(c) The parking space requirements for a use not specifically listed in this section shall be the
same as for a listed use which generates a similar level of parking demand.
(d) In the case of mixed uses, uses with different parking requirements occupying the same
building or premises, the parking spaces required shall equal the sum of the requirements
of the various uses computed separately, except when the amount of required parking
spaces is computed under the shared parking provisions as set forth in section 130-221
(e) Whenever a building or use, constructed or established after the effective date of these land
development regulations, is changed or enlarged in floor area, number of apartment or
hotel units, seating capacity or otherwise, to create a requirement for an increase in the
number of required parking spaces, such spaces shall be provided, or the impact fee paid,
whichever is permitted under these land development regulations, on the basis of the
enlargement or change, pursuant to the procedures for establishing parking credits
described in section 130-161.
(f) Whenever a proposed use does not indicate the specific number of persons to occupy such
area, the required parking shall be computed on the basis of one person per 15 square feet
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of floor area, the parking requirement shall then be calculated as listed in sections 130-32
through 130-34_
(g) Handicapped—Accessible parking facilities shall be provided as required by the South
Florida Building Code. These spaces shall be included within the amount of parking that is
required under these land development regulations.
(h) For nonresidential uses, the parking calculation shall be the gross floor area of the building.
When multiple reductions can be applied to the required parking calculation, they shall be
applied in the order in which they appear in the land development regulations.
in When applying parking credits or reductions, any fractional spaces shall be rounded down
to the nearest whole number.
ARTICLE III. - DESIGN STANDARDS
Sec. 130-61. - Off-street parking space dimensions.
With the exception of parking spaces that are permitted in sections 130-101, 130-251, and
130-281, a standard off-street parking space shall be an all-weather surfaced area, not in a
street or alley according to the following standards:, . -- "- - - _ - _ _ -_ _ - _ •
standards.
A standard perpendicular parking space shall have a width of not less than 8.5 feet and
a length of not less than 18 feet, or when located outdoors, 16 feet with two feet of
pervious area overhang, in place of wheel stops and defined by continuous concrete
curb, for a total length of 18 feet. The provision of having a two-foot pervious area
overhang in standard parking spaces may be waived at the discretion of the planning
and zoning director in those instances where said overhang is not practical. In no
instance, however, shall the length of any standard off-street parking space be less than
18 feet, unless otherwise provided for under sections 130-101, 130-251, 130-281, 130-
69 and 130-61 (2) herein.
gi A standard parallel parking space shall have a width of not less than 8.5 feet and a
length of not less than 21 feet.
The length required for all parking spaces shall be measured on an axis parallel with the
vehicle after it is parked. The width required for all parking spaces is to be column-free
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clear space, except for those standard perpendicular off-street parking spaces
immediately adiacent to a structural column within an enclosed parking structure which
may have a width of eight feet. The required area for all parking spaces is to be
exclusive of a parking aisle or drive and permanently maintained for the temporary
parking of one automobile.
Ltlj See section 130-251 for valet parking standards.
Lots which are 55 feet wide or less may have 90° parking stalls measuring 8.5 feet by
16 feet.
Sec. 130-67. - Screening and landscaping.
At-grade parking lots and parking garages shall conform to the minimum landscape
standards as set forth in "section 126 6 Chapter 126.
Sec. 130-68. - Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall be
subject to the following regulations, in addition to section 142-1107 - Parking lots or garages on
certain lots and the other regulations of this article:
(2) When located in the RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3 and R-PS4 districts
and the GU districts adjacent to residential districts, the following regulations shall
apply:
* * *
b. In addition, the following shall apply:
* * *
In no instance shall the above described combined residential and/or commercial
space exceed 25 percent of the total floor area of the structure, with the commercial
space not exceeding ten percent of the total floor area of the structure, nor shall any
accessory commercial space exceed 40 feet in depth. Additionally, in no instance shall
the amount of floor area of the structure used for parking, exclusive of the required
parking for the above described residential or commercial space, be less than 50
percent of the total floor area of the structure, so as to insure that the structure's main
use is as a parking garage. -•- -- - -- - -- - _._ -_-- _ _ . . - - - _ - - _ _ _ .._ _
are limited to one nonilluminated sign no greater than ten square feet in area per
business.
Sec. 130-69. - Commercial and noncommercial parking lots.
Commercial and noncommercial parking lots as a main use on a separate lot shall be
subject to the following regulations, in addition to section 142-1107 - Parking lots or garages on
certain lots and the other regulations of this article:
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(1) The required front and rear yards shall be those of the underlying district.
(2) The required side yards shall be as follows:
Lot Width Side Yard
Setbacks
55 feet wide Two feet
or less
Between 56 and 100 feet, Five feet
inclusive
Greater than 100 feet Ten feet
16 feet.
Sec. 130-70. - Temporary parking lot standards.
(1) Temporary commercial or noncommercial parking lots may be operated in the MR
marine district, GU government use district, MXE mixed use entertainment district, I-1
urban light industrial district or in any commercial district. These lots may be operated
independent of a primary use. Temporary, noncommercial lots may be located in the R-
PS1-4 and in any multifamily residential district or within the architectural district as
defined in section 114-1. One sign per street frontage is permitted. The maximum size
of each sign shall be five square feet per 50 feet of street frontage. This sign shall also
include copy that indicates the name of the operator, the phone number of operator to
report complaints, and who can use the parking facility; i.e., whether it is open to the
general public, private, valet or self-parking.
(2) Parking lots shall be brought to grade with no less than one inch of asphalt over a four-
inch lime rock base; however, the public works director may require a six-inch lime rock
base or thicker asphalt based upon conditions at the site, the intensity of the use at the
site or if trucks are intended to be parked on the site that would require the additional
base support. Surface stormwater shall not drain to adjacent property or a public right-
of-way. If the public works director determines that there is insufficient area to
accommodate drainage, additional measures may be required to adequately drain
stormwater runoff.
(3) Should the city manager find that the operation of a temporary parking lot has an
adverse effect on the welfare of surrounding properties, he may revoke the license
pursuant to the procedures set forth in section 102-383 upon 48-hour written notification
to the applicant.
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(4) Use of temporary parking lots shall not be for parking which is required by these land
development regulations.
(5) All lots considered under this article shall be reviewed pursuant to the design review
regulations.
(6) All lots located south of Biscayne Street or located in a residential zoning district shall
require a public hearing pursuant to the conditional use procedures as set forth in
chapter 118, article IV.
(7) Temporary parking lots shall not be permitted to exist for a period of time greater than
three years from the date of certificate of occupancy or occupational license (business
tax receipt), whichever occurs first, regardless of ownership. At the end of this period, or
such extensions that may be granted as contemplated herein, if the lot continues to be
used for the purposes of parking, a permanent lot shall be constructed in conformity
with these land development regulations.; however, pPrior to the expiration of an
approved temporary parking lot, or not later than 90 calendar days after the expiration
of such approval approved temporary parking lot, an applicant may request from the
planning board one-initial an extension of time for a period not exceeding two years. In
granting reviewing the initial extension of time request or subsequent progress reports
as may be required, - -- . _ - _ - - _- - _ • -- - _ _ e• _ - e"-•-•e•
- - -- - - • -- -- - •••- - - -- e" - , the board shall consider, among
other things, whether the applicant has complied with all of the applicable requirements
of these land development regulations, and any conditions imposed by the planning
board, if any, during its period of operation, as well as any landscaping on the property
that may not be in compliance with the requirements of chapter 126 listed-below. The
notice of public hearing requirements shall be as set forth in chapter 118, article IV.
not more than five extensions of time for periods not to exceed one year each. In
temporary parking lot license (n/k/a business tax receipt), if they have availed
At the end of all applicable extensions of time for a temporary parking lot, unless a
permanent is constructed in conformity with these land development regulations the lot
shall cease to be used for parking and the asphalt and rock base shall be removed and
replaced with soil and landscaping, which shall be maintained until the property is
developed for a use permitted in the zoning district. The owner of the property shall be
responsible for maintaining such property and the landscaping. A plan for a recurring
maintenance schedule that includes, but is not limited to, cleaning the lot, clipping of
hedge material, removing and replacement of dead plant material, fertilization and
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irrigation shall be submitted to, and approved by, the planning department as part of the
last administrative request for extension of time.
(8) Landscaping requirements shall be pursuant to the requirements of Chapter 126.
- .. -- - - - -- --- - --- - -- -- _' . -e - • - • •-
landecape-plate
f. • - - --- :'-e - •- - - --- - - - - - • - --- •- - --- -- • - - • -- -
enc+cParrttrmcent.(9) If the lot is paved and not operated on a valet basis, then all parking spaces shall be
marked by painted lines or curbs or other means to indicate individual spaces and
wheel stops shall be provided. Vehicles shall not back out onto any street. The size of
the parking spaces, back-out areas and exit/interior drives shall not have dimensions
less than those required in sections 130-61 and 130-64. Lots operated on a valet basis
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shall have wheel stops at the edge of the pavement. All wheel stops required in this
subsection shall be placed no less than four feet away from each other.
(10) Prior to the issuance of a building permit, the planning department shall approve the
site and landscaping plans. Prior to the issuance of an occupational license, the department
shall approve the placement, quality and size of landscaping material.
(11) Any temporary parking lot that is nonconforming to these regulations six months after
the effective date of these land development regulations or upon the expiration date of an
existing occupational license, whichever is later, shall cease to exist.
Sec. 130-71. - Provisional parking lot standards.
When permitted, the following standards are established for provisional parking lots:
(1) Provisional commercial or noncommercial parking lots may be operated in the
CD1-3 (commercial, low to high intensity) districts, CPS-1 and 2 (commercial
performance standards districts), I-1 (urban light industrial) district, and MXE (mixed
use entertainment) district. These lots may be operated independent of a primary
use. One sign per street frontage is permitted. The maximum size of each sign shall
be five square feet per 50 feet of street frontage, not to exceed 20 square feet. This
sign shall also include copy that indicates the name of the operator, the phone
number of operator to report complaints, the phone number for Code Compliance,
and who can use the parking facility; i.e., whether it is open to the general public,
private, valet or self-parking.
(2) Provisional parking lots shall be brought to grade with a dust-free surface of no
less than two inches of crushed rock. Prior to the issuance of an occupational
license for a provisional parking lot, the applicant shall submit a plan which
addresses the regular maintenance and watering of the parking and landscaped
surfaces; such plan shall be approved by the planning department and monitored
for compliance. Surface stormwater drainage shall be approved by the public works
department.
(3) Should the city manager find that the operation of a provisional parking lot has an
adverse effect on the welfare of surrounding properties, he the manager may
revoke the license pursuant to the procedures set forth in section 102-383 upon 48-
hour written notification to the applicant.
(4) Use of provisional parking lots shall not be for parking which is required by these
land development regulations.
(5) Provisional parking lots shall not be permitted to exist for a period of time greater
than one year from the date of certificate of occupancy, or occupational license
issuance, whichever occurs first, regardless of ownership. At the end of this period,
if the lot continues to be used for the purposes of parking, a temporary or
permanent lot shall be constructed in conformity with these land development
regulations; however, an applicant may request one extension of time for a period
not exceeding six months from the planning director. Any further extension of time
shall be prohibited.
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(6) Landscaping requirements shall be pursuant to the requirements of Chapter 126:
cvery 25 feet of frontage.
c. An in ground irrigation system that covers 100 percent of the landscaped
areas shall be required.
d. ' - -- - • - - - - - - - - • - • - --- -- -e• •e-
of an occupational license for a provisional parking lot, the applicant shall
limited to cleaning the lot, clipping of hedge material, removing and
(7) All lots considered under this article shall be reviewed pursuant to the design
review process.
(8) If the lot is not operated on a valet basis, all parking spaces shall be marked by
painted lines or curbs or other means to indicate individual spaces and wheel stops
shall be provided. Vehicles shall not back out onto any street. The size of the
parking spaces, back-out areas and exit/interior drives shall not have dimensions
less than those required in sections 130-61 through 130-64. Lots operated on a
valet basis shall have wheel stops at the edge of the parking surface. All wheel
stops required in this subsection shall be placed no less than four feet away from
each other.
(9) Prior to the issuance of a building permit, the planning department shall approve
the site and landscaping plans. Prior to the issuance of an occupational license, the
division shall approve the placement of landscaping.
(10) The applicant for a provisional parking lot must provide a written statement from the
property owner as part of the required submission for the lot, acknowledging that
the owner is fully and solely responsible for eliminating any contamination resulting
from lack of a drainage system on the unpaved lot and indemnifying and holding
the city harmless from loss or damage arising from any contamination on the lot, in
a form approved by the city attorney's office.
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(11) No variances shall be granted from the requirements of this section.
(12) At the time the provisional parking lot ceases to exist, all crushed rock material
shall be removed within 30 days and replaced with sod and/or landscaping as
determined acceptable by the planning, design and historic preservation division.
This provision shall not apply to existing lots where crushed rock was legally in
place at the time of the passage of these land development regulations.
ARTICLE V. - FEE IN LIEU OF PARKING PROGRAM
Sec. 130-132. - Fee calculation.
(a) New construction. The fee in lieu of providing parking for new construction shall be satisfied
by a one:time payment at the time of issuance of a building permit of $35,000.00 per
parking space. The amount of such one-time fee •• - es - - -- -- - - • •
subsection-4)-0f--this-section is set forth in section 118-7.
(b) Existing structures and outdoor cafes. When alteration or rehabilitation of a structure results
in an increased parking requirement, or an outdoor cafe is created or expanded, the fee in
lieu of providing parking shall be satisfied by one of the following:
(1) A one:time payment as set forth in subsection (a) of this section.
(2) A yearly payment in the amount : - es _- - _ -- __ •-- -_ "e _ _ _ _ -_ •
_
(a) of this section set forth in 118-7, which shall continue as long as the use exists.
(The amount of such payment may vary from year to year in accordance with the
determination set forth in subsection (d) of this section.) However, in lieu of continued
yearly payments, a one-time redemption payment may be made at any time of the full
amount due pursuant to subsection (a) of this section minus the amount of money
already paid through yearly payments; such amount shall be based upon the latest
determination made pursuant to subsection (d) of this section as of the time of the
redemption payment rather than upon the amount which would have been due if the
fee had been paid at the time of issuance of the building permit. However, when new
floor area is added to the existing building, the impact fee in lieu shall be as set forth in
subsection (a) of this section.
(c) Removal of existing parking spaces in a historic district. Whenever an existing required
parking space is removed or eliminated for any building that existed prior to October 1,
1993, which are located within the architectural district, a contributing building within a local
historic district, or any individually designated historic building, a fee in lieu of providing
parking shall be required if a replacement parking space is not provided pursuant to
section 130-36:- - - • -•- -- _ as -• s _ • ••• •• -- -- • - - --
Such fee shall be satisfied as set forth in subsection (b), above. In no
case shall the removal of parking spaces result in less than one parking space per
residential unit or 50 percent'of the required parking for commercial uses. This subsection
shall not prohibit the removal of grade level parking spaces located within the front, side
street or interior side yards of a lot -'-- • _ - e" '- -_ -: -ea '-_ •: -_• :'-- • •••
designated-historio-etistrict, should those parking spaces be nonconforming. This subsection
16 of 21
Notwithstanding the foregoing, an owner shall be permitted to remove parking spaces
required for a building in the architectural district or a local historic district constructed after
October 1, 1993, if a change in said building results in a net reduction of required parking•spaces. • e - - - - - - - c •e••,1 -- - - •- - - - -- --- - - -- - -- -- - -- -
(d) Annual evaluation. The amount determined to be the city's total average cost for land
acquisition and construction of one parking space shall be evaluated by
the city commission based upon the Consumer Price Index (CPI). If
determined appropriate, the city commission may amend the fee structure in this section by
resolution.
Sec. 130-133. - Fee collection.
(a) New construction.
(1) One time payment. For new construction the fee in lieu of providing parking shall be
paid in full prior to obtaining a full building permit. Such
fee shall be refunded, upon the request of the applicant, if construction does not
commence prior to expiration of the building permit.
(2) Yearly fee. For those projects which are eligible for and elect a yearly payment plan,
the first fee-in-lieu payment shall be -- - _ _ -- . _ _- _ _ _ _ _- •• _ _
shall be applied at the time the certificate of use is—issued. If no building permit is
- -, -- - e- • -• -'- ea - - - at the time the occupational license or certificate
of use, whichever is earlier, is issued. The amount due shall be prorated from
September 30. -- ---- - -- - - ea e - - - - - •- --_ . _- - --
shall-be p 4s1, Subsequent annual payments shall be paid in full by June 1 as long
as the use exists;,tThe amount of the payment is set forth in subsection 130-132(b)(2).
(b) Existing structures. For existing structures and those which elect a yearly payment plan, the
first fee-in-lieu payment shall be :- - - - - -- •- - - -- - - -- - - ea ••• - 'e _ - ea
payment-shall-be due at the time the occupational license or certificate of use, whichever is
earlier, is issued. -- _ e- . " a ' _ - ea _ - - - - - _ __
-
- --- -- - - •-- - -- = - ---, - • -- - , - 'e The amount due shall
be prorated from September 30. Subsequent annual payments shall be paid in full by June
1 as long as the use exists;: tThe amount of the payment is set forth in subsection 130-
132(b)(2).
(c) Existing structures; one time redemption payment. For existing structures, a one-time
redemption payment may be made at any time and shall be in the amount determined by
application of the formula for a one-time payment as set forth in subsection 130-132(b)(2).
(d) Late payments. For late payments, monthly interest shall accrue on unpaid funds due to the
city under the fee-in-lieu program at the maximum rate permitted by law. Additionally, a fee
17 of 21
in the amount of two percent of the total due shall be imposed monthly to cover the city's
costs in administering collection procedures.
(e) Failure to pay. Any participant in the fee-in-lieu program who has failed to pay the required
fee within three months of the date on which it is due shall be regarded as having
withdrawn from the program and shall be required to provide all parking spaces required by
these land development regulations or cease the use for which such spaces were required.
Failure to comply shall subject such participant to enforcement procedures by the city and
may result in fines of up to $250.00 per day and liens as provided by law.
ARTICLE VI. - PARKING CREDIT SYSTEM
Sec. 130-161. - Regulations.
Whenever a lawfully permitted building or use -- - -- _ _ •- -_ _ _ - e - : _- ,
mil , is changed in a manner that results in an increase in the number of required parking
spaces, the following regulations shall apply. • :. _ _ _ __- _ - .. - - _ "e -
-- "e - - - -- - - - - ---- - 'e - - -- - -- - - •- . Such building or use shall
receive a parking credit equivalent to the adopted parking requirement for the building or uses in
existence at the time of application for a building permit or change of use. The most recent
available certificate of use or certificate of occupancy shall be utilized to determine the credit. If
a building or use was established prior to the adoption of a parking district that reduces the
parking requirement, the parking credit shall be calculated pursuant to the parking requirements
of parking district no 1. The parking credit shall be calculated at the time of building permit or
change of use application and be applied toward the required parking
as follows:
(1) The parking credit shall only be applied to the area within the existing shell of the
building, unless otherwise specifically provided in Chapter 118, Article IX, of these land
development regulations.
(2) Parking credits shall not be applicable to buildings or portions of a building that have
been demolished, unless otherwise specifically exempted in Chapter 118, Article IX, of
these land development regulations.
of the effective date of these land development regulations. Any exicting ucc in-the
".— e- --- -- - - - - - e" - - -e. In order to calculate the parking
requirement of a proposed use, the parking credit shall be subtracted from the total
parking requirement of the proposed use. The additional required parking shall be
provided pursuant to the requirements of section 130-36 or if eligible, the fee in lieu of
parking program described in Article V of this chapter.
(4) Existing required parking spaces, inclusive of spaces for which a complete fee in lieu of
required parking was made, for a building or use shall not count towards meeting
additional required parking for a proposed use, unless the total number of existing
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required parking spaces exceeds the total number of required parking spaces of the
proposed use.
ARTICLE VII. - SURPLUS AND UNDER-UTILIZED PARKING SPACES
Sec. 130-191. - Surplus parking spaces.
When a development contains parking spaces in excess of the number required by these
land development regulations, such spaces shall be considered as surplus parking. These
surplus spaces may be leased to utilized by another property for use as required parking
spaces, if-pursuant to the off-site parking requirements of section 130-36. the surplus spaces
are within 500 feet of the development leasing such spaccs or within 1,200 feet of the
is earlier. When the development that contains the surplus parking changes to a use that
requires additional parking, such use shall not receive a building permit or occupational license
until the city receives documentation that a parking shortfall has not been created for any other
use that may have been utilizing the surplus parking.
Sec. 130-192. - Under-utilized parking spaces.
When a building or development contains required parking spaces that are being under-
utilized, such spaces may be leased to utilized by another party_ However such under-utilized
spaces shall not be considered as required parking spaces of the-lessee another party. In order
to determine if a development has under-utilized spaces, the applicant shall submit an-anal a
report to the planning and zoning director substantiating this finding. The director shall may
approve or deny the report request, and any subsequent request for modification based upon
the - - - - 's -. _- __ •• - - - . . - -- results of the annual report.
ARTICLE IX. -VALET AND TANDEM PARKING
Sec. 130-251. - Requirements.
(a) Commercial parking garages and lots may consist of 100 percent valet parking spaces.
Required parking for commercial establishments, hotels, hotel accessory uses, multi-family
residential buildings, residential accessory uses, and alcoholic beverage establishments
may be satisfied by providing 100 percent valet parking spaces. If the parking spaces are
located off-site, they shall comply with the requirements of section 130-36 in order to satisfy
minimum parking requirements. However In addition, any required parking valet spaces for
a multi-family residential building shall be governed by a restrictive covenant, approved as
to form by the city attorney's office and recorded in the public records of the county as a
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covenant running with the land, stipulating that a valet service or operator must be provided
for such parking for so long as the use continues.
(b) Dimensions for valet and tandem parking spaces shall be eight and one half feet 8.5 feet
depth-in width by 16 feet width in depth. Dimensions for tandem parking spaces shall be a
minimum of 8.5 feet in width by 32 thirty-two feet in depth, with a maximum stacking of two
vehicles per space. - - e- _ _ - - _ _ -__ -- .
(c) Tandem parking spaces may be utilized for self-parking only in multi-family residential
buildings and shall have a restrictive covenant, approved as to form by the city attorney's
office and recorded in the public records of the county as a covenant running with the land,
limiting the use of each pair of tandem parking spaces to the same unit owner.
(d) Commercial parking garages and lots may utilize tandem parking spaces if they are
operated exclusively by valet parking. A restrictive covenant, approved as to form by the
city attorney's office and recorded in the public records of the county as a covenant running
with the land, shall be required and shall affirm that a valet service or operator must be
provided for such parking for so long as the tandem parking spaces exist.
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 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. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 17 day of September , 2016.
,--7,•;‘,::/
d01 13 "'s MAYOR ' `'
4 ..,,,ATTEST: �Cti , ,
ORATED ;
CITY CLERK ' APPROVED AS TO
F RM AND LANGUAGE
''n,RCH 26"',;, FOR EXECUTI N
City Attorney; 1V1 Date
First Reading: July 13, 2016
/9961' i- "
Second Readin : September 27, 2016
Verified by:
Thomas R. Moon y, AICP
• Planning Director
Underscore denotes new language
denotes removed language
Underscore denotes new language added at 2nd Reading
T:\AGENDA\2016\September\Planning\Sep 27\Off-Street Parking Amendment-2nd Read ORD FINAL.docx
21 of 21
Ordinances - R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 27, 2016
4:01 p.m. Second Reading Public Hearing
SUBJECT: OFF-STREET PARKING REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE I, "IN
GENERAL," ARTICLE III, "DESIGN STANDARDS," ARTICLE V, "FEE IN LIEU OF
PARKING PROGRAM," ARTICLE VI, "PARKING CREDIT SYSTEM," ARTICLE
VII, "SURPLUS AND UNDER-UTILIZED PARKING SPACES," AND ARTICLE IX,
"VALET AND TANDEM PARKING", BY AMENDING AND CLARIFYING
STANDARDS AND PROCEDURES FOR OFF-STREET PARKING
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
On September 10, 2014, the City Commission updated the "Fee in Lieu of Parking" from
$35,000 to $40,000 per parking space, in order to reflect changes in property values and
consumer price indexes as required by Section 130-132 (d) of the City Code. In conjunction
with this modification, the City Commission referred a discussion item to the Land Use and
Development Committee pertaining to the current off-street parking requirements in Chapter
130 of the City Code.
On May 27, 2015, the Land Use and Development Committee discussed the item and directed
the Administration to prepare a draft Ordinance, to be presented at the July 29, 2015 meeting.
On July 29, 2015, the Land Use and Development Committee continued the item to the
September 9, 2015 meeting.
On September 9, 2015, the Land Use and Development Committee continued the item to the
November 18, 2015 meeting. The November 18, 2015 Land Use and Development Committee
meeting was cancelled, as was the December 2, 2015 meeting. On January 20, 2016, the item
was continued to February 17, 2016. On February 17, 2016 the item was continued to a date
Page 34 of 692
certain of April 20, 2016.
On April 20, 2016, the Land Use Committee discussed the proposal and recommended that the
City Commission refer the proposed ordinance to the Planning Board for consideration and
recommendation.
On May 11, 2016 the City Commission referred the subject ordinance (Item C4G) to the
Planning Board for consideration and recommendation. The sponsor of the Ordinance is
Commissioner Michael Grieco.
The attached draft ordinance proposes modifications to Chapter 130 that simplify and clarify
existing procedures and standards for off-street parking. The changes proposed in the draft
ordinance do not modify or affect the number of off-street parking spaces required within each
of the City's Parking Districts, but does include a number of grammatical and scrivener's error
corrections, as well as the following non-substantive changes:
• Augmenting text descriptions of the various parking districts with maps.
• Clarifying and simplifying the procedures and requirements related to providing required
parking spaces off-site, including a definition for distance measurement.
• Clarifying and simplifying minimum parking space dimension requirements.
• Clarifying when fees in lieu of providing required parking are assessed and that such fees
have been incorporated into the fee schedule (Appendix A) of the Land Development
Regulations.
• Updating obsolete reference citations.
The proposed ordinance also includes changes, which are designed to further clarify, streamline
and simplify the application and administration of chapter 130. Attached is a side-by-side
comparison of these proposed modifications.
The Land Use Committee also recommended that Section 130-132(c) be modified to allow for
the removal of parking spaces required for a building in the architectural district or a local historic
district constructed after October 1, 1993, if a change in said building results in a net reduction
of required parking spaces. The revised language has been included in the attached draft
ordinance.
PLANNING BOARD REVIEW
On June 28, 2016, the Planning Board (by a 5-0 vote) transmitted the proposed ordinance
amendment to the City Commission with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on July 13, 2016. During the discussion
at First Reading, the Commission requested that the Administration provide a current summary
of underutilized parking facilities in the City.Attached is a list of currently operating underutilized
parking lots and structures in the City.
On September 14, 2016, the City Commission discussed the proposal at Second Reading and
continued action to a date certain of September 27, 2016 in order to have time to review
suggested amendments to Sec 130-36 pertaining to off-site parking facilities. As noted in the
conclusion below, the proposed amendment would expand the distance for providing off-site
Page 35 of 692
parking facilities from 500 feet (non-historic districts) and 1200 feet (historic districts) to an
across the board 1500 feet. Additionally, for changes in use, a `lease' has been introduced as a
connection option, in addition to unity of title and covenant in lieu of unity of title.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance with the
following amendment to Sec. 130-36 (in bold double underscore):
Sec. 130-36. - Off-site parking facilities.
(a) All parking spaces required in this article shall, shall be provided on a self-park
basis or valet parking basis in accordance with section 130-251. and shall be located on
the same lot with the building or use served, or offsite if one of the following conditions is•met: .. • -•- - . • - - - - -•• -- . - ee -- - - - -
valet basis as per section 130 35. The distance separation shall be measured by
whcrc the parking lot or garage is locatcd.
(1) The parking is within a distance not to exceed-172001.500 feet of the property
with the use(s). if located in the architectural district or a local historic district.
(2) The parking is within a distance not to exceed-500-1,500 feet of the property
with the use(s). when the use is not located in the architectural district or a local historic
district.
The foregoing distance separation shall be measured by following a straight line from
the properly line of the lot on which the main permitted use is located to the property line
of the lot where the parking lot or garage is located.
(b) Where the required parking spaces are not located on the same lot with the building
or use served and used as allowed in section 130-32, a unity of title or for nonadjacent
lots, either a unity of title or a rcstrictivo covenant in lieu of unity of title for parking
unification shall be prepared required for the purpose of insuring that the required
parking is provided. Such unity of title or restrictive covenant shall be executed by
owners of the properties concerned, approved as to form by the city attorney, recorded in
the public records of the county as a covenant running with the land and shall be filed
with the application for a building permit. Alternatively, for a change of use in an
existing building. a lease for the purpose of insuring that the required parking for
the new use is provided may be utilized, in accordance with the following:
(1) The subject lease shall be executed by the owner of the properties
providing the required parking and the user of the required spaces:such lease to
be approved as to form and necessary minimum requirements by the city
attorney.
(2) The required parking spaces provided off site shall be for the sole use of the
user of the spaces and shall not be available for underutilized parking or
subleased to a third party. Subleases of any kind shall be prohibited.
(3) All required parking spaces provided on the off-site properties shall be
Page 36 of 692
dedicated and clearly marked for the user of the establishment 24 hours a day. 7
This hour days a week. dedicated s 24 ou ded Gated use requirement shall be an explicit term in
the lease agreement.
(4) The exact location of the required spaces provided off-site shall be clearly
delineated on site and floor plans. prepared by a registered architect or engineer.
and shall be incorporated into the lease as an exhibit.
(5) A copy of the renewal of all leases shall be provided to the City within 60 days
of such renewal. In the event the terms of a lease should change, such changes
shall be approved as to form and necessary minimum requirements by the city
attorney.
(6) The lease shall be for at least a minimum of a calendar year.
(7) The lease shall require that the tenant and landlord notify the City of
Miami Beach Planning Department of early termination of the parking leasehold.
FINANCIAL INFORMATION
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.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Michael Grieco
ATTACHMENTS:
Description
❑ Underutilized Parking Summary
❑ Ordinance
❑ Side by Side Comparison
Page 37 of 692
UNDER-UTILIZED PARKING LOTS CITYWIDE
File# 1 Address :No. of Spaces
10711401 Alton Road 13
1101515-541 Jefferson Avenue 34
11111501-11 Alton Road 81
112404 Washington Avenue 15
1131930 Washington Avenue 29
114_1446 Collins Avenue 1 14
118;1680 Michigan Avenue 150
1201458 Ocean Drive --� 26
1221 1557 Washington Avenue 350
I - 1191111 Lincoln Road , 50
126 - —_
''•2201 Collins Avenue ; 100 ,
127 1424 Drexel Avenue -.1 37
1 1281 4025 Pinetree Drive- �— - — ! 90
r129'1248 Washington Avenue
..._ 29
130130141st Street� 50_- I
132!1050 4th Street 67
134 621 Alton Road 10
135 2401 Pinetree Drive —_~ , 30
—�-136500-520 Collins Avenue j 137
—-
137 1501 Collins Avenue i 220 1
138 1200 Lincoln Road � 20
1394101 Ocean Drive 88
140 1621 Pennsylvania Avenue — 23
�
141,555 Washington Avenue - {- 60
142110014th Street/1000 5th Street I 50
14311458 Ocean Drive/1437 Collins Avenue _ 7 _
14411451 Ocean Drive 45 _
145 211-231 29th Street 52
146 6772-6812 Collins Avenue 4.48_
147 1701 Washingto Ave/1702 James Ave 8�
148 1701 Alton Rd 32
149 119 Washington Ave �� — 53
150 4101 Pine Tree Dr 30
151 6635 Harding Ave 40
152 4035 Sheridan Ave 59
153 650 Alton Road _ i _ 83 —
154 630 Alton Road _ 90
_ 155 1500 Lenox Avenue 20
156 1261 20th Street ± 16
157 428 West 40th Street 41
158 237 20th St/2000 Collins Avenue _ 91
160 100 Lincoln Rd _ __ 36 µ
161 1801 Alton Road 52
162 1530 Alton Road _ 15
163 2400 Pinetree Drive 60
1641035-1041 Washington Ave 22
165 414 71st St Page 38 of 69219
166 1435 Alton Road 5
167 910 Pennsylvania Ave- — 26
Side-by-Side Comparison of the Proposed Modifications to Chapter 130:
Current Code Proposed Ordinance
Variance prohibition for required parking Re-stated in Sec. 130-30
currently located in Sec. 118-353
Required parking spaces cannot be Non-conforming parking spaces can also be
removed except to accommodate trash removed
rooms or ADA requirements
When multiple parking reductions apply, Multiple reductions would be calculated in the
the code does not establish an order of the order they appear in the code
reductions
Fractional parking credits or reductions are Fractional parking credits or reductions are
not specifically addressed rounded down to the nearest whole number
Signage for accessory uses in parking Parking garage accessory use signage
garages are limited to 10 square feet per requirements are subject to the regulations of
use Chapter 138 (signage)
Temporary Parking Lot Time Frames: Temporary Parking Lot Time Frames:
3 year initial approval; 3 year initial approval;
Up to a 2 year extension by Planning Up to 2 year extension by Planning Board.
Board; Max Time: 5 Years
Up to 5 separate 1 year extensions by
• Planning Director.
Max Time: 10 Years
Landscaping requirements listed in the Landscaping requirements moved to Chapter 126
temporary and provisional lot standards (Landscaping)
Fee in Lieu of parking shall be evaluated Fee in Lieu of parking shall be evaluated yearly
yearly based on CPI by the Planning based on CPI by the City Commission
Director, and considered by the City
Commission
Parking credits issued for buildings built Parking credits issued for the prior use based on
before October 1989 based on parking current code
code from 1989
Current code does not address a mixture Clarifies that a project can use a mixture of
of parking credits and parking spaces used parking credits and parking on-site to satisfy
to satisfy required parking required parking
Underutilized parking lots and garages are Underutilized parking lots and garages would be
required to submit annual reports required to submit an updated report only when
there are changes proposed
Current code lacks clarity as it pertains to Clarifies the minimum distance requirement, size,
requirements for valet and tandem parking and restrictive covenants required for valet and
spaces tandem spaces
Page 60 of 692