2016-4043 Ordinance ORDINANCE NO. 2016-4043
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
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 CREATING A NEW SUBSECTION (D),
WHICH ESTABLISHES ELIGIBILITY REQUIREMENTS FOR SHORT-
TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL
UNITS IN NORTH BEACH; LIMITING THE ELIGIBILITY TO THOSE
PROPERTIES FRONTING HARDING AVENUE FROM THE SOUTH
SIDE OF 73RD STREET TO THE NORTHERN BOUNDARY OF THE
CITY; BY ESTABLISHING CONDITIONS PRECEDENT BEFORE A
PROPERTY OWNER IS LEGALLY AUTHORIZED TO ENGAGE IN
SHORT-TERM RENTALS; AND REQUIRE THE PROPERTY TO BE
FULLY RENOVATED AND RESTORED IN ACCORDANCE WITH
THOSE DELINEATED STANDARDS SET FORTH IN SUBSECTION
(d)(1), WHICH MUST BE ACCOMPLISHED PRIOR TO THE ISSUANCE
OF THE BUSINESS TAX RECEIPT PERMITTING SHORT-TERM
RENTALS; 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, the City desires to amend existing regulations pertaining to the short-term
rental of apartments and townhomes in RM-1 Zoning Districts; and
WHEREAS, the amendment will regulate those properties located in North Beach,
specialist fronting Haring Avenue from the south side of 73rd street to the Northern boundary of
the city; and
WHEREAS, the City has determined that there is a potential for harm should transient
rentals are permitted without appropriate regulations to protect adverse eternal effects of such
an intensive use; and
WHEREAS, the condition, requirements and regulations set forth in this amendment are
consistent with, and further the public health, safety and welfare of the City and its residences
and visitors.
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 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.
(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:
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(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 registered with the city for the payment of resort tax, or made resort tax
payments as of January 1, 2016; and
(ii) Have 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 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 must 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.
(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:
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(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, seven days a week.
(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.
(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
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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.
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(8) Resort taxes. Owners are subject to resort taxes for rentals under this section, as
required by city law.
(9) Association rules. Where a condominium or other property owners' association has
been created that includes the rental property, a letter from the association dated not
more than 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) Eligibility within North Beach. Properties that have buildings classified as "con rib in." in
he No h Shore Na ional Re•ister His oric Dis ric and are zoned RM-1 in North' Beach may
be eligible to apply for approval of a certificate of use permitting short-term rental of
apartment and townhome residential units. Eligibility set forth herein, is limited to those
properties fronting Harding Avenue, including buildings and properties located east of
Harding Avenue and west of the alley, from the City Line on the north, to 73rd Street on the
south, and may be eligible for short-term rentals, provided, the following conditions,
requirements, and provisions are satisfied:
(1) Short-term rentals, for those buildings classified as "contributing" in the North Shore
National Register Historic District, must 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, prior to the issuance of a Business Tax Receipt permitting short-term
rentals at the Property.
f/ Apartment buildings, townhomes or condominiums under the same City of Miami
Beach Resort Tax ("resort tax") account must demonstrate current and consistent short-
term renting, and the property must comply with all of the following:
(A) Have registered with the city for the payment of resort tax, or made resort tax
payments; and
(B) Have registered, with the State of Florida as a transient apartment or resort
condominium pursuant to Chapter 509, Florida Statutes.
Property owners demonstrating compliance with subsection (d) above, must apply
for a certificate of use permitting short-term rental, or be deemed ineligible to proceed
through the process specified herein for legalization of short-term rentals.
Eligible property owners must 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.
Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code must be demonstrated proper to the issuance of the
certificate of use, or rights to engage in short-term rental under this subsection shall be
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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.
(fin The short-term rental use requires at least a seven-night reservation.
(8 (7) In the event a building approved for short-term rentals in accordance with this
subsection, 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:
4K81 Regulations. For those properties eligible for short-term rental use as per (d) may
be permitted to engage in short-term rentals, provided that the following mandatory
requirements are followed:
(A) Approvals required: applications. Property owners 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 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 below, if applicable.
a The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of$1,000.00.
(C)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.
(D) 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
500 feet of the property that is engaaed in
short-term rental pursuant to subsection (d). 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.
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(E) Entire unit. 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.
(F) A property owner of an apartment building, townhome or condominium must provide
written notification to those long-term tenants (prospective or current tenants with
leases of six (6) months and one (1) day or longer), providing affirmative notice that
short-term rentals are expressly permitted throughout the building or at the premises.
(G)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.
(H) 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.
DI 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.
Resort taxes. Property owners are subject to resort taxes for rentals under this
section, as required by city law.
(K) 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 (d) above, are not prohibited
by the association's governing documents, shall be submitted to the city as part of
the application.
Q Variances. No variances will be granted from the requirements of this section.
(d)Lei Enforcement.
(1) Violations of Subsection 142-1111(a), shall be subject to the following fines. The
special master shall not waive or reduce fines set forth herein.
A. If the violation is the first violation: $20,000.00.
B. If the violation is the second violation within the preceding 18 months: $40,000.00.
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C. If the violation is the third violation within the preceding 18 months: $60,000.00.
D. If the violation is the fourth violation within the preceding 18 months: $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 city may seek an injunction by a court of
competent jurisdiction to enforce compliance with or to prohibit the violation of this
section.
(3) Any code compliance officer may issue notices for violations of this section, with
enforcement of subsection 142-1111(a), and alternative enforcement of subsection
142-1111(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.
(4) 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-
1111(a), 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):
(1) 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.
(b) If the offense is a second offense within the preceding eighteen (18) month
period of time, and the total square footage of all building(s), accessory
building(s), dwelling(s) or structure(s) exceed 5,000 total square feet, then the
Special Master must impose an additional fine of$25,000.00.
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(c) 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.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this;' ' 41 c ,L -✓ , 2016.B
•i IL NS, •• OR
ATTEST: INCORP ORA Eu.•
9 T
♦i 9� �., APPROVED AS TO
•1� FORM &LANGUAGE
/� r1 1�1'j-�' . &FOR EXECUTION
RAFAEL E. GRANAD , CI CLERK
Underline denotes additions 1I � I/ r0// )//
S#+kethrough denotes deletions City Attorney ik Date
Double underline denotes additions after First Reading
denotes deletions after First Reading
(Sponsored by Vice-Mayor Michael Grieco and Co-Sponsored by
Commissioners John Elizabeth Aleman and Ricky Arriola)
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Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
10:30 a.m. Second Reading Public Hearing
SUBJECT: SHORT-TERM RENTALS ON HARDING AVENUE NORTH BEACH:
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
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 CREATING A NEW SUBSECTION
(D), WHICH ESTABLISHES ELIGIBILITY REQUIREMENTS FOR SHORT-TERM
RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS IN NORTH
BEACH; LIMITING THE ELIGIBILITY TO THOSE PROPERTIES FRONTING
HARDING AVENUE FROM THE SOUTH SIDE OF 73RD STREET TO THE
NORTHERN BOUNDARY OF THE CITY; BY ESTABLISHING CONDITIONS
PRECEDENT BEFORE A PROPERTY OWNER IS LEGALLY AUTHORIZED TO
ENGAGE IN SHORT-TERM RENTALS; AND REQUIRE THE PROPERTY TO BE
FULLY RENOVATED AND RESTORED IN ACCORDANCE WITH THOSE
DELINEATED STANDARDS SET FORTH IN SUBSECTION (D)(1), WHICH MUST
BE ACCOMPLISHED PRIOR TO THE ISSUANCE OF THE BUSINESS TAX
RECEIPT PERMITTING SHORT-TERM RENTALS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
On January 13, 2016, at the request of Commissioner Michael Grieco, the City Commission
referred this request to the Land Use and Development Committee (Item C4H). The item was
discussed at the February 17, 2016 Land Use Committee meeting, at which time the Committee
directed the Administration to re-draft and modify the proposed ordinance for the March 30,
2016 meeting.
On March 30, 2016, the Land Use Committee recommended that the City Commission refer the
Page 770 of 1614
draft ordinance to the Planning Board with the following modifications:
a. Only properties with a 'contributing' structure shall be eligible;
b. There may be a mix of short and long term rental units within a building, provided that long-
term lease tenants are notified when short-term rental units are occurring in a building;
c. To allow for up to a three-year renovation period for the structure;
d. To permit management of the property from within the district;
e. To allow for an open application window for short term rentals.
On April 13, 2016, the City Commission referred the item to the Planning Board (Item C4K) in
accordance with the following:
• Modify the minimum building renovation requirement to take place prior to the issuance of a
CO or BTR.
• Provide mail notice to residents of Harding Avenue.
• Notify the administration at Biscayne Elementary School.
The RM-1 zoning district prohibits transient uses (rentals for periods of less than six months and
one day) such as hotels and short-term rentals. Limited exceptions to this rule exist within the
Flamingo Park, Espanola Way, and Collins Park Local Historic Districts, which allow for short-
term rentals under certain circumstances. Additionally, the RM-1 district allows for hotel uses in
the area affected by the proposed ordinance, as follows:
Sec. 142-152. - Main permitted uses.
The main permitted uses in the RM-1 residential multifamily, low density district are single-family
detached dwelling; townhomes; apartments; hotels, for properties fronting Harding Avenue or
Collins Avenue, from the City Line on the north, to 73rd Street on the south; and bed and
breakfast inn (pursuant to article V, division 7 of this chapter).
The North Shore National Register District is an area of North Beach that is listed in the National
Register of Historic Places, and includes the area of Harding Avenue noted above. As the area
is not a locally designated historic district, incentives are used to encourage the restoration of
contributing structures within the National Register District. In areas and situations where short-
term rentals are permitted, it is required that buildings be renovated and restored.
In order to encourage the rehabilitation of contributing structures in one of the most significant
portions of the North Shore National Register District, the proposed ordinance would allow for
the short term rental of apartment units, under specific regulations and requirements. Since the
affected area already permits hotels, the proposed modification is not expected to create
detrimental impacts.
PLANNING BOARD REVIEW
On May 28, 2016, the Planning Board continued the item to the June 28, 2016 meeting. 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. The Planning Board also
recommended that subsection (d)(6) be stricken, as it overlaps with subsection (d)(9)D in terms
of onsite management.
UPDATE/SUMMARY
On July 13, 2016, the City Commission approved the attached Ordinance at First Reading and
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set a Second Reading Public Hearing for September 14, 2016. The Commission also approved
the following amendments, which have been included in the draft Ordinance for Second
Reading:
1 . Eligibility within North Beach. Properties that have buildings classified as
"contributing" in the North Shore National Register Historic District, and are zoned RM-1
in North Beach may be eligible to apply for approval of a certificate of use permitting
short-term rental of apartment and townhome residential units. Eligibility set forth herein,
is limited to those properties fronting Harding Avenue, from the City Line on the north, to
73rd Street on the south, and may be eligible for short-term rentals, provided, the
following conditions, requirements, and provisions are satisfied:
2. Include a Property Manager for the corridor.
The proposed legislation has been updated to address the aforementioned amendments.
On September 14, 2016, the item was opened and continued to a date certain of October 19,
2016. The Commission requested that 'eligible' properties include buildings located to the east
of Harding Avenue and to the west of the alley, to address buildings that originally had frontage
on Harding Avenue. This change has been incorporated into the revised draft of the Ordinance
for Second Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
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 & Co-Sponsored by Commissioners John Elizabeth Aleman & Ricky
Arriola
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