Ordinance 2019-4305A cce sso ry D w e lli n g U nits (A D U ) - Lan d D eve lo pm ent R e g u la ti on s
O R D IN A N C E N O . ------
20 19-4305
A N O R D IN A N C E O F T H E M A Y O R A N D C ITY C O M M IS S IO N O F
T H E C IT Y O F M IA M I B E A C H , F L O R ID A , A M E N D IN G T H E C O D E
O F T H E C IT Y O F M IA M I B E A C H , S U B P A R T B , E N T IT L E D "LA N D
D E V E L O P M E N T R E G U LA T IO N S ," B Y A M E N D IN G C H A P T ER
114 O F T H E C IT Y C O D E , E N T IT LE D "G E N E RA L PR O V IS IO N S ,"
S E C TI ON 114-1, EN TI TL E D "D E F IN IT IO N S ," TO ES T A B LI S H A
D E F IN IT IO N FO R "A C C E S S O R Y D W E LLI N G U N IT " A N D
R E M O V E T H E D E F IN IT IO N O F "G U E S T /S E R V A N T S
Q U A R T E R S "; A M E N D IN G C H A P T E R 142 , EN T IT L E D "Z O N IN G
D IS T R IC T S A N D R E G U LA T IO N S ," A R TIC LE IV , EN T IT L ED
"S U P P L E M E N T A R Y D IS T R IC T R E G U L A TIO N S ," D IV IS IO N 2,
E N T IT L E D "A C C E S S O R Y U S E S ," SECTION 14 2-9 0 5, EN TI T LE D
"P E R M IT T E D A C C E S S O R Y U S E S IN S IN G L E -F A M IL Y
D IS T R IC T S ," T O R E P L A C E G U E S T /S E R V A N T S Q U A R T E R S
W IT H A C C E S S O R Y D W E L LI N G U N IT A S A N A L LO W A B LE
ACCESSORY USE FOR SINGLE-FAMILY DISTRICTS, AND
PROVID E STANDARDS FOR THEIR DEVELOPMENT AND
LEASING; AND AMENDI NG CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVI SI ON 4,
ENTITLED "SUPPLEMENTARY YARD REGULATIONS,"
SECTI ON 142-1132, ENTI TLED "ALLOWABLE
ENCROACHMENTS WITHIN REQUIRED YARDS," TO ALLOW
FOR ACCESSORY DW ELLING UNITS AS AN ALLOWABLE USE
IN ACCESSORY BUILDINGS AND MODIFY TH E
MEASUREMENT OF HEIGHT FOR ACCESSORY BUILDINGS;
AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERA BILITY, AND AN EFFECTIVE DATE.
W HEREAS, th e La n d U se an d H ou s in g E le m e nts of the M iam i Be a ch C om p re hen sive
P la n in c lu d e po lici e s to in c e n tiv iz e the de ve lop m ent and rete n tion of w o rkfo rce and aff o rd ab le
ho u s in g ; a n d
W HEREAS, th e C ity of M ia m i B e a ch (th e "City") find s tha t there is a sh o rt age of aff ord ab le
re n ta ls w ith in th e C ity lim its; a n d
W HEREAS, a n "a c ce sso ry dw e llin g un it" is an inde p e nd en t livin g qua rt e r that is acce ssory
to a sin g le -fam ily de ta c h e d dw e llin g ; a n d
WHEREAS, th e C ity of M ia m i Be a c h fin d s that allo w ing ac ce ssory dw e lling un its in sin gle -
fa m ily re sid e n tia l a re a s , su b je ct to ce rt a in sp e cifie d co nd ition s, pro vid e s add itio n a l hou sin g
o p p o rt un itie s , in c lu d in g w o rkfo rce an d aff o rd ab le ho using , w h ile pro viding an extra so u rce of
in c o m e to ho m e o w n e rs; a n d
W HEREA S, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," section 114-1, entitled
"Definitions," is hereby amended as follows:
CHAPTER 114
GENERAL PROVISIONS
* * *
Dwelling unit. accessory (ADU) means an independent living quarter that is accessory to a
single-family detached dwelling. The ADU can be in an accessory building or attached to the
single-family detached dwelling.
* * *
Guest/servants quarters means living quarters within a detached or semi detached accessory
building located on the same lot with the main building for use by temporary guests or servants
of the occupants of the premises. Such quarters shall not have separate utility meters, shall not
be rented or otherwise used as a separate dwelling or have cooking facilities except as set forth
in section 142 905.
SECTION 2. Chapter 142, entitled "Zoning Districts and Regulations," Article IV, entitled
"Supplementary District Regulations," Division 2, entitled "Accessory Uses," Section 142-905,
entitled "Permitted accessory uses in single-family districts," 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.
* * *
(b) Permitted accessory uses. The following are permitted accessory uses in single-family
districts:
* * *
(2) The planning and zoning director may appro ve a second set of cooking facilities if the
re s id e n c e co n ta in s a t le a s t 3 ,6 0 0 s q u a re fe e t o f floor area and the arrangement of such
facilities or conditions at the property shall not result in the creation of an apartment unit.
N o m o re 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. Any appeal
p p eal of the director's decision shall be to the board of adjustm ent. This lim itat ion Th e
restrictions set forth in this subsection (b )2 ) sh all not apply to an accessory dwelling unit
(ADU).
(3) Gue st/ser van ts quarters. An accessory dwelling unit (ADU) is permitted pursuant to the
following requirements:
ª-.:. Maximum number. No more than one (1) ADU shall be permitted per single family
lot.
º-'- Maximum area. The area of an ADU shall be included in the overall unit size
calculation for the site. In no instance shall the total size of the ADU exceed 10
percent of the size of the main home on the subject site, or 1,500 square feet,
whichever is less.
c. Minimum area. An ADU shall be a minimum of 200 square feet. However, this
minimum standard shall not authorize an ADU to exceeding the maximum area
identified in subsection (e) (b)3)b., above. If the minimum area requirement of 200
feet exceeds the maximum area requirement pursuant to subsection (b)(3)b., an
ADU shall be prohibited on the site.
d. Existing accessory structures. For existing accessory structures, built prior to
January 1,2019, the aforementioned maximum and minimum areas shall not be
applicable to an ADU, unless the unit is expanded in size.
e. Location. An ADU may be attached to the primary residence with a separate
entrance that is not visible from public rights-of-way, subject to the any limitations fer
on the primary structure ef as set forth in the Land Development Regulations.
Additionally, the home entire site shall_maintain the external appearance of a single-
family home. Alternatively, an ADU may be located in an accessory building, subject
to the requirements and limitations for accessory buildings in single family districts
identified in sub-section 142-1132(a)(2).
f. Kitchens An ADU may contain a full kitchen facility.
g. Utilities A separate electric meter may be provided for an ADU.
h. Lease. Any lease lease of an ADU shall be subject to the following requirements:
1 Unless otherwise provided herein, the The use of an_ADJ en g property thgt is
gt own er occ up i e d shall be limited to the use of the family occupying the primary
dwelling, temporary guests, or servants of the occupants of the primary dwelling,
and shall not be rented or leased.
2. The lease lease of an ADU to a family unrelated to the family occupying the
primary dwelling unit shall only be permitted within an ADU that was issued a
certificate of occupancy on or before October 26, 2019 and shall only be
permitted on properties that are owner-occupied and located between Dade
Boulevard on the south and Pine Tree Drive Circle on the north. Each year.
Prof evi dence of a pro pert y's hom estead exem ption shall be pro vided to the
planning director. subject to the director's approval, in order to confirm the
property's eligibility for the rental of an ADU gnd maintained gn the property._ If
a property ceases to be own er-occupied, the renewal of a lease for an_AD shall
be prohibited, and residents of the ADU shall vacate the premises upon
termination of the lease. It shall be the responsibility of the applicant to notify the
City if of any change to the status of a the property's hom estead exemption
ghgng@es_
3. The lease Lease fan_AD U to a family (as defined_in_section 114-1)_unrelated
to the family occupying the primary dwelling unit for a period ~ less than six
months and one day, including extensions for lesser periods of leases permitted
under this subsection (b)(3)b. to original leaseholders, shall be prohibited.
4. Property owners seeking to allow for the lease of an ADU unit to a family
unrelated to the family occupying the primary dwelling unit must obtain all
applicable fire and building permits, and a certificate of use, gd busin ess tax
receipt (B TR) as applicable, permitting the lease of the AD J, subject to the
requirements listed above. The application shall provide proof of compliance with
the requirements of this subsection (b)(3). Additionally, the applicant shall
provide an affidavit agreeing to and affirming their the applicant's understanding
of the requirem ents tg lease the_ADJ in this subsection (b)3).
5. A violation /ioglgtign of these requirements shall be subject to the enforcement
and enhan ced penalty standards provisions for leases of single-family homes
described set forth in subsection 142-905(b)5)
6. Tracking. The planning director shall maintain a database of all approved ADUs
in the city. including statistics relating to the number of certificates of use issued.
and any violations issued pursuant to this subsection (b)(3).
* * *
SECTION 3. Chapter 142, entitled "Zoning Districts and Regulations." Article IV, entitled
"Supplem entary District Regulations," entitled Division 4, "Supplem entary Yard Regulations,"
Section 142-1132, entitled "Allowable Encroachments Within Required Yards," is hereby
amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE IV. - SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 4. - SUPPLEMENTARY YARD REGULATIONS
* * *
,1
S ec. 14 2-113 2.- A llo w ab le encroachm ents w ithin req u ired yards.
* * *
(2) In single-family districts the following regulations shall apply to accessory buildings
within a required rear yard:
a. Lot coverage. Accessory buildings that are not a part of the main building, shall be
included in the overall lot coverage calculations for the site, and may be constructed
in a re a r ya rd , pro v id e d su c h a c cessory building (or accessory buildings) does not
o cc u p y m o re tha n 2 5 pe rce n t of the a re a of th e re q u ire d re a r ya rd . A rea s enclosed
by sc re e n sh a ll be in c lu d e d in the co m p u ta tio n of a re a o c cu p ie d in a re q u ire d re a r
ya rd lo t bu t a n o p e n un co v e re d sw im m in g po o l sh a ll no t be in c lu d e d .
b . Size. T he are a of a cce sso ry bu ild in g s sh a ll be in c lu d e d in th e ov e ra ll un it siz e
ca lc u la tio n fo r th e site . In no in sta n c e sh a ll the to ta l siz e of a ll ac ce sso ry bu ild in g (s )
ex ce e d te n pe rce nt of th e siz e of the m a in ho m e o n the su b je ct site , or 1,5 0 0 sq u a re
fe e t, w h ic he v e r is le ss.
c. Two-story structures. T he se co n d flo o r of a n acce sso ry bu ild in g sh a ll no t exce e d 50
pe rce n t of the fi rst flo o r are a .
d . Building separation. A cce sso ry bu ild in g s sh a ll be se p a ra te d fro m th e m a in ho m e by
a m in im u m of fiv e fe e t. op e n to th e sky w ith no ove rhe a d co n n e ctio n s .
e . Setbacks.
1. Single story. A sin g le sto ry a cce sso ry bu ild in g sh a ll no t be lo cate d clo se r th a n
se v e n an d o n e -ha lf fe e t to a n in te rio r re a r o r in te rio r sid e lo t lin e , an d 15 fe e t
w he n fac in g a stre e t. W h e n fa c in g a w a te rw a y , the m in im u m re a r se tba c k sh a ll
no t be le ss tha n on e -h a lf of the re q u ire d re a r se tb a c k .
2 . Two-story. A tw o -sto ry a cce sso ry bu ild in g sh a ll no t be lo ca te d cl o se r tha n te n
fe e t to a n in te rio r sid e lo t lin e , o r the re q u ire d sid e ya rd se tb a c k, w h ic h e v e r is
g re a te r, 15 fee t w he n fa c in g a stre e t, a n d a re a r se tb a c k of 15 fe e t. W he n fa ci n g
a w a te rw a y , the m in im u m re a r se tb a c k sh a ll no t be le ss tha n o n e -ha lf of th e
re q u ire d re a r se tb a c k, o r 15 feet, whichever is greater.
f. Height. A cce s so ry bu ild in g s sh a ll be lim ite d to tw o stories. Height for accessory
bu ild in g s sh a ll be m e a su re d fr o m th e ba se flo o d elevation plus freeboard of (1) one
fo o t. T he m a x im u m he ig h t a b o v e a dju ste d gra d e sh a ll no t ex ce e d 12 fee t fo r a o n e -
sto ry stru ctu re a n d 20 fe e t fo r a tw o -sto ry structu re . T h e a llo w a b le he ig ht exce p tio n s
of S e cti o n 14 2 -11 6 1 shall no t a p p ly to a cce sso ry bu ild in g s in sin g le -fa m ily distric ts .
g . Uses. A cce s so ry bu ild in g s sh a ll be lim ite d to use s tha t a re a cce sso ry to th e m a in
us e , in c lu d in g , bu t no t lim ite d to , ga ra g e , ca rpo rt , pe rg o la , ca b a n a , ga z e b o , m a id 's
o r gu e st's qu a rt e rs o r a cce sso ry dw e llin g un its. C o m p o n e n ts of the m a in struc tu re ,
su ch a s de ta c h e d be d ro o m s o r a n y ha b itable area of the single-family structure shall
no t be co n sid e re d accessory uses.
h. Utilities. Accessory buildings may contain heating and air conditioning, washers and
d ry e rs, to ile ts, ba r sin ks a n d sh o w e rs, bu t m a y no t ha v e full kitchen facilities.
Notwithstanding the forgoing, an accessory dwelling unit may have a full kitchen
fa c ility . A n outdoor built-in barbecue grill or sim ilar cooking equipm ent shall be
a llo w e d a s a n a c c e s s o ry u s e , a s m a y b e p e r m itt e d b y th e fi r e m a r s h a l a n d in
a c c o r d a n c e w it h th e re g u la t io n s c o n t a in e d in a n y a p p lic a b le s a f e ty c o d e o r F lo r id a
B u ild in g C o d e .
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
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.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED th 'é _aay or lc , 20 19.
Rafael E. Granado, City Clerk
:;
:, ... ,-,
~ · .. ,, lv,
Dan Gelber, Mayor
First Reading:
Second Reading:
Verified By:
T
pl ing irec
APPROVED AS TO FORM AND cr R ê( .. vs
City Attorney [K Date
[Sponsor: Commissioner Ricky Arriola]
T:\Agenda\2019\10 October 16\Planning\Accessory Dwelling Units LDR - Adopted ORD.docx
Ordinances -R5 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2019
11:15 a.m. Second Reading Public Hearing
SUBJECT:ACCESSORY DWELLING UNITS (ADU) - LAND DEVELOPMENT
REGULATIONS
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," BY AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," SECTION 114-1, ENTITLED
"DEFINITIONS," TO ESTABLISH A DEFINITION FOR "ACCESSORY
DWELLING UNIT" AND REMOVE THE DEFINITION OF
"GUEST/SERVANTS QUARTERS"; AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, ENTITLED
"ACCESSORY USES," SECTION 142-905, ENTITLED "PERMITTED
ACCESSORY USES IN SINGLE-FAMILY DISTRICTS," TO REPLACE
GUEST/SERVANTS QUARTERS WITH ACCESSORY DWELLING UNIT AS
AN ALLOWABLE ACCESSORY USE FOR SINGLE-FAMILY DISTRICTS,
AND PROVIDE STANDARDS FOR THEIR DEVELOPMENT AND LEASING;
AND AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 4, ENTITLED "SUPPLEMENTARY YARD
REGULATIONS," SECTION 142-1132, ENTITLED "ALLOWABLE
ENCROACHMENTS WITHIN REQUIRED YARDS," TO ALLOW FOR
ACCESSORY DWELLING UNITS AS AN ALLOWABLE USE IN
ACCESSORY BUILDINGS AND MODIFY THE MEASUREMENT OF HEIGHT
FOR ACCESSORY BUILDINGS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On November 14, 2018, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item pertaining to accessory dwelling units (ADU's) in single family
Page 1326 of 2557
districts to the Land Use and Development Committee (Item C4 0). On February 20, 2019, the
Land Use and Development Committee (LUDC) discussed the proposal and recommended
that the administration draft an ordinance. The LUDC continued the item to the April 3, 2019
meeting.
On April 3, 2019, the LUDC discussed the proposed ordinances and recommended that the
City Commission refer the ordinances to the planning board. On April 10, 2019 the City
Commission referred the subject ordinances to the Planning Board (Item C4 AC).
PLANNING ANALYSIS
Accessory Dwelling Units (ADU's) are small living units that have their own kitchen and
bathroom facilities and are on the same property as a single-family home. They are often rented
out to provide a family with extra income or made available to a relative looking for additional
privacy. Such units can either be attached or detached from the home. They may also be known
as granny flats, cottage houses, or secondary dwelling units. It was popular to include such units
as part of single-family homes in the early 20th century, including within Miami Beach. However,
such units fell into disfavor after World War I I when development patterns shifted to a more
suburban style, and many cities began to prohibit them.
With rising housing costs in urban areas, many cities are reintroducing the ability to build ADU's
in single family areas. This is intended to provide housing that is more attainable to the
workforce and to provide homeowners an extra source of income which can help them maintain
their homes. Some of the cities that currently allow ADU's include: Austin, TX; Boulder, CO;
Miami, FL (certain neighborhoods — ex. Buena Vista); Minneapolis, MN; Portland, OR; and
Seattle, WA. In addition, all cities in California are required to allow for the construction of
AD U's.
City of Miami Beach
Section 142-905 of the Miami Beach Land Development Regulations (LDR's) permits
"Guest/servants quarters" as an accessory use in Single Family Districts. "Guest/servants
quarters"are defined as:
living quarters within a detached or semi-detached accessory building located on the same
lot with the main building for use by temporary guests or servants of the occupants of the
pr mises. Such quarters shall not have s^karate utility meters, shall not be rented or
otherwise used as a separate dwelling or have cooking facilities except as set forth in
section 142-905.
A separate cooking facility is only allowed when the residence contains at least 3,600 square
feet of floor area.
Many single-family homes in Miami Beach already contain guest/servant quarters, which are
similar in scale and location to ADU's.The difference between the two is that guest/servant
quarters cannot be rented out, and as such they do not provide income for homeowners, nor
housing that more attainable to the City's workforce.
Currently, the City's Comprehensive Plan includes several incentives to develop workforce and •
affordable housing in multifamily areas, such as increased density, reduced unit sizes, and
parking reductions. Allowing ADU's would be consistent and follow the same path as the
Page 1327 of 2557
previously approved incentives.
California Government Code
The State of California has gone further than the State of Florida in this regard and mandated
that all local governments in the State allow ADUs to be built in all zoning districts that allow
single-family uses. It provides for administrative approval of such units and allows local
governments to establish setbacks, lot coverage, minimum and maximum unit sizes, and other
requirements. However, it provides that parking requirements not exceed one space per unit or
one bedroom,whichever is less, and no parking if the unit is within one-half mile of public transit,
or in an historic district. It also allows for such units to be detached from the primary home or
converted from an existing garage.Additionally, the code allows a city the option of requiring
owner occupancy of either the primary home or the accessory dwelling unit.
City of Miami Zoning Ordinance (Miami 21 Code)
The City of Miami underwent a process of creating and adopting a new zoning code, known as
the Miami 21 Code, between 2005 and 2009. As part of the process, homeowners'
associations in the City were consulted to determine if they had an interest in allowing ADU's.
Several responded that they did want them, and those neighborhoods received a single-family
zoning designation that also allowed for AD U's.
The T3-L (Sub-Urban Transect — Limited) district is the single-family district that allows for
ADU's. The code provides that the ADU be a maximum size of 450 square feet, only be
ancillary to single-family residences, must be architecturally harmonious with the primary home,
that a minimum of one parking space be provided, and that any façade abutting another property
only utilize clerestory windows along that façade to ensure that a neighbor's privacy is not
impacted.Additionally, the Code requires that the principal dwelling be owner occupied in order
to be able to allow for rental of the ADU.
PLANNING BOARD REVIEW
On May 21, 2019, the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
SUMMARY
The Affordable Housing Advisory Committee recently passed a motion supporting the
legalization of accessory dwelling units within the City to encourage workforce/affordable
housing. Several cities are allowing ADUs in order to allow more housing options in light of
increasing housing costs. Staff believes that AD U's would be a worthwhile and practical tool for
addressing workforce and affordable housing in the City.
On February 20, 2019, the LUDC discussed the proposal and recommended that the
administration draft an ordinance, which provided for the following, all of which are included in
the attached amendment to the LDR's:
1. That AD U's be allowed in all single-family neighborhoods.
2. That the rental of ADU's be limited to homesteaded or owner-occupied properties.
3. That the rental of ADU's for over six months and one day.
The proposed ordinance allows for accessory dwelling units to be attached or detached from
Page 1328 of 2557
the primary home, provided it does not affect the single-family appearance of the residence.
Additionally, it provides additional size limitations for AD U's that are consistent with the existing
requirements for accessory buildings, with a minimum size requirement of 200 square feet.
Staff believes that the 200 square foot minimum proposed will be sufficient as the actual size of
the unit can be a percentage of the main home. This is the current regulation for accessory
structures and it makes sense as the main home needs to be a minimum size to have a
functional ADU.
Because such structures will be habitable,the amendment provides that the height of accessory
buildings be measured from the base flood elevation (B FE) plus a freeboard of one (1)foot, to
ensure that they are resilient to sea level rise and that they can comply with life-safety
requirements of the Florida Building Code and the City Code.
There is also a provision in the proposed ordinance that would allow for the grandfathering of
existing accessory structures, built prior to January 1, 2019, provided the ADU is not expanded
in size. All applicable development regulations, including lot size and setbacks, are addressed
within the accessory structure's development regulations.
Finally, when the City Commission referred the ordinances on April 10, 2019, direction was
given to explore the feasibility of accommodating rental periods of less than six months for
ADU's. The City Attorney has researched this and determined that rental periods of less than
six months would not be permissible under the current City code.
UPDATE
On June 5, 2019, the City Commission approved the subject ordinance at first reading, as well
as a companion Comprehensive Plan amendment,which authorizes ADUs as an accessory use
in the"Single Family Residential Category" within the Land Use Element. On July 31, 2019,the
City Commission considered the item at second reading and continued it to the October 16,
2019 meeting in order provide additional public notice and seek additional public input.
On September 23, 2019, members of the Planning Department met with the La Gorce /
Pinetree Homeowners Association (HOA). Members of the HOA suggested that an annual
review of homestead status, as well as a process for the tracking of ADUs approved by the City,
be incorporated into the ordinance to provide additional assurances that ADUs can only be
rented out on homesteaded properties. Provisions for annual review and tracking have been
incorporated into a revised LDR ordinance for second reading.
Members of the Administration and the City Attorney's Office have had discussions with the
Miami-Dade Property Appraiser's Office to determine how renting out an ADU would affect a
property owner's homestead status. For informational purposes, attached is a pamphlet issued
by the Property Appraiser regarding homestead exemptions. While a homeowner who elects to
rent out an ADU should not lose homestead status for the main home, the portion of the ADU
that is rented out may be affected. Additionally, in the event that a homeowner who has
previously rented out an ADU should seek to once again claim homestead status for the ADU,
the property owner may lose the benefits associated with the ADU's previous homestead status.
Staff from the Property Appraiser's Office will attend the public hearing should any questions
arise as to the impact of renting out an ADU on a property's homestead status.
Any homeowner concerned with the possible property tax implications or implications for a
property's homestead status should contact the Property Appraiser's Office or an independent
Page 1329 of 2557
tax professional.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Vice-Mayor Ricky Arriola
Sponsor
Planning
ATTACHMENTS:
Description
o Property Appraiser Brochure
o Ordinance
o Ad
Page 1330 of 2557
tio -. 0 1( E N LING YOUR F-I O 1�T E S T E A i)
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COUNTY
P Homestead Exemption saves property owners RENTING A PORTION OF YOUR
p R % thousands of dollars each year. Don't jeopardize PROPERTY
your Homestead Exemption by renting your
property. If you own a 2 bedroom/1 bath condo with a
Office of the Homestead Exemption and rent one room Ion
Homestead Exemption provides two key savings: January 1st or periodically as described above),
Property ► Up to a$50.000 exemption on property taxes only 50% of the property will be eligible for the
Homestead Exemption and Save Our Homes cap,
Appraiser ► And limits the increase of the assessed resulting in an increase of your property taxes.
value to a maximum of 3% per year, which is (Ref. section 193.155, F.S.)
commonly referred to as the Save Our Homes
cap. Only those portions of the property used
as the homestead are eligible for the Save RENTAL INCOME AND HOUSEHOLD
For more Our Homes cap. MEMBERS' INCOME MAY DISQUALIFY
in ormation, The following will affect your Homestead YOU FOR THE LOW-INCOME SENIOR
Exemption eligibility: EXEMPTION(S)
please call
RENTING YOUR HOME ON JANUARY 1ST To qualify for the Low Income Senior or Long
305-375-4712
Term Resident Senior Exemptions (age 65 and
When renting your home on January 1st, you older), property owners must meet the annual
mdcpa@mdcpa_net will not be eligible for Homestead Exemption adjusted gross income limits*. The rental income
www.mia.midade.gov/pa and you will lose your Save Our Homes cap. For of the property may disqualify you from both
example. if you rented your home on January 1st, Low Income Senior Exemptions. If your adjusted
0 MiamiDadePA of the current year, then you cannot receive the
Homestead Exemption and the Save Our Homes gross income, including rental income, exceeds
@MiamiDadePA statutory limits, you will lose both Low Income
cap. If the rental is terminated and you move back Senior Exemptions and your property taxes
0011-ine.4326, in by January 1st, of the following year, you must
file a new application by March 1st of that year will increase. Additionally, the income from
in order to receive a new Homestead Exemption.
persons living with you cannot exceed the sameRte_ annual adjusted gross income limits combined
(Ref. sections 193.155& 196.061, F.S.) —le qualify for the Low-Income Senior and Long-
-
.; _ .016001
RENTINGAFTER YOUR
JANUARY HOME1 PERIODICALLY Term Resident Senior Exemptions. (Ref. section
19,..iii,
6.075. F.S.)
y When renting your home after January 1st for T_
more than 30 days in two consecutive years, you
NT will be ineligible for the Homestead Exemption and
the Save Our Homes cap. For example, if you rent
your home for a total of 35 days in year one and
,r 31 days in year two, you will no longer qualify for
I.11 ` lire Homestead Exemption arnd will lose your Save Our
Homes cap. (Ref. sections 193.155 & 196.061.
F.S.)
,.. ,-.r= , w .httpa/fioridarevenue.com/property/Pages/DataPortal.aspx#uH-id-7
Failure to report the rental of your home may result in your Homestead Exemption and
the Save Our Homes cap benefit being back taxed by recording a lien on your properly.
MIAMI-DADE COUNTY
PROPERTY APPRAISER
*it
PEDRO J. GARCIA
•
PROPERTY APPRAISER
STP YOU MUST CANCEL YOUR HOMESTEAD EXEMPTION
UNDER THE FOLLOWING CONDITIONS:
•
• This property is RENTED *
• This property is NOT THE PERMANENT RESIDENCE OF THE ORIGINAL APPLICANT(S) **
• The original applicant(s) has HOMESTEAD EXEMPTION ON ANOTHER PROPERTY
• The SPOUSE of the original applicant has HOMESTEAD EXEMPTION ON ANOTHER
PROPERTY
• The original applicant(s) receives a permanent residency BENEFIT OR TAX CREDIT IN ANOTHER
STATE OR PUERTO RICO
• The original applicant(s) PASSED AWAY
• The original applicant(s) TRANSFERRED OWNERSHIP OF THE PROPERTY BY
EXECUTING A DEED BUT DID NOT RECORD IT WITH THE CLERK OF COURTS ***
e * Also,if portions of your property are rented or used for commercial purposes,you may be committing homestead fraud and you must notify us
about these conditions as they affect eligibility of the Save Our Homes benefit (Ref.196.012,F.S.)
'•Permanent residence is determined by the address listed on your driver's license,voter registration, vehicle registration,etc.(For more
information,please refer to Section 196.015,F.S.)
• *"Also applies to Non-Homestead Assessment Limitations
TO CANCEL YOUR HOMESTEAD EXEMPTION: COMPLETE, SIGN, AND RETURN YOUR
AUTOMATIC RENEWAL RECEIPT
Improperly claiming homestead exemption will result in tax liens up to
10 YEARS TAXES,
PLUS A 50% PENALTY, AND 15% INTEREST
For more details and laws governing homestead exemption, please visit our Frequently Asked Questions
online at www.miamidade.Rov/pa/faq.asp or call 305-375-4712.
Page 1332 of 2557
REV 11/2017
PROPERTY TAX EXEMPTION REQUIREMENTS GUIDE
HOMESTEAD EXEMPTION
• Legal/equitable title as of January 1st(if title is held in a trust,a copy of the trust document is required)
• Permanent residence on the property as of January 1st(residence address listed on the driver's license,voters registration,car
registration and federal income tax returns determine permanent residence)
• Owner(or others legally or naturally dependent upon such person)must be a U.S.citizen or permanent U.S.resident and Florida
resident as of January 1st
ADDITIONAL BENEFITS AVAILABLE FOR QUAUFIED HOMESTEAD PROPERTIES
Exemption Qualifications
• Age 65 or older as of January 1st
Low income Senior Citizen • Adjusted Gross Income for all household members less than$30,174(2019 Income Limit).Limit is
determined and adjusted each year by Florida's Department of Revenue
Long Term Resident Senior • Must be eligible for Low Income Senior Citizen Exemption and reside on the property for at least 25 years
Citizen • Property's market value must be less than$250,000(only applies to the first year)
SSW Widow/Widower • Un-remarried widow or widower as of January 1st
$500 Quillen Disability/
$00 Blind • Total and permanently disabled as of January 1st
$5,000 Veteran Disability • Service-connected disabled veteran rated at 10%or more
• OR Un-remarried surviving spouse of service-connected disabled veteran rated at 10%or more
• Service-connected total and permanent disabled veteran
Veteran Total and • OR Un-remarried surviving spouse of service-connected total and permanent disabled veteran
Permanent Disability • OR Un-remarried surviving spouse of veteran who died on active duty
• Paraplegic,hemiplegic,total and permanent disability requiring use of a wheelchair for mobility,legally
Civilian Total and Permanent blind or quadriplegic
Disability • Gross income for entire household is less than 529,415(2019 Income Limit).Limit Is determined and
adjusted each year by Florida's Department of Revenue.Income limit does not apply to Quadriplegics.
Deployed Military • Deployed outside of the continental U.S.in support of a qualified military operations during 2018.Visit
our website for a list of qualified operations.
• Age 65 or older as of January 1st
Veteran Discount • Have a combat related disability
• Honorably discharged
First Responder Totally and • First responder totally and permanently disabled in the line of duty as of January 1st
Permanently Disabled in the • Must have been disabled as a result of injunes sustained in the line of duty as a first responder in Florida
Line of Duty or Surviving or durine an operation in another state or country authorized by Florida or its counties
Spouse • OR Un-remarried surviving spouse of a first responder disabled in the line of duty
Surviving Spouse of First • A surviving spouse of a first responder who died in the fine of duty
Responder Who Died in the • First responder and spouse must have been permanent residents of Florida on January 1st of the year
Line of Duty the first responder died
• Parent or grandparent of owner must be 62 years old or older as of January 1st
Grandparents Living • Qualified construction or re-construction completed after January 7,2003
Quarters • Only applies during taxable years during which at least one such parent or grandparent maintains his or
her primary residence in living quarters within the homestead property of the owner
0 Miami-Dade County Property Appraiser
Pedro J. Garcia
Stephen P.Clark Center South 1 SWDadGovernment Su tenter
111 NW 1•Street,Suite 710 10710 SW 211 Street,Suite 207
Cutler flay,R 331E9
Miami,Fl 33123
www.miamidade.gov/pa 305-375-4712
Page 1333 of 2557
MIAMI-DADE COUNTY
PROPERTY APPRAISER
mai
aj ADMINISTRATION DIVISION
PEDRO J. GARCIA
PROPERTY APPRAISER
Portability Transfer of Homestead Assessment Difference
Property owners with Homestead Exemption receive a benefit known as Amendment 10 or "Save Our Homes".
Amendment 10 limits increases in the annual assessment of a home to a maximum of 3% regardless of the increase
in market value.
Since 2008, homeowners were able to transfer (or port) the savings they have accumulated (known as the
Homestead Assessment Difference) to another homestead property up to $500,000.
All property tax exemptions applications are due to March 1st and can be completed online or in person.
Calculating the Transfer of Homestead Assessment Difference (Portability)
Generally, there are two major components in calculating portability known as upsizing and downsizing.
Here is how it works:
t
.ti.'
Market Value $250,000 Market Value $400,000
Save Our Homes Assessment Difference -$100,000 Transfer of Assessment Difference (PORT) -$100,000
Assessment Value $150,000 Assessed Value $300,000
kali .
Market Value $250,000 Market Value $150,000
Save Our Homes Assessment Difference -$100,000 Transfer of Assessment Difference (PORT) -$60,000
Assessment Value $150,000 Assessed Value $90,000
*Note: The Save Our Homes Assessment Difference amount transferred is apportioned at 60%. Here is how it is
calculated: 150,000 / 250,000 X 150,0000 = $90,0000 (New Assessed Value). Also, portability benefits may be
reduced if the benefit is split among multiple homestead owners and the maximum amount of Save Our Homes
Assessment Difference that can be transferred is limited to$500,000.
1. To transfer your assessment difference, you must have received a Homestead Exemption on the previous
homestead property and must be the owner of the new homestead property.
2. If you and your spouse or former spouse would like to designate shares of the homestead assessment
differences, you must file a DR-501TS (Designation of Owners Shares form) before you file your new
portability application.
3. To transfer your assessment difference, you must have established a new homestead on or before January
1st of the second year after abandoning your previous homestead. All owners of a jointly owned previous
homestead must abandon that homestead in order for the assessment difference to be transferred.
It NW IS'1 STREET, SL11l'E710 • MIAMI, 1-L()R11)A • 33128
'HONI( 305-(4'071$34.of12 7 31)i375 3024
WEB SITE: WWW.MIAMIDADE.GOV/PA
Miami-Dade County Office of the Property Appraiser Pedro J.Garcia,CFA
P� 1 aSenior Tax Exemptions ,cid.
44, r"
t - for Property Owners
fi
Property owners who are 65 and older may be eligible for additional tax exemptions in Florida.
Please refer to the chart below to see the additional tax exemptions and their requirements:
• Receive Homestead Exemption
• Age 65 or older as of January 1st
Low Income Senior Citizen • Adjusted Gross Income for all household members needs to
be less than $30,174 (2019 Income Limit). Limit is
determined and adjusted (or equal to) each year by Florida's
Department of Revenue.
• Must meet the requirements for Low Income Senior Citizen
Exemption
Long Term Resident Senior Citizen • Reside on the property for at least 25 years
• Property's market value must be less than $250,000 (only
applies to the first year).
In order to receive the Senior Exemptions, property owners must receive Homestead Exemption.
The requirements are the following:
• Legal/equitable title as of January 1st (if title is held in a trust, a copy of the trust document is required)
• Permanent residence on the property as of January 1st (residence address listed on the driver's ucense, voters
registration, car registration and federal income tax returns determine permanent residence)
• Owner (or others legally or naturally dependent upon such person) must be a U.S. citizen or permanent U.S.
resident and Florida resident as of January 1st
If you are uncertain about what property tax benefits you have, please contact us at 305-375-4712
or visit our offices at any the following locations:
Downtown Office South Dade Office
Miami-Dade County Office of the Property Appraiser Miami-Dade County Office of the Property Appraiser
Stephen P. Clark Center South Dade Government Center
111 NW 1st Street 10710 SW 211th Street
Suite 710 Suite 207
Miami, Florida 33128 Cutler Bay, Florida 33189
Page 1335 of 2557
_ Miami-Dade County.
01 414
Office of the Property Appraiser
C O
_:--= _ � + f m Increase I
Income ncome MayAffect the
COUNTY
< - -coP Low Income Senior Citizen Benefit
0Rt
+ Increase in Adjusted Gross Income
If you are receiving the Low Income Senior Citizen benefit on your
t\ �; property, the adjusted gross income limit allowed by the Florida
A. Department of Revenue in 2019 is $30,174.00 including all household
if..
members. If the adjusted gross income limit is exceeded, you are not
• entitled to this benefit and must cancel immediately.
r ' A How to Cancel a Benefit
. _ 1 You No Longer Qualify For
4 The Office of the Property Appraiser sends automatic renewal
� !r-fit.
. receipts each year where you will be able to cancel your Low Income
a �� Senior Citizen benefit by filling out, signing and returning the form
to our office.
Avoid the Hefty Fraud and Penalty Charges
Improperly claiming the Low Income Senior Citizen benefit may
result in a cancellation of your benefit, a tax lien of up to 10 years
with a 50% penalty plus 15% interest annually.
Reapplying for the Benefit
-4 After the cancellation of your Low Income Senior
-- 4'•.` Citizen benefit, you may reapply for the Low Income Senior
Citizen benefit any time your adjusted gross income including
all the household members is below the limits established by the
# . - Florida Department of Revenue.
28NE I NEIGHBORS +suN Ar sEPTEMSEI 29 2019
MIAMIHERALD.(OM
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ORDINANCES AMENDING THE COMPREHENSIVE PLAN AND THE LAND
DEVELOPMENT RELATIONS RELATING TO ACCESSORY DWELLING UNITS (ADU)
OCTOBER 16, 2019
NOTICE IS HEREBY given that the following Second Readings Public Hearings will be heard by the Mayor and City Commissioners of the City of Miami Beach,Florida,in the Commission
Chamber,Third Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on October 16,2019 at the times listed,or as soon thereafter as the matter can be heard:
11:10 a.m.Second Reading Public Hearing
ACCESSORY DWELLING UNITS(ADU)-COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN,BY AMENDING CHAPTER 1,ENTITLED"FUTURE LAND USE ELEMENT";
OBJECTIVE 1,ENTITLED"LAND DEVELOPMENT REGULATIONS,"AT POLICY 1.2,'SINGLE FAMILY RESIDENTIAL CATEGORY(RSI,'TO ALLOW FOR ACCESSORY AND
CONDITIONAL USES AS PROVIDED FOR IN THE LAND DEVELOPMENT REGULATIONS AND TO PROVIDE THAT ACCESSORY DWELLING UNITS DO NOT COUNT TOWARDS
MAXIMUM DENSITY LIMITS;AND AMENDING CHAPTER 3,ENTITLED"HOUSING ELEMENT,"OBJECTIVE 1,ENTITLED'CREATION AND/OR PRESERVATION OF AFFORDABLE
HOUSING"AND"OBJECTIVE 3,"ENTITLED'ADEQUATE SITES AND DISTRIBUTION OF HOUSING FOR VERY LOW TO MODERATE-INCOME HOUSEHOLDS;AND ADEQUATE
SITES FOR MOBILE AND MANUFACTURED HOMES,'TO PROVIDE FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS IN ORDER TO ENCOURAGE THE
DEVELOPMENT OF HOUSING AT AN ATTAINABLE RATE;AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN,TRANSMITTAL,REPEALER,SEVERABILITY,
AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-166 of the City's Land Development Code.Inquiries may be directed to the Planning Department
at 305.673.7550.
11:15 a.m.Second Reading Public Hearing
ACCESSORY DWELLING UNITS(ADU)-LAND DEVELOPMENT REGULATIONS
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
9,ENTITLED"LAND DEVELOPMENT REGULATIONS,"BY AMENDING CHAPTER 114 OF THE CITY CODE,ENTITLED"GENERAL PROVISIONS,"SECTION 114-1,ENTITLED
"DEFINITIONS,-TO ESTABLISH A DEFINITION FOR`ACCESSORY DWELLING UNIT'AND REMOVE THE DEFINITION OF-GUEST/SERVANTS QUARTERS";AMENDING
CHAPTER 142, ENTITLED 'ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, ENTITLED 'SUPPLEMENTARY DISTRICT REGULATIONS,' DIVISION 2, ENTITLED
'ACCESSORY USES;SECTION 142-905,ENTITLED'PERMITTED ACCESSORY USES IN SINGLE-FAMILY DISTRICTS,"TO REPLACE GUEST/SERVANTS QUARTERS WITH
ACCESSORY DWELLING UNIT AS AN ALLOWABLE ACCESSORY USE FOR SINGLE-FAMILY DISTRICTS,AND PROVIDE STANDARDS FOR THEIR DEVELOPMENT AND
LEASING;AND AMENDING CHAPTER 142,ENTITLED"ZONING DISTRICTS AND REGULATIONS,"ARTICLE IV, ENTITLED"SUPPLEMENTARY DISTRICT REGULATIONS,'
DIVISION 4,ENTITLED'SUPPLEMENTARY YARD REGULATIONS;SECTION 142-1132,ENTITLED"ALLOWABLE ENCROACHMENTS WITHIN REQUIRED YARDS,"TO ALLOW
FOR ACCESSORY DWELLING UNITS AS AN ALLOWABLE USE IN ACCESSORY BUILDINGS AND MODIFY THE MEASUREMENT OF HEIGHT FOR ACCESSORY BUILDINGS;
AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to Section 118-164 of the City's Land
Development Code.Inquiries may be directed to the Planning Department at 305.673.7550.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,
1700 Convention Center Drive,1v Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the Office of the
City Clerk,1700 Convention Center Drive,1°Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional
legal notice need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which
the appeal Is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or Irrelevant evidence,nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in alternate format,sign language Interpreter(five-day notice required),information on access for persons with disabilities,and/or any accommodation to review
any document or participate in any City-sponsored proceedings,call 305.604.2489 and select option 6;TTY users may call via 711(Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
Ad 101619-05
Page 1345 of 2557