BIE - PERMITTED PARKING BLOCKING DRIVEWAY OR PARKING SPACE (11/7/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager rod,-
MEETING
DATE: November 20, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SUBPART A, OF THE MIAMI BEACH CITY CODE ENTITLED
"GENERAL ORDINANCES," BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND
VEHICLES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY CREATING
SECTION 106-8, TO BE ENTITLED "PERMITTED PARKING BLOCKING A DRIVEWAY OR
PARKING SPACE"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
❑ Yes ❑ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above -referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
❑ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None.
Ordinances - R5 {{item.number}}
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: November 20, 2024 9:30 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A, OF THE MIAMI BEACH CITY
CODE ENTITLED "GENERAL ORDINANCES," BY AMENDING CHAPTER 106,
ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY CREATING SECTION 106-8, TO BE ENTITLED "PERMITTED
PARKING BLOCKING A DRIVEWAY OR PARKING SPACE"; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
The proposed Ordinance was approved on First Reading at the October 30, 2024 City
Commission meeting. No changes have been made between First and Second Reading.
ANALYSIS
Residential parking in the City of Miami Beach is extremely limited.
The City's Parking Department has long maintained an informal policy that allows residents to
park blocking access to their own driveways in single family residences.
If enacted the proposed ordinance would potentially increase residential parking availability by
codifying this informal policy and extending it to residents of multi -family dwellings of up to four
units.
Specifically, the proposed ordinance provides that:
A resident or his or her invited guest(s) may park in such a fashion as to block his or her own:
(1) Driveway (in a single-family residence); or
(2) Assigned parking space (in a multi -family dwelling of up to four residences) by parking a
vehicle or vehicles one behind the other so long as the building does not prohibit such parking.
In no event shall any vehicle so parked:
(a) extend into a lane of travel on a public street;
(b) obstruct any portion of any public sidewalk;
(c) block the line of sight for any adjacent property owner to safely enter or exit his or her driveway
or parking space at his or her own residence;
(d) obstruct in any manner the use of any fire hydrant, or have or place or cause to be placed any
material within fifteen (15) feet from either side thereof; or
(e) obstruct fire exit discharge.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
9:30 a.m. 2nd Rdg, Permitted Parking Blocking a Driveway or Parking Space. (Bhatt/Magazine)
CA
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A, OF THE
MIAMI BEACH CITY CODE ENTITLED "GENERAL ORDINANCES," BY
AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY
AMENDING ARTICLE 1, ENTITLED "IN GENERAL," BY CREATING
SECTION 106-8, TO BE ENTITLED "PERMITTED PARKING BLOCKING
A DRIVEWAY OR PARKING SPACE"; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS residential parking in the City of Miami Beach is extremely limited; and
WHEREAS, the City's Parking Department has long maintained an informal policy that
allows residents to park blocking access to their own driveways in single family residences; and
WHEREAS the Mayor and City Commission desire to increase residential parking
availability by codifying this informal policy and extending it to residents of multi -family dwellings
of up to four units.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. Section 106-8 of Chapter 106 of the City Code is amended and created as follows:
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE 1. IN GENERAL
Sec. 106-8, Reserved, Permitted Parking Blocking a Driveway or Parking Space.
A resident or his or her invited guest(s) may park in such a fashion as to block his or her own
(1) Driveway (in a single-family residence); or
(2) Assigned parking space (in a multi -family dwelling of up to four residences) by parking
a vehicle or vehicles one behind the other so long as the building does not prohibit
such parking.
in no event shall any vehicle so parked:
La) extendinto a lane of travel on a public street;
(b) obstruct any portion of any public sidewalk;
(c) block the line of sight for any adiacent property owner to safely enter or exit his or
her driveway or parking space at his or her own residence:
(d) obstruct in any manner the use of any fire hydrant, or have or place or cause to be
placed any material within fifteen (15) feet from either side thereof; or
(e) obstruct fire exit discharge.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section. subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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. EFFECTIVE DATE.
This Ordinance shall take effect on the day of
202
PASSED AND ADOPTED this day , 202
ATTEST:
Rafael E. Granada, City Clerk
(Sponsored by Commissioner Tanya K. Bhatt)
Steven Meiner, Mayor
APRO\fED A
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