BIE - Commercial Use of Single Family Homes (4/23/2025)
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
MEETING DATE: May 21, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
COMMERCIAL USE OF SINGLE FAMILY HOMES – LDR AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI BEACH RESILIENCY CODE, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE Il, ENTITLED "DISTRICT
REGULATIONS," BY AMENDING SECTION 7.2.2, ENTITLED “RS-1, RS-2, RS-3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS” BY AMENDING SUBSECTION 7.2.2.2, ENTITLED “USES
(RS)” TO CLARIFY AND AMEND REGULATIONS ON THE COMMERCIAL USE OF SINGLE-
FAMILY HOMES; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X 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
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Business Impact Estimate
Page 2
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
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, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 S
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:April 23, 2025 10:35 a.m. First Reading Public Hearing
TITLE:COMMERCIAL USE OF SINGLE-FAMILY HOMES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE Il, ENTITLED "DISTRICT REGULATIONS," BY AMENDING
SECTION 7.2.2, ENTITLED “RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS” BY AMENDING SUBSECTION 7.2.2.2, ENTITLED
“USES (RS)” TO CLARIFY AND AMEND REGULATIONS ON THE COMMERCIAL
USE OF SINGLE-FAMILY HOMES; AND, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for May
21, 2025.
BACKGROUND/HISTORY
On September 11, 2024, at the request of Commissioner Alex Fernandez, the Mayor and City
Commission (City Commission) referred an item regarding the regulation of the use of generators,
sound systems, audiovisual equipment and stages at private residences used as party houses
(C4 R) to the Land Use and Sustainability Committee (LUSC),
On February 20, 2025, the LUSC recommended that the City Commission refer the proposed
ordinance, clarifying the City’s prohibition on commercial uses of single-family homes, to the
Planning Board. On February 26, 2025, at the request of Commissioner Alex Fernandez, and
Commissioners Laura Dominguez and Tanya K. Bhatt, the City Commission referred the
proposed ordinance (C4 I) to the Planning Board.
ANALYSIS
Section 7.2.2.2(d) of the Land Development Regulations of the City Code (LDRs) contains
regulations specific to prohibited uses in single family (RS) districts. The attached ordinance
expands the current prohibitions on the commercial use of single-family homes. The following is
a summary (underscore) of the proposed amendments to Section 7.2.2.2(d)(1)1.A.I, pertaining to
donations associated with the commercial use of homes in single-family districts:
All of the goods, property or services offered, or donations that are solicited or accepted, are
donated to or for charitable, religious or political organizations or candidates for public office,
that have received 501(c)(3) or other tax-exempt status under the U.S. Internal Revenue
Code, as amended, or in accordance with applicable election laws; or
All of the proceeds from any sales or donations are directly payable and paid to charitable,
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religious or political organizations or candidates for public office, that have received 501(c)(3)
or other tax-exempt status under the U.S. Internal Revenue Code, as amended, or in
accordance with applicable election laws. An organization or candidate may reimburse donors
for goods or property donated; or
Any advertising, marketing, or promotion of any party, event, assembly, or gathering in any
print, film, social networking platform, or any other media occurs; or
Any party, event, assembly, or gathering is sponsored, managed, or promoted by any entity
other than a charitable, religious or political organization(s) or candidate(s) for public office,
that has received 501(c)(3) or other tax-exempt status under the U.S. Internal Revenue Code,
as amended, or in accordance with applicable election laws.
PLANNING BOARD REVIEW
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a
private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations
of the City Code, amendments to the City Code require the payment of the applicable fees in
section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-
sevenths (5/7ths) vote of the City Commission, based upon one or more of the following
circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change
in federal or state law, or to implement best practices in urban planning, or based on
circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial
hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's
association for property owned by any such organization or association, so long as the request
demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that the City Commission waive the applicable fees based on
circumstances unique to the proposed amendment.
SUMMARY
The proposed ordinance prohibits sponsorship of events in a single-family home by a for-profit
entity and prohibits the promotion of any party event via social media platforms. Also, the sponsor
has requested that the City Commission waive the annual zoning cycle restriction for the subject
amendment, pursuant to Section 2.3.2 of the LDRs, and schedule a Second Reading public
hearing for May 21, 2025.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
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FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission approve the subject ordinance at First Reading.
2. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject amendment and schedule a Second Reading public hearing for May
21, 2025.
3. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code,
the City Commission waive the applicable fees based on circumstances unique to the
proposed amendment.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes 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
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Commissioner Laura Dominguez
Condensed Title
10:35 a.m. 1st Rdg PH, Commercial Use of Single-Family Homes. (AF/TB/LD) PL
Previous Action (For City Clerk Use Only)
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