Ordinance 2025-4728 Commercial Use of Single-Family Homes— LDR Amendment
ORDINANCE NO 2025-4728
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 II, 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.
WHEREAS, as presently drafted, the City's Land Use Regulations prohibit commercial
use of a single-family home, but loopholes exist that creale workarounds for property owners to
sponsor commercial uses of their homes, particularly for large parties and events; and
WHEREAS, for example, the current LDRs do not prohibit sponsorship of an event in a
single-family home by a for-profit en[ity.Also, promotion on social media is not currently expressly
prohibited; and
WHEREAS, the Mayor and City Commission desire to enact legislation to better prevent
commercial uses (particularly large-scale commercial parties and events) under present-day
conditions in the City; and
WHEREAS, the accompanying ordinance prohibiting sponsorship of an event in a single-
family home by a for-proft entity and prohibiting promotion on, interalia, social media will advance
the City's interests and better protect neighbors in residential neighborhoods.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 7222 0( Chapler 7 the Miami Beach Resiliency Code, entilled
"Zoning Districts and Regulations," is hereby amended as follows:
MIAMI BEACH RESILIENCY CODE
CHAPTER 7 ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
SECTION 7.2.2 RS-1, RS-2, RS3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
Page i o/7
Subsection 722.2. Uses (RS)
(d) Supplemental Prohibited uses Regulations (RS)
(1) Commercial use of single-family homes prohibited (RS)
1. Commercial use of single-family homes prohibited (RS).
A. Intent and purpose. The land development regulations restrict residential
properties to residential and compalible accessory uses. Commercial uses
on residential properties are prohibited, with limited exceptions. While
residents are entitled to enjoy the use of their property consistent with the
applicable regulations, in order to ensure and protect the enjoyment,
character and value of residential neighborhoods and buildings, the
provisions herein are established.
B. Definitions.
I. Use ofresidential propertyor use ofthe property in this section shall
mean occupancy of residential property for lhe purpose of holding
commercial parties, events, assemblies or gatherings on the
premises.
C. Regulations: Determination of commercial use.
I. Accessory use of residential property shall be deemed commercial
and not permitted, except as othenvise provided for in the Code, if:
1. Compensation to owner. The owner, lessee or resident
receives payment or other consideration, e.g., goods,
property or services, � .
for the commercial use of the property, including payment
by any means, direct or indirect, including security deposits;
or;
2. Goods, property or services offered or sold; donations
solicited or acceoted. Goods, property or services are
offered for sale or sold on or at the property or donations
are solicited or accepted, during use of ihe property;
however, this subsection shall not apply, if:
i. All of the goods, property or services offeredLr
donations that are solicited or accepted are donaled to
or for charitable, religious or political organizations or
candidates for public office, that have received
501(c)(3) or other tax ezempt status under the U.S.
Page 2 of 7
Internal Revenue Code, as amended, or in accordance
with applicable election laws; or
ii. All of the proceeds from � sales or donations are
directly payable and paid to charitable, religious or
political organizations or candidates for public office,
that have received 501(c)(3) or olher tax exempt slatus
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
iii. The sale is of the property itself or personal property of
the owner or resident (excluding property owned by a
business), and if publicly advertised, comply with
section 7222.d.1.C.11l below;
iv. Notwithstanding the restrictions in section
7222.d.1.C.1.(2).[i]-[iii], limited commercial use of the
property by the owner or resident for the sale of goods,
property or services shall be allowed under the
following criteria. The event:
1. Is by private invitation only, not publicly
adverlised;
2. Creates no adverse impacts to the
neighbarhood;
3. The activity and its impacts are contained on the
property;
4. Parking is limited to that available on-site, plus
11 vehicles legalty self-parked near the property,
with no busing or valet service; and
5. Frequency is no greater than one event per
month;
v. The owner or resident must provide the cily manager
an affidavit that identifies the limited commercial use of
the residential property at least 72 hours before the
applicable limited commercial use is scheduled to
commence pursuant to section 722.2.d.1.C.L(2)., and
the affidavit must include the applicable information set
foRh within section 7222.d.1.C.1.(2).[i]-[iv], setting
forth detailed informa�ion supporting the exempted
limited commercial use provided there. The submission
of a false aRidavit is a misdemeanor of the second
Page 3 of 7
degree, punishable as provided in sections 775.082 or
775.083 of the Florida Statutes; or
3. Admittance fees. Use of the property by attendees requires
an admittance or membership fee or a donation, excluding
donations directty payable and paid by attendees to
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; er
4. Any advertising that promotes the occupancy or use of the
residential property for the purpose of holding wmmercial
parties, events, assemblies, gatherings, or advertisement
that promotes 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-:
5. Anvadvertisinq marketinq orpromotionofanvoartv.event.
assemblv or qatherinq in anv print film social networkinq
platform or anv other media occurs: or
6. Anv partv event assemblv or qatherina is soonsored.
manaqed or oromoted bv anv entitv other than a charitable.
reliaious or political orqanization(s) or candidate(sl for
public office that has received 501(cl(3)or other tax exempt
status under the U.S. Internal Revenue Code. as amended.
or in accordance with aoolicable election laws.
II. Signs or advertising. Signs or other forms of advertising in
connection with goods, property or services offered in connection
with commercial use of the property, including the actual goods,
property (except real property and structures thereon) or services,
shall not be visible from the public right-of-way. This section shall
not be conslrued fo prohibit the display of real estate for sale or
lease signs for the property.
III. Real estate open houses. The(ollowing events are permitted: Open
houses (open to the public)organized for the purpose of promoting
the sale or lease of the residence where the open house is located,
to potential buyers or renters, or events organized by the listing
agent limited to licensed real estate brokers and/or agents, subject
to the following:
IV. No sale or display of goods, property or services by sponsoring
businesses unrelated to the property; and
V. No charging admittance fees.
Page 4 of 7
VI. Events described in this subsection must end by 8:00 p.m.
VII. Enfo�cement.
1. Violations of this section shall be subject to the following
fines. The special magistrate shall not waive or reduce fines
set by this section.
i. If the violation is the first violation $1,000 per day, per
violation.
ii. If the violation is the second or greater violation, $5,000
per day per violation.
iii. However, if ihe special magistrate finds the violation to
be irreparable or irreversible in nature, the special
magistrate may imposes a fine not to exceed
$15,000.00 per violation.
iv. The director of the code compliance department must
remit a letter to the M iami-Dade Property Appraiser and
Miami-Dade Tax Collec�or, with a copy of the special
magistrate order adjudicating the violation, that notifies
these governmental agencies that the single-family
residential property was used for lhe purpose of holding
a commercial party, event, assembly orgathering atthe
premises.
2. The advertising or advertisement for the commercial use of
a residential property for the purpose of holding commercial
parties, event, assemblies or gatherings on the residential
premises is direct evidence that lhere is a violation of
section 7222.d.1.C, which is admissible in any proceeding
to enforce section 7222.d.1.The advertising or
adveNisement 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 7222.d.1.
3. In addition to or in lieu of the foregoing, the city must close
down the commercial use of the property pursuant to section
7222.d.1, or may seek an injunction against activities or
uses prohibited under this section.
4. Any city police officer or code compliance officer may issue
notices for violations of this section, with alternative
enforcement as provided in chapter 1 of this Code.
Violations shall be issued to the homeowner, and/or to any
Page 5 of 7
realtor, real estate agent, real estate broker, event planner,
promoler, caterer, or any other individual or entity that
facilitates or organizes the prohibited activities. In the event
the record owner of the property is not present when the
violation occurred, a copy of the violation shall be provided
to such owner.
5. Charitable, religious or political organizations or candidates
for public office shall receive one courtesy notice in lieu of
the f rst notice of violation only, after which fines will accrue
starting with the first violation as prescribed. No courtesy
notice in lieu of first notice of violation shall be available if a
courtesy notice in lieu of first notice of violalion has already
been granted in the preceding 18 month period, regardless
of location.
6. The city recognizes peoples' rights of assembly, free
expression, religious freedom, and other rights provided by
the state and federal constitutions. It is the intent of the city
commission that no decision under this seclion shall
constitute an illegal violation of such rights, and this section
shall not be construed as such a violation.
7. The city manager or designee may adopt administrative
rules and procedures to assist in the uniform enforcement
of this section.
VIII. No variances shall be granted 6om this section. This section does
not authorize commercial activities in residential neighborhoods
thal are othenvise prohibited or regulated by applicable law, unless
expressly provided for herein.
IX. Enhanced penalties. The following enhanced penalties must be
imposed, in addition to any mandatory fnes set forth in (editor)
section 7222.d.1.D above, for violations of section Z222.d.1:
1. Enhanced penalties for this section:
i. The commercial use must be immediately termina�ed,
upon confirming a violation has occurred, by the Miami
Beach Police Department and the code compliance
department.
ii. A certifed 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 sherifts of this state, including levy against the
Page 6 of 7
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
othenvise execute upon the lien.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affecled 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 ihe provisions of this Ordinance shall become and be made part of the Miami
Beach Resiliency Code. The sections of this Ordinance may be renumbered or relettered 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 ten days following adoplion.
PASSED and ADOPTED this�day of 2025. /�
f "�B.Eq,�:��� �Jf // _ .
°�.�`" U 'L,e<.,�_
: . ,
i 'IN[OA� 01A1E0.,y' Steven Meiner, Mayor
• `. i.;
I,�s.9�CH 26;�0:
ATTEST: ' APPROVED AS TO FORM AND
��y 2 7 2�25 LANGUAGE AND FOR EXECUTION
Rafael E. ranado, City Clerk � �"�16�zot�
City Atto ey � Date
(Sponsored by Commissioner Alex J. Fernandez)
First Reading: April; 23, 2025 COSponSoretl byCommissionerTanya K Bhatt
Second Reading: May 21, 2 25 CoSponsored byCommissioner Laura Dominguez
CoSponsored by Commissioner Joseph Magazine
Verifed By:
Thomas R. Mooney, AICP
Planning Director
T:Wgentla�2025\04 April 23,2025\Planning\Commerdal Use of Single Family Homes-First Reatling ORD.tlacn
Page 7 of 7
Ordina�ces - RS I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honoreble Mayor and Members of the Cify Commission
FROM: Enc Carpenter, Ciry Manager
DATE� May 21, 2025 9:45 a.m. Second 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 II, ENTITLED "DISTRICT REGULATIONS," BY AMENDING
SECTION 722, ENTITLED "RS-1, RS-2, RS-3, RS-4 SWGLE-FAMILY
RESIDENTIAL DISTRICTS" BY AMENDING SUBSECTION 7222, 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 CiN Commission (City Commission) adopt
the ordinance.
BACKGROUNDIHISTORY
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
(CA R) to the Land Use and Sustainability Commitlee (LUSC),
On February 20, 2025, the LUSC recommended that the City Commission refer ihe proposed
ordinance, clarifying Me City's prohibition on commercial uses of single-famiry 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 Z222(d) of the Land Development Regulations of the Ciry Code (LDRs) contains
regulations specific to prohibited uses in ;ingle family (RS) districts. The attached ordinance
expands the current prohibitions on the commercial use of single-family homes. The following is
a summary (underscore)o/the proposed amendments ro Section 72.22(d)(1)1.A.1, pertaining to
donations associated with the wmmercial use of homes in single-family districts:
. All of the goods, property or services offered or donations that are solicited or acceoted, are
donated to or for charitable, religious or political organizations or candidates for public offce,
that have received 501(c)(3) or other tax-exempt status under the U.S. Intemal Revenue
Code, as amended, or in accordance with applicable election laws; or
. All of the proceeds from a� sales or donations are direcUy payable and paid to charitable,
religious or political organizations or candidates for public office, that have received 501(c)(3)
1369 of 2719
or other tax-exempt status under the U.S. Intemal Revenue Code, as amended, or in
accordance with applicable election laws. An organization or candidate may reimburse donors
for goods or property donated; or
• Anv advertisino marketino or oromotion of anv oartv event assembN or qalherino in arn
� t flm social nehvorkinq platform or anv other media occurs� or
. Anv partv event� assemblv or oatherina is sponsored manaded or promoted bv anv entitv
other than a charitable reliqious or political orqanization(s) or candidate(s) for oublic offce
that has received 501(c)(3)or other tax-exempt status under the U S Internal Revenue Code
as amended or in acwrdance 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-O).
UPDATE
On April 23, 2025 the City Commission approved the subject ordinance at First Reading with no
changes. Additionally, the Ciry Commission waived the applicable fees, as well as the annual
zoning cycle requirements.
FISCAL IMPACT STATEMENT
No Fiscal Impact
Does this Ordinance require a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 5I7I2025
See BIE at https�llwww miami6eachfl qovlcitv-halUciN-clerklmeetina-noticesl
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Auolicable Area
Citywide
Is this a "Residents RiAht to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17� Proied7
Yes No
Was this Aaenda Item initialiv reauested bv a lobbvisl which as defined in Code Sec. 2-481.
includes a princivalenaaaedinlob6vinq? No
If so, speciry the name of lobbyist(s) and principal(s):
Department
1370 of 2719
Planning
Sponsor(sl
Commissioner Alex Fernandez
Co-sponsor(s1 �
Commissioner Tanya K. Bhatt
Commissioner Laure Dominguez
Commissioner Joseph Magazine
Condensed Title
9:45 a.m. 2nd Rdg, Commercial Use of Single-Family Homes (AF/TB/LD/JM) PL Si7
Previous Action IFor CiN Clerk Use Onlvl
First Reading Public Hearing on 4123l2025 - RS S
1371 of2719