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Ordinance 2025-4756 ORDINANCE NO. 2025-4756 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 106 OF THE CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," ARTICLE II, ENTITLED "METERED PARKING," DIVISION 1, ENTITLED "GENERALLY," SECTION 106-55 ENTITLED "PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS" TO EXPAND THE EXEMPTION FROM THE REQUIREMENT TO PAY A FEE FOR THE PERMANENT REMOVAL OF A PARKING SPACE WHEN REMOVAL IS NECESSARY TO PROVIDE ACCESS TO OFF-STREET PARKING (A) TO ALLOW FOR THE REMOVAL OF UP TO TWO SPACES AND (B) TO ENABLE DUPLEXES AND TRIPLEXES TO QUALIFY FOR THE EXEMPTION; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is committed to promoting efficient land use and ensuring adequate access to off-street parking for all types of residential properties; and WHEREAS, Section 106-55 of the Code of Ordinances currently allows single family uses to be exempt from paying the fee for the permanent removal of one parking space when � creating access to off-street parking; and WHEREAS, duplex and triplex uses should be afforded similar exemptions to allow . driveway access and promote equitable treatment of residential properties; and WHEREAS, allowing duplex and triplex uses to be exempt from paying the fee for the removal of up to two parking spaces, provided that the off-street parking created is equal to or greater than the number of on-street spaces removed, will encourage the development of off- street parking and, potentially, reduce the demand for on-street parking; and WHEREAS, this amendment will support the City's goals of enhancing neighborhood livability, reducing parking congestion, and promoting sustainable urban development. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: SECTION 1. That Chapter 106 of the Miami Beach City Code entitled "Traffic and Vehicles," Article II, entitled "Metered Parking," Division 1, entitled "Generally," at Section 106-55, entitled "Parking Rates, Fees, and Penalties; Exceptions," is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES * * � ARTICLE II. METERED PARKING * * * DIVISION 1. GENERALLY * * * Section 106-55. Parking rates, fees, and penalties; exceptions. � � � � (h) Parking space removal. (1) Temporary parking meter removal:The city may provide for the temporary removal of parking meters to accommodate construction and other limited needs. There is a fee for the removal and a fee for the re-installation of the post. Space removal and replacement shall be paid to the parking department in advance. Additionally, the applicable bagged space rental rate shall be assessed on a per space, per day basis, payable in advance, until such time as the parking post is reinstalled. � (2) Private requests for permanent parking space or loading zone remova/prohibited: Private requests for permanent parking space or loading zone removal shall only be allowed for the purpose of creating access to an off-street parking facility or other vehicular access to the property. Private requests for the permanent removal of a parking space or loading zone for any other reason shall be prohibited. When permitted, the fee for the private permanent removal of a parking space or loading zone shall be the same rate as the fee in lieu of required parking, except for the following: a. Single family uses seeking to provide access to off-street parking shall be exempt from paying this fee for the removal of one� parking space. b. Duplex and triplex uses in an RS residential sinale-familv or RO residential office district seekinq to provide access to off-street parkinq shall be exempt from pavinq this fee for the removal of up to two (2) parkinq spaces so lonq as the number of off-street parkina spaces created is eaual to or areater than the number of on-street spaces for which the parkinq space removal is reauested. c. Housing for low and/or moderate income non-elderly and elderly persons pursuant to the requirements of chapter 58 of the City Code, and certified by the Housing and Community Services Department, shall be exempt from paying this fee for the removal of up to two (2) parking spaces. If more than finro (2) parking spaces are proposed to be removed for the types of development identified in this paragraph, the City Commission may, by resolution, waive the one-time removal fee for up to five (5) parking spaces. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 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 a part of the Miami Beach City Code. 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 upon approval and the revised impact fee rates shall be applied to all bills rendered on or after the effective date. PASSED and ADOPTEDthis �3 day of � , 2025. . ATTEST: S even Meiner, Mayor �vt z � zo2� . ...,, Rafael E. Granado, City Clerk : �BE,q'��,, _\Qcn.... ..,�y, .. _�•: ', Underline denotes additions = ��'' �': �: �INLORP ORAiED: denotes deletions % •�n= ',,,�,9.. � �.��,: (Sponsored by Mayor Steven Meiner) ''��'�c��26'___� ,,,,,.,,... APPROVED AS TO FORM AND LANGUAGE & FO UTION � �)1312oz� City Attorney �� Date 3 Ordinances - R5 G �� COMMISSION MEMORANDUM TO: . Honorabfe Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: July 23, 2025 9:50 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORlDA, AMENDING CHAPTER 106 OF THE CITY CODE, ENTlTLED "TRAFFlC AND VEHICLES," ARTICLE II, ENTITLED "METERED PARKING," DIVISION 1, ENTITLED "GENERALLY," SECTION 106-55 ENTITLED "PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS," TO EXPAND THE EXISTING EXEMPTION FROM THE REQUIREMENT TO PAY A FEE FOR THt PERMANENT REMOVAL OF A PARKING SPACE WHEN THE REMOVAL IS NECESSARY TO PROVIDE ACCESS TO OFF-STREET PARKING (A)TO ALLOW FOR THE REMOVAL OF UP TO TWO SPACES AND (B) TO ENABLE DUPLEXES AND TRIPLEXES TO QUALIFY FOR THE EXEMPTIQN; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed Ordinance was prepared at the request of the sponsor, Mayor Steven Meiner. On June 25, 2025, the City Commission approved the Ordinance at First Reading, with an amendment to limit eligibility for duplex and triplex uses to properties located in an RS residential single-family or RO residentiaf office district. Section 106-55 of the Code of Ordinances currently allows single-family uses to be exempt from paying the fee for the permanent removal of one parking space when creating access to off-street parking. Duplex and triplex uses should be afforded similar exemptions to allow driveway access and promote equitable treatment of residential properties. The proposed amendment to Section 106-55 would allow duplex, and triplex uses to be exempt from paying the fee for the removal of up to two parking spaces, provided that the off-street parking created is equal to or greater than the number of on-street spaces removed. The amendment, if adopted, will encourage the development of off-street parking and, potentially, reduce the demand for on-street parking. FISCAL IMPACT STATEMEfVT . This Ordinance will exempt certain duplex and triplex residential properties from the fee for a private request for permanent removal of a parking space. The City Adminisfration is requested to be prepared to address the anticipated fiscal impact. Does this Ordinance reQuire a Business Impact Estimate? Yes , 981 of 1791 (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 719/2025 See BIE at: https://www.miamibeachfl.caov/citv-halllcitv-clerk/meetinq-notices! FINANCIAL INFORMATION CONCLUSION ) Applicable Area Citywide Is this a "Residents Riqht to Know" item. Is this item related to a G.O. Bond pursuant to Citv Code Section 2-17? Proiect? No No Was this Qqenda Item initiallv requested bv a iobbvist which, as defined in Code Sec. 2-481, includes a qrincipal enqa4ed in lobbvinq? No If so, specify the name of lobbyist(s) and principal(s): � � Department City Attorney Sponsor(s) � Mayor Steven Meiner � Co-sponsor(s) . Condensed Title - , , 9:50 a.m. 2nd Rdg, Expand Exemption from Fees/Create Access to Off-street Parking. (Meiner) CA Previous Action (For Citv Clerk Use Onlv) � First Reading on 6J25/2025 =R5 AE , , 982 of 1791 �