Ordinance 2025-4758 Voting Requirements for the Release of Covenants Restrictirag Transient Uses
ORDINANCE NO. 2025-4758
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE I, ENTITLED "GENERAL
TO ALL ZONING DISTRICTS," BY CREATING SECTION 7.1.12
THEREOF, ENTITLED "AMENDMENT OR RELEASE OF COVENANTS
RESTRICTING TRANSIENT USES SUBMITTED BY PROPERTY
OlNNERS," TO ESTABLISH A MINIMUM VOTING THRESHOLD FOR
THE RELEASE OF A COVENANT RESTRICTING TRANSIENT USES;
AND PROVIDING FOR CODIFICATION, REPEALER,SEVERABILITY,AND
AN EFFECTIVE DATE.
WHEREAS, the proliferation of transient uses, including the transient use of residential
property, may exacerbate housing affordability issues by reducing the availability of traditional
rental housing options for families and individuals, including the City's workforce; and
WHEREAS, new development incentives for non-transient residential development in the
City of Miami Beach are intended to promote housing development and implement more equitable
and comprehensive housing policies; and
WHEREAS, these policies prioritize the well-being and economic stability of all residents;
and
WHEREAS, the City Commission has adopted incentives for non-transient, residential
development that are conditioned on a property owner's voluntary proffer to abandon existing
transient uses and prohibit future transient uses on a property; and
WHEREAS, 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 7, entitled "Zoning District Regulations," Article I, entitled "General to All
Zoning Districts," is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE I. GENERAL TO ALL ZONING DISTRICTS
* * *
, Page 1 of 3
7.1.12 Amendment or release of covenants restrictinq transient uses submitted by
property owners.
a: Leqislative intent. The Citv Commission has adopted and mav, from time to time, adopt
future voluntanr zonina incentives to encouraqe non-transient residential development,
subiect to a propertv owner's aqreement to strictiv complv with certain conditions. These
conditions mav include, without limitation, the recordinq of a declaration of restrictive
covenants, in a form apqroved bv the Citv Attornev, requirinq the abandonment of existinq
transient uses on the qropertv, as well as a prohibition of future transient uses on the
property. At a minimum, these declarations provide that throuqhout the propertv and at all
times, no residential units on the propertv shall be leased or rented for a period of less
than six months and one day, and that no transient uses includina, but not limited to, bed
& breakfast inn, hostel, hotel, apartment hotel, suite hotel, or rooming house shall be
permitted on the propertv. For purposes of this section, each such covenant shall be
referred to as a "non-transient use covenant." This section is intended to implement
additional safequards to ensure the use of the propertv remains consistent with the
purpose of the zoninq incentives.
b. Amendment orrelease ofrestrictive covenants. In all instances where a propertv owner(s),
as a condition of eliqibilitv for an applicable non-transient residential zoninq incentive, is
reauired to record a non-transient use covenant, the covenant shall expresslv provide that
an affirmative vote of six-sevenths of all members of the citv commission shall be reauired
in order to release the covenant or to modify the covenant in such a manner as to imqose
a less strinqent restriction after it is executed.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page 2 of 3
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this o13 day of Ju� , 2025.
.
ATTEST:
JUL 2 5 2025
� Ste en Meiner, Mayor
Rafael E. ranado, City (;� k ` '� `
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First Reading: May 21, 2025 ' �-,��?'; APPROVED AS TO
Second Reading: July 23, 025 % '•�N[OR'-08SiED.� = FORM AND LANGUAGE
'-�'�� :.g�h' AND FO EXECUTION
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Verified by: /
Thomas R. ooney, AICP S!$�ZOZl'
Planning Director City ey �� Date
Sponso�ed by CommissionerAlex J. Femandez
Co-Sponsored by Commissioner Joseph Magazine
CoSponsored by Commissioner David Suacez
CowSponsored by Commissioner Tanya K.Bhatt
T:�Agenda�2025\05 May 21,2025\Planning\Voting.Requireemnts for the Release of Non-Transient Use Covenants-First Reading
ORD.docx
Page 3 of 3
Ordinances - R5 K
1�r� I�1��1 I �EA� H � .
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025 10:20 a.m. Second Reading Public Hearing
TITLE: VOTING REQUIREMENTS FOR THE RELEASE OF COVENANTS REQUIRlNG
NON-TRANSIENT USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE I, ENTITLED "GENER�►L TO ALL ZONING "
DISTRICTS," BY CREATING SECTION 7.1.12 THEREOF, ENTITLED
"AMENDMENT OR RELEASE OF COVENANTS RESTRICTING TRANSfENT
USES SUBMITTED BY PROPERTY OWNERS," TO ESTABLISH A MfNIMUM
VOTING THRESHOLD FOR THE RELEASE OF A COVENANT RESTRICTING
TRANSIENT USES; AND PROVIDING FOR CODIFICATION, REPEALER,
' SEVERABILITY, AND AN EFFECTIVE DATE. ,
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On November 20, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion pertaining to voting requirements for the release of future covenants
regulating non-transient residential uses (C4 R) to the Land Use and Sustainability Committee
(LUSC). On January 16, 2025, the LUSC�recommended that the City Commission refer an
amendment to the Land Development Regulations of the City Code(LDRs)to the Planning Board.
On February 26, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed ordinance to the Planning Board (C4 F)_ Commissioner Joseph Magazine
is a co-sponsor.
ANALYSIS
On November 20, 2024, the City Commission adopted a �residential use incentive ordinance,
which amended Chapter 7, Article I of the LDRs. Specifically, Section 7.1.11, which is applicable
to all zoning districts in the city where non-transient residential uses may be incentivized, was
created, inclusive of the following regarding a future release of the covenant:
The covenanf sha11 expressly provide that an affirmafive vote of six-sevenfhs of a!! members
of the city commission sha/1 be required rn order ta re/ease fhe covenant or to modify the
covenant rn such a manner as to impose a less strrngent restriction after it is executed.
To apply this provision to all future covenants that require non-transient residential uses, the
' attached draft ordinance includes a separate, new section under Chapter 7, Article I. This new
section provides that in all instances where a restrictive covenant goveming transient uses is
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recorded, an affirmative vofe of six-sevenths of all members of the city commission shall. be
required to re(ease or modify the covenant after it is executed.
PLANNIRIG BOARD REVtEW
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).
UPDATE
The subject ordinance was approved at First Reading on May 21, 2025, with no changes.
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: 6/20/2025 �
See BIE at:.https:I/www.miamibeachfl.aov/citv-halllcitv-clerklmeetinq-notices/
FtNANCIAL INFORMATION
Not Applicable �
CONCLUStON
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide � , '
Is this a "Residents Riqht to Know" item, Is this item �elated to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes � No
Was this Aaenda Item initiallv reauested bv a lobbvist which, as de�ned in Code Sec. 2-481, �
includes a principal enaacted in lobbvinu? No
If so, specify the name of lobbyist(s) and principal(s):
Department � .
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s) � ,
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Commissioner JosepF� Magazine
Commissioner David Suarez
Condensed Titte
�10:20 a.m. 2nd Rdg, Voting Req, Release Covenants Req Non-Trans Uses. (AF/JM/DS) PL 5/7
Previous Action (For Citv Clerk Use Onlv)
First Reading Public Hearing on 5/21/2025 - R5 O
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