C4A-Ref- NCAC - Commercial Use Of Residential PropertiesMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member
DATE: April9, 2014
SUBJECT: Discussion And Referral To he Neighborhood/Community Affairs Committee
(NCAC) Regarding Commercial se Of Residential Properties.
Over the past year, there have been increases in the number of charitable/commercial events
within residentially zoned areas, many of which have adversely impacted the neighborhoods
with the noise, unruly behavior and illegal parking issues that frequently occur. Currently,
Miami Beach City Code Section 142-109 addresses the prohibition of the commercial use of
single-family homes and its limited exceptions (see Section 142-109 below).
In response to the increasing concerns raised by residents living in these affected
neighborhoods, particularly as it relates to the unwanted consequences that arise with these
events the Administration recommends that this subject be referred to the NCAC for
discussion and consideration of possible amendments to the current ordinance to help
maintain the quality of life residents deserve.
Sec. 142-109. Commercial use of single-family homes prohibited.
(a) Intent and purpose: The land development regulations restrict residential properties to
residential and compatible 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: "Use of residential property" or "use of the property" in this section shall mean
occupancy of residential property for the purpose of holding commercial parties, events,
assemblies or gatherings on the premises.
(c) Regulations: Determination of commercial use.
(1) Accessory use of residential property shall be deemed commercial and not
permitted, except as otherwise provided for in the Code, if:
a. Compensation to owner. The owner, lessee or resident receives payment
or other consideration, e.q., goods, property or services, in excess of $100
per party or event for the commercial use of the property, including
payment by any means, direct or indirect, including security deposits; or
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b. Goods, property or services offered or sold. Goods, property or services are
offered for sale or sold on or at the property, during use of the property;
however, this subsection shall not apply, if:
1. All of the goods, property or services offered 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
2. All of the proceeds from sales are directly payable and paid 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. An organization or
candidate may reimburse donors for goods or property donated; or
3. 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 subsection (3) below.
4. Notwithstanding the restrictions in subsections (1 )b.1.-3., 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:
i. Is by private invitation only, not publicly advertised;
ii. Creates no adverse impacts to the neighborhood;
iii. The activity and its impacts are contained on the property;
iv. Parking is limited to that available on-site, plus 11 vehicles
legally self-parked near the property, with no busing or
valet service; and
v. Frequency is no greater than one event per month; or
c. Admittance fees. Use of the property by attendees requires an admittance or
membership fee or a donation, excluding donations directly 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.
(2) 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 construed to prohibit the display of real estate for sale
or lease signs for the property. Advertising that promotes activities that violate
this section shall be deemed a violation of the section, with such violations
determined per event and not per advertisement.
(3) Real estate open houses. The following events are permitted: Open houses
(open to the public) organized for the purpose of promoting the sale or lease of
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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:
a. No sale or display of goods, property or services by sponsoring
businesses unrelated to the property; and
b. No charging admittance fees.
c. Events described in this subsection must end by 8:00p.m.
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