C4B-Ref- Planning Board - Modify Requirements Short Term Rentals In RM-1 Areasg MIAMIBEACH
City of Miomi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members o/the CitV #mission
Jimmy L. Morales, City Manager J- W
July 23,2014
REFERRAL TO THE PLANNING BOARD.
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO MODIFY THE REQUIREMENTS FOR SHORT TERM RENTALS IN RM.l
AREAS OF THE COLLINS WATERFRONT HISTORIC DISTRICT
ADMINISTRATION RECOMMENDATION
Refer the attached Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission referred
this request to the Land Use and Development Committee. On June 12, 2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer the
proposed Ordinance Amendment to the Planning Board.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low rise, single-
family and multiple-family residences. The main permitted uses in the RM-1 district are single-
family detached dwellings, townhomes and residential apartments. With the exception of those
properties fronting Harding Avenue or Collins Avenue, from the City Line on the north to 73rd
Street on the south, hotels are not permitted within the RM-1 zoning district.
Section 142-1111 of the City Code regulates the short-term rental of apartment units or
townhomes. Under the City Code, 'short term rentals' are defined as the rental of apartment or
townhome residential properties in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2,
CD-1, RO, RO-3 or TH for periods of less than six months and one day. Properties zoned RM-2,
RM-3, CD-2 and CD-3 permit hotels, so rental periods less than 6 months are permitted, subject to
all applicable building and fire regulations.
The RM-1 zoning district, within the Collins Waterfront Historic District, does not permit hotels, and
therefore does not permit short-term rentals of apartments. Ordinance 2010-3685, adopted by the
City on June 9, 2010, clarified this, while grandfathering-in a small number of existing short term
rentals in very limited circumstances within the Flamingo Park neighborhood. Section 142-1111 of
that ordinance contained the forward looking statement that other neighborhoods may be added to
this provision permitting short term rentals in the future by action of the City Commission.
The attached Ordinance, initially drafted by a property owner in the Collins Park Neighborhood,
TO:
FROM:
DATE:
SUBJECT:
Agenda ttem C{B
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Commission Memorandum
Collins Waterfront District - Update STR Procedures Ordinance
July 23, 2014 Page 2 of 2
and since updated by planning staff, would allow short term rentals in the RM-1 districts in the
Collins Waterfront Historic District, under similar limited circumstances. Apparently there are
already several buildings in this area (roughly bounded by Collins Canal on the south, Pinetree
Drive on the west, 25th Street on the north, and Lake Pancoast on the east) already engaged in
short-term rentals. This ordinance would legalize those properties currently operating such
transient operations.
Attached, is a map showing the subject RM-1 zone, as well as the adjacent zoning districts. The
subject area is bounded by more intense commercial and high density multi-family districts to the
immediate south (Cd-3 zone across Collins Canal) and east (RM-3 District across Lake Pancoast).
To the west of the subject area arc Government (Fire Station 2) and lnstitutional (Hebrew
Academy) uses. The area to the immediate north of West 25th Street is zoned single-family.
The proposed Ordinance would provide more flexibility in terms of allowable uses for recently
restored historic buildings within the RM-1 zoned area of the Collins Waterfront Local historic
district. ln order to provide an appropriate buffer from the more low scale single family district, it is
suggested that any property within this district that has a property line on West 25th Street not be
permitted to have short term rentals. Also, the eligibility for short term rentals should be limited to
fully restored, 'Contributing' buildings within the district.
ln addition to the modifications contained in the attached draft Ordinance, the Administration
recommends that applicable definitions pertaining to terms such as 'Rooming House' be further
clarified, as part of this Ordinance Amendment.
ln summary, with appropriate safeguards, and given the intensity of the districts and uses on the
west, south and east sides of the subject RM-1 district, the proposal for a limited short-term rental
eligibility window is not expected to have any detrimental impacts on the surrounding area. The
draft Ordinance attached includes the safeguards and eligibility limitations delineated herein.
GONCLUSION
ln accordance with the June 12, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission:
1. Refer the attached Ordinance Amendment to the Planning Board;
2. lnclude additional modifications to clarify applicable definitions pertaining to short term
rentals.
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Short Term Rentals in Collins Waterfront District
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE GODE OF THE CITY OF
MIAMI BEACH, BY AMENDING 142, "ZONING DISTRIGTS AND
REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS", DIVISION 3, "SUPPLEMENTARY USE
REGULATIONS'" TO MODIFY THE REGULATIONS AND
REQUIREMENTS FOR SHORT TERM RENTALS TO INCLUDE
PROPERTIES LOGATED WITHIN THE GOLLINS WATERFRONT
LOCAL HISTORIC DISTRICT; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for the short term rental of
apartments and townhomes in those zoning districts that do not permit hotel uses; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the short term rental of apartments and townhomes for the Collins
Waterfront Historic District; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated , 2014 by a vote of _; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations", Article lV,
"Supplementary District Regulations", Division 3, "Supplementary Use Regulations", of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-1111. Short-term rental of apartment units or townhomes.
(a) [Limitations./ The rental of apartment or townhome residential properties in districts
zoned RM-1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for
periods of less than six months and one day, unless expressly provided for in these land
development regulations (such as for a portion of the RM-1 district, and for apartment
hotels in the RPS-1 and RPS-2 districts) are not a permitted use in such districts unless
conducted in accordance with this section.
(b) Previously existing short-term rentals in specified districts. For a period of six months
after the effective date of the ordinance enacting this section (June 19,2010), owners of
certain properties located in the following districts shall be eligible to apply for approval
of a certificate of use permitting short-term rental of apartment and townhome residential
units for these properties under the requirements and provisions set forth below. Other
neighborhoods may be added to this provision in the future by action of the city
commission.
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Districts: Properties within the RM-1 and TH zoning districts in the Flamingo Park and
Espanola Way Historic Districts.
Eligibility: Those properties that can demonstrate a current and consistent history of
short{erm renting, and that such short-term rentals are the primary source of income
derived from that unit or building, as defined by the requirements listed below.
(1) For apartment buildings of four or more units, or for four or more apartment units
in one or more buildings under the same resort tax account.
ln order to demonstrate current, consistent and predominant shortterm renting,
the property must comply with all of the following:
a. Have been registered with the city for the payment of resort tax and made
resort tax payments as of March 10,2010; and
b. Have had City of Miami Beach Resort Tax taxable room revenue equal to at
least 50 percent of total room revenue over the last two-year period covered by
such payments; and
c. Have been registered, with the State of Florida as a transient apartment or
resort condominium pursuant to Chapter 509, Florida Statutes, as of March 10,
2010.
For properties containing more than one apartment building, eligibility may apply
to an individual building satisfying a. through c. above.
(2) For apartment and townhouse buildings of three or less units, or for three or less
apartment units in one or more buildings under the same state license:
ln order to demonstrate current, consistent and predominant short-term renting,
the property must:
a. Have been registered with the State of Florida as a resort dwelling or resort
condominium pursuant to Chapter 509, Florida Statutes, as of March 10, 2010.
(c) Time periods to apply for short-term rental approvals.
(1) Owners demonstrating compliance with subsections (bXl) or (2) above, shall
apply for a certificate of use permitting shortterm rental as detailed in subsection
142-1111(f) within a time period of six months from the effective date of this
section (June 19,2010), or be deemed ineligible to proceed through the process
specified herein for legalization of short-term rentals.
(2) Within three months of the effective date of the ordinance enacting this
section (June 19, 2010), eligible owners shall apply to obtain all necessary
approvals to comply with the Florida Building Code, Florida Fire Prevention Code
and with all other applicable life safety standards.
(3) Compliance with the applicable requirements of the Florida Building Code and
Florida Fire Prevention Code, shall be demonstrated by October 1,2011, or
rights to engage in shortterm rental under this section shall be subject to
restrictions and/or limitations as directed by the building official and/or fire
marshal. This subsection shall not prevent these officials from undertaking
enforcement action prior to such date.
(4) Applications under this ordinance may be accepted until 60 days after
adoption of this subsection (adopted on April 11,2012;60 days expire June 11,
2012), upon determination to the planning director that a government licensing
error prevented timely filing of the application.
(d) Collins Waterfront Local Historic District.
(1) Owners of propertv located in the Collins Waterfront Local Historic District. shall be
elioible to applv for approval of a certificate of use permittinq shortterm rental of
apartment and townhome residential units under the requirements and provisions set
forth below:a. Onlv those properties not havinq a lot line on West 25th Street shall be
eliqible for short term rentals:
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b. Onlv buildinos classified as 'Contributinq' in the Citv's Historic Properties
Database shall be eliqible for short term rentals. The buildins and
propertv shall be fullv renovated and restored in accordance with the
Secretarv of the lnterior Guidelines and Standards. as well as the
Certificate of Appropriateness Criteria in Chapter 1 18. Article X of these
Land Development Requlations:c. The propertv must have reqistered with the State of Florida as a transient
or condominium pursuant to Chapter 509. Florida Statutes. as of
d. The propertv must have reoistered with the Citv for the pavment of resort
tax and made resort tax pavments as of :e. For properties containino more than one apartment buildino, eliqibilitv
mav applv to an individual buildinq satisfvino a. throuoh d. above.
(2) Time period to applv for short-term rental approvals for those properties located in
the Collins Waterfront Architectural District.
a. Owners demonstratino compliance with subsections (dX1)a-e above. shall
applv for a certificate of use permittino short-term rental as detailed in subsection
142-1111(e) within a time period of six months from the effective date of this
section ( ). or be deemed ineliqible to proceed throuqh the
process specified herein for legalization of short-term rentals.
b. Within three months of the effective date of the ordinance enactino this section( ). elioible owners shall applv to obtain all necessarv approvals to
complv with the Florida Buildinq Code, Florida Fire Prevention Code and with all
other applicable life safetv standards.
c. Compliance with the applicable requirements of the Florida Buildinq Code and
Florida Fire Prevention Code. shall be demonstrated bv or
rishts to enqaoe in shortterm rental under this section shall be subiect to
restrictions and/or limitations as directed bv the buildino official and/or fire
marshal. This subsection shall not prevent these officials from undertakino
enforcement action prior to such date.(3). ln the event a buildinq approved for short-term rentals in accordance with
subsections (d)(1) and (d)(2) above is demolished or destroved, for anv reason, the
future use of anv new or future buildino on that propertv shall not be permitted to enoaoe
in short-term rentals. nor applv for short-term rental approval.
(C) (O Regulations. For those properties eligible as per (b) or (d) above, unless
otherwise expressly provided for in these land development regulations, short-term
rental of apartment and townhome residential units shall be permitted, provided that the
following mandatory requirements are followed :
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in short-term rental, must obtain a certificate of
use permitting short-term rental under this section. The application for approval
to engage in short-term rentals shall be on a form provided for that purpose, and
contain the contact information for the person identified in subsection (3) below,
identify the minimum lease term for which short-term rental approval is being
requested, and such other items of required information as the planning director
may determine. The application shall be accompanied by the letter or documents
described in subsection (9) below, if applicable.
The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All shortterm rentals under this section must be pursuant to a
binding written agreement, license or lease. Each such document shall contain,
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at a minimum: the beginning and ending dates of the lease term; and each
lessee's contact information, as applicable. No unit may be rented more
frequently than once every seven days.
(3) Contact person. All rentals must be supervised by the owner, manager, or a
local and licensed real estate broker or agent or other authorized agent licensed
by the city, who must be available for contact on a 24-hour basis, seven days a
week, and who must live on site or have a principal office or principal residence
located within the Flaminge Park er Espanela Way histerie foreqoins districts.
Each agreement, license, or lease, of scanned copy thereof, must be kept
available throughout its lease term and for a period of one year thereafter, so that
each such document and the information therein, is available to enforcement
personnel. The name and phone number of a 24-hour contact shall be
permanently posted on the exterior of the premises or structure or other
accessible location, in a manner subject to the review and approval of the city
manager or designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section
114-1, legally created pursuant to applicable law, may be rented under this
section, not individual rooms or separate portions of apartment units or
townhomes.
(5) Rules and procedures. The city manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Signs. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting public right-of-way.
(7) Ettect of violations on /icensure. Approvals shall be issued for a one-year
period, but shall not be issued or renewed if violations on three or more separate
days at the unit, or at another unit in the building owned by the same owner or
managed by the same person or entity, of this section, issued to the short-term
rental licensee were adjudicated either by failure to appeal from a notice of
violation or a special master's determination of a violation, within the 12 months
preceding the date of filing of the application.
(8) Resorf faxes. Owners are subject to resort taxes for rentals under this
section, as required by city law.
(9) Association rules. Where a condominium or other property owners
association has been created that includes the rental property, a letter from the
association dated not more than 60 days before the filing of the application,
stating the minimum rental period and the maximum number of rentals per year,
as set forth under the association's governing documents, and confirming that
short{erm rentals as proposed by the owner's application under subsection (1)
above are not prohibited by the association's governing documents, shall be
submitted to the city as part of the application. lf the applicant, after best efforts,
is unable to obtain such a letter from the association, he or she may submit the
Iatest version of the association's documents to the city attorney's office for
confirmation of the above.
(10) Variances. No variances may be granted from the requirements of this
section.
($ (fl Enforcement.
(1) Violations of section 142-1111(b) shall be subject to the following fines. The
special master may not waive or reduce fines set by this section.
a. lf the violation is the first violation: $500.00.
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b. lf the violation is the second violation within the preceding 12 months:
$1,500.00.
c. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
d. lf the violation is the fourth violation within the preceding 12 months:
$7,500.00.
e. lf the violation is the fifth or greater violation within the preceding 12
months: suspension or revocation of the certificate of use allowing short-
term rental.
Fines for repeat violations by the same offender shall increase regardless
of locations.
(2) ln addition to or in lieu of the foregoing, the city may seek an injunction by a
court of competent jurisdiction to enforce compliance with or to prohibit the
violation of this section.
(3) Any code compliance officer may issue notices for violations of this section,
with enforcement of subsection 142-1111(a) and alternative enforcement of
subsection 142-1111(b) as provided in chapter 30 of this Code. Violations shall
be issued to the owner, manager, real estate broker or agent, or authorized
agent, or any other individual or entity that participates in or facilitates the
violation of this section. ln the event the record owner of the property is not
present when the violation occurred or notice of violation issued, a copy of the
violation shall be served by certified mail on the owner at its mailing address in
the property appraiser's records and a courtesy notice to the contact person
identified in subsection (dX3) above.
SECTION 2. 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
part of the Code of the City of Miami Beach, Florida. 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
5
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PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
CITY CLERK
City Attorney
First Reading: September 10,2014
Second Reading: October_,2014
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+r**nreush = deleted language
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