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Home My WebLink AboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1579 TO BE WITHDRAWN SPONSOR(S): Tomas Regalado Final Action Date: 3/9/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS," TO ADD DEFINITIONS FOR COMMERCIAL SHORT-TERM RENTAL, HOME SHARE SHORT-TERM RENTAL, SHORT-TERM RENTAL, AND TEMPORARY SHORT TERM RENTAL; BY AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTAL REGULATIONS," TO ADD SECTION 6.3.6, ENTITLED "SHORT-TERM RENTALS," TO ADD SUPPLEMENTAL REGULATIONS FOR MULTIPLE CATEGORIES OF SHORT-TERM RENTALS; AND BY AMENDING ARTICLE 7, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO ADD SECTION 7.2.1.10, ENTITLED "SHORT-TERM RENTAL PERMIT," TO ESTABLISH AN APPLICATION PROCESS FOR SHORT-TERM RENTALS, AND AN ADMINISTRATIVE PROCESS TO TRACK AND REGULATE SHORT-TERM RENTALS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on August 11, 2015, the City of Miami issued zoning interpretation 2015- 001, clarifying that short-term rentals are prohibited in T3-R, T3-L, and T3-O Transect Zones, but did not otherwise address the overall permissibility of short-term rentals; and WHEREAS, it has been determined that adding Article 6, Subsection 6.3.6 and Article 7, Subsection 7.1.2.10 are required to responsibly track and regulate Short -Term Rentals; and WHEREAS, recent studies, including the Journal of the American Planning Association, Winter 2017, demonstrate that short-term rental platforms, such as AirBNB, remove rental dwelling units from existing housing stock, thus creating upward pressure on affordable housing rents; and WHEREAS, full-time operators listing their dwelling units for rent more than 360 days per year account for more than $47 million, forty per cent (40%), of AirBNB's revenue and more than $76 million, sixty-two per cent (62%), in short-term rental revenue come from operators who list multiple units for rent in the Miami area according to a May 2016 report from the American Hotel and Lodging Association; and WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting of March 1, 2017, Item No. PZAB._, following an advertised hearing, adopted Resolution No. PZAB-R-17- City of Miami Page 1 of 5 File ID: 1579 (Revision:) Printed On: 1/17/2025 File ID: 1579 Enactment Number: by a vote of to (_-_), RECOMMENDING of this item to the City of Miami City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 1, Article 6, and Article 7 in the following particulars:' ARTICLE 1. DEFINITIONS 1.2 DEFINITION OF TERMS CC* * * * Commercial Short -Term Rental: A Residential unit used exclusively as a Short -Term Rental. Home Share Short -Term Rental: A portion of an owner occupied Residential unit used as a Short -Term Rental. * Short -Term Rental: Any Residential unit, or portion of a Residential unit, rented on a nightly basis for any length of time less than 30 days. Temporary Short -Term Rental: A primarily owner occupied Residential Unit used entirely as a Short -Term Rental, for 7 or fewer days per month. ARTICLE 6. SUPPLEMENTAL REGULATIONS 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted an unchanged material. City of Miami Page 2 of 5 File ID: 1579 (Revision:) Printed on: 1/17/2025 File ID: 1579 Enactment Number: 6.3 COMMERCIAL USES 6.3.6 Short -Term Rentals Short -Term Rentals shall only be permitted in Transect Zones that permit Lodging as a Use. Residential units functioning as Short -Term Rentals shall abide by Miami Dade County's minimum housing standards, noise regulations established in the City Code, and fire and life safety standards. a. Home Share Short -Term Rental 1. Only permitted in Transect Zones that permit a Bed & Breakfast, by the same process required for that Use. 2. The Residential unit must be occupied by the owner or lessee, and the owner or lessee must reside in the unit throughout the stay. b. Temporary Short -Term Rental 1. Only permitted in Transect Zones that permit an Inn, by the same process required for that Use. 2. The Residential Unit must be owner -occupied for an average of 14 days per month, and a responsible party must be identified to address maintenance or safety concerns. 3. Only one Temporary Short -Term Rental is permitted per person. Any additional Short -Term Rental owned by same person shall be considered a Commercial Short -Term rental. 4. A cooling -off period of one year will be required after the purchase or other conveyance of a Dwelling Unit, during which time a Temporary Short -Term Rental shall not be permitted. c. Commercial Short -Term Rental 1. Only permitted in Transect Zones that permit a Hotel, by the same process required for that Use. 2. The Residential Unit must be occupied by the owner or lessee, and the owner or lessee must be present throughout the stay. 3. Commercial Short -Term Rentals shall be limited to Residential Density Increase Areas. 4. A Maximum of 100 Commercial Short Term Rentals will be allowed, City- wide, determined through a lottery process. 5. A cooling -off period of one year will be required after the purchase or other conveyance of a Dwelling Unit, during which time a Commercial Short -Term Rental shall not be permitted. City of Miami Page 3 of 5 File ID: 1579 (Revision:) Printed on: 1/17/2025 File ID: 1579 ARTICLE 7. PROCEDURES AND NONCONFORMITIES * * 7.1.2 Permits * * 7.1.2.10 Short -Term Rental permit Enactment Number: All Short -Term Rentals are required to register with the Office of Zoning prior to issuance of a Short -Term Rental permit. a. Application for a Short -Term Rental permit requires the following 1. All applicants for a Short -Term Rental Permit will be assessed a $100 fee that will be added to the Affordable Housing Trust Fund. 2. Submittal of a warranty deed or valid lease agreement. 3. Proof of homeowner's insurance. 4. Written permission from condominium or homeowner's association, if applicable. 5. Annual recertification and payment of $100 fee will be required. b. Notice 1. Notice of Short -Term Rental permit application will be required as Article 6, Section 6.3.6 and Article 4, Table 3. 2. A full listing of Short -Term Rentals will be maintained on the City of Miami's website. c. Appeal process 1. The issuance or revocation of a Short -Term Rental Permit shall be appealable to the Planning, Zoning, and Appeals Board. d. The permit holder will be responsible for collecting and remitting all applicable room and/or hotel taxes as required by law. e. More than 3 code compliance violations in a calendar year will lead to revocation of Short -Term Rental Permit. *„ Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, City of Miami Page 4 of 5 File ID: 1579 (Revision:) Printed on: 1/17/2025 File ID: 1579 Enactment Number: Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof: 2 APPROVED AS TO LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 File ID: 1579 (Revision:) Printed on: 1/17/2025