Tuesday, June 17, 2008

Short Term Rentals - History

In 2000, the Director of Planning and Zoning was asked to interpret the City's zoning code pertaining to rentals of non-commercial property. He interpreted the code to state that rentals for periods of less than 6 months are prohibited (click here to see a copy of the interpretation).

The Zoning Code can be found in Chapter 142 of the City Code at
http://www.municode.com/resources/gateway.asp?pid=13097&sid=9.

In the City's attempt to banish so-called "party houses", the City passed an ordinance in February prohibiting the "commercial use" of residential zones (R-1 through R-4).

The City's next step is to codify the prohibited rental of residential property for less than six months. This will further prevent party promoters from renting houses and having gatherings.

However, it will also prohibit anyone (seasonal workers, new residents shopping for a permanent home, tourists, convention goers, visiting families, etc.) from renting short-term.

Please click here to read the "Party Ordinance" to understand the background surrounding the short-term rental ban.

Recently, some property owners have received code violations for renting non-commercial units (single family homes, apartments, condos, etc.) for less than 6 months. These include furnished and unfurnished rentals. Additionally, some property owners have been issued violations even though they have resort licenses and pay the City's resort tax. This prompts the question "Why does the City issue licenses and collect tax for rentals they say are prohibited by the code?"

The City's resort tax is listed in Chapter 102 Article IV of the City Code which can be found at
http://www.municode.com/resources/gateway.asp?pid=13097

Now, the Mayor and City Commission have asked Planning and Zoning to draft new ordinances to give the Commission two options:

  1. Prohibit rentals of less than 6 months in duration, or
  2. Allow short term rentals but not less than 90 days and no more than 3 rentals total in a 12 month period. There are many other restrictions that are worth reading (number of renters, local representatives, licensing, etc.).

The Planning and Zoning Committee will be meeting on 6/24/2008 to discuss these code changes. Contact the Mayor and City Commissioners before this meeting to let them know how you feel.


No comments:

About Us

My photo
We are a grass-roots coalition of property owners dedicated to protecting the rights of property owners in Miami Beach, Florida. If your property rights are being threatened we want to hear from you. This website is intended for informational purposes only, reflects various opinions of our members, and is not intended as legal advice. Do not rely on the opinions or information stated herein as legal advice.