Planning Board Delays Multi-Family Rental Decision

Tuesday evening, the Miami Beach Planning Board heard from the community regarding an ordinance to regulate rentals in multi-family districts.

To view the Board's public hearing and discussion on this matter,

1. Go to the City's video archive - mms://stream.miamibeachfl.gov/tv20%20archive/planning%20board/plb_20090324_001.asf
2. Scroll your video browser to 2:11:50

The Planning Board voted to continue the matter until their May 26th meeting, at which time, the Staff Report will address the following concerns/requests of/by the Board:

1. Look at the implementation of the ordinance on a neighborhood by neighborhood basis instead of zone by zone.
2. Provide neighborhood impact due to the implementation of this ordinance.
3. Potential to prohibit new construction from exercising the short term rental ordinance provisions.
4. Provide a list of licenses issued by the city or county for transient use apartments, to get an idea of how many properties currently have licenses.
5. Review the regulatory scheme as drafted to close possible compliance holes.
6. Review legal concerns, such as Florida Chapter 509.
7. Explore the "grandfathering" of currently operating properties.

Stay tuned.

Planning Board to Hear Multi Family Rental Ordinance

Tuesday, March 24th, the City of Miami Beach Planning Board will vote on an ordinance to allow, in multi-family districts, short term rentals with restrictions, regulations, and penalties.

The Public Hearing for this item is not time certain; therefore, it could be anytime after 3:00pm.

Please read the Staff Report and Ordinance.

In brief, the Ordinance would:

• Continue to allow short term rentals in apartment buildings,
• Prohibit short term rentals in condo buildings which prohibit short term rentals within the association's condo docs,
• Regulate short term rentals through a licensing program administered by the City,
  
• Require Fire Code inspections, as per State Fire Codes,
• Provide for severe penalties for any infraction of the Ordinance or other nuisance ordinances such as trash, noise, or parties.

Venice, FL - Videos of Public Hearing

The City of Venice Florida attempted to prohibit the rental of single family homes renting for less than 30 days based on a planning director's interpretation that rentals less than 30 days are a commercial use which are prohibited in residential zones.

Several property owners filed suit. The Florida courts found that Venice Florida's interpretation was illegal and that single family homes could be rented for less than 30 days.

The City of Miami Beach relied on a similar interpretation to deny property owners the right to rent single family homes for less than six months. A judge will likely rule that this interpretation was also illegal.

The Venice case serves as a precedent for Miami Beach property owners in their claim that property rights have been "taken" by the recent City of Miami Beach ordinance prohibiting rentals of less than six months.

Richard Rumrell, attorney for Venice property owners, speaks to the Venice Commission on the topic of "short term rental" restrictions prior to the Judge's ruling in March 2008.