One of Miami Beach’s priorities is to maintain the character of its neighborhoods. There have been recent discussions about whether to allow homes in residentially-zoned neighborhoods to be used for transient or seasonal use. Under existing land development regulations, single-family homes are prohibited from being used as transient or seasonal use, the lease of a residence for less than six months. Hotels are also not permitted in certain single-family home districts according to zoning laws.
It has come to the city’s attention that numerous single-family homes are used for short-term rentals, including on a daily or weekly basis. This use may not only disrupt the residential character of the neighborhood, especially without regulations protecting against it, there could be health and safety concerns. There is also concern that homeowners’ sense of community and privacy could be compromised. And there was alway a concern that allowing short-term rentals would affect bookings at Miami Beach hotels.
The City of Miami Beach is considering an ordinance amendment that concerns short-term/ seasonal rentals in single-family districts and amending or adding new regulations concerning short-term rentals in zoning districts that do not permit hotels or transient occupancies.
Currently, when a home is used as a transient to seasonal use, the owners are cited for the applicable City Code provisions that prohibit such hotel or transient use. In the proposed amendment, violators of the ordinance can be subject to fines from $2,500 to $20,000.
The proposed amendments to the ordinance will come up at a City Commission meeting scheduled for November 5, while other provisions regulating short term rentals of multi-family units will be referred to the Planning Board for futher review.
PROPOSED REGULATIONS:
• All seasonal rentals must have a binding written lease for a 30-day minimum. No home may be rented more frequently than three times in any calendar year.
• All rentals must be to one family, or a group of not more than three persons (excluding domestics), living together as a single housekeeping unit. This does not authorize the establishment of rooming houses in these districts.
• All rentals must be supervised by the owner, or a local and licensed real estate broker or agent, who must be available for contact on a 24-hour basis, seven days a week and must have a principal office or residence located within the city limit.
• The city manager or his designee may adopt administrative rules and procedures to assist in the uniform enforcement of the ordinance.
• No signs advertising the property for seasonal rental are permitted on the property or abutting right-of-way.
• Lessors must obtain a seasonal rental permit, subject to annual review, providing the contact information for the person identified. A permit cannot be issued or renewed if more than two violations on the property, of the noise, commercial use or this new ordinance, were adjudicated within the preceding 18 months.
• Lessors are subject to resort tax for leases.
• No variances may be granted from the requirement outlined.
–City of Miami Beach
