Miami Beach City Code - New Ordinances

The City of Miami Beach passed a new ordinance in June 2010 limiting short-term rentals within the historic districts of Flamingo Park and Espanola Way in South Beach. Below is the legal text from Section 142-1111 and Section 142-905 of the Miami Beach City Code Ordinances which restrict the use of Miami Beach accommodations as short term rentals.

This first document is an excerpt from Section 142-1111 of the ordinance and is related to the restriction of short term rentals of a Miami Beach accommodation in a condo or townhome. This 2010 ordinance banned short term rentals in all residential districts with exceptions for a few buildings that were grandfathered in thus allowing them to continue the short term rental of their Miami Beach accommodations.

Sec. 142-1111. - Short-term rental of apartment units or townhomes

[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.

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.

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-term 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.

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. In order to demonstrate current, consistent and predominant short-term 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.
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.

This next excerpt is the legal text from Section 142-905 of the 2008 ordinance related to the ban of short term rentals in Miami Beach accommodation homes. This ordinance banned short term rentals in all homes located in single-family districts with no exceptions. Other municipalities in Miami have passed similar laws.

Sec. 142-905- Short term rentals for single family homes

(b) Permitted accessory uses in single-family districts:
(5) Leases of single-family homes to a family (as defined in section 114-1) for not less than six months and one day, including extensions for lesser periods of leases permitted under this subsection to original leaseholders.