Section 33-124.1 of the County Code prohibits right of way parking or storage of vehicles that have signage or indications of being a commercial vehicle such as storage of ladders, mounted temporary or permanent roof racks, etc. Commercial vehicles are defined in three (3) categories based on size, signage, purpose, etc.:
1. Category 1. A vehicle that is: a taxicab; a limousine under 20 feet in length; or any passenger
vehicle truck or van with a maximum height of 8 feet from the ground marked with a sign,
letters, identification numbers or emblem advertising or associating it in any way with a
commercial enterprise other than those which identify the vehicle maker or dealer.
i. A sport utility vehicle marked with a sign, letters, identification numbers or emblem
advertising or associating it in any way with a commercial enterprise, other than those
which identify the vehicle maker or dealer, shall be considered as a Category 1 vehicle.
ii. For purposes of this section, a passenger vehicle bearing an emblem or lettering of a
government entity shall also be considered as a Category 1 vehicle.
2. Category 2. A vehicle that is 8 feet or less in height that displays externally stored or mounted
equipment, either in a fixed or temporary manner, that bears the indicia of a commercial
activity.
i. Equipment that is presumed to bear the indicia of commercial activity includes, without
limitation, food vending equipment, ladders, paint cans, lawn care equipment, or fixtures
and brackets necessary to carry such items.
ii. Trailers or utility trailers less than 20 feet in length which are enclosed or of an
unenclosed design shall also be considered Category 2 vehicles.
3. Category 3. A vehicle, other than a recreational vehicle as defined in section 33-20, exceeding
20 feet in length or more than 8 feet in height from the ground.
i. This category includes, without limitation: tow trucks; dump trucks; construction or earth
moving vehicles or equipment; truck tractors as defined in Section 320.01, Florida
Statutes, and trailers or semitrailers as defined in Section 316.003, Florida Statutes, to
the extent they meet the preceding dimensions either separately or in combination; and
commercial motor vehicles as defined in Section 320.01, Florida Statutes.
ii. Notwithstanding any provisions to the contrary, this category does not include farm
equipment as defined in Section 33-279.
The Miami Beach Code (section 142-1103) limits on-street parking of commercial vehicles defined as Category 2 and 3 in the County Code to light industrial districts. The Parking Department uses these categories as well as manufacturer designation to identify commercial vehicles. A vehicle sold as a commercial vehicle that does not have passenger seats or rear windows is most likely used to transport equipment rather than passengers. To date, these vehicles have not been allowed to park on the right of way,
Whether in permitted zones or in general residential areas, commercial vehicles have become more prevalent. Anecdotally, the Parking Department has observed some residents using their vehicle for commercial and personal purposes while others use commercial rated vehicles for personal storage -- from mattresses to recliners and recreational equipment. Residents have been observed using commercial vehicles to store items as well as to transport equipment such as bicycles, kayaks, etc. A 15-passenger van has also been identified as a dual-use vehicle being used by a resident for personal and business purposes.
Commercial vehicles are not issued residential permits due to the lack of residential parking, and to preserve home values, quality of life, and the appearance of residential zones. A shortage of residential parking is a reality in most residential areas. In North Beach, where there are numerous multifamily buildings with limited parking facilities, residential parking is a challenge. In the Flamingo Park zone (zone 2), for example, there are approximately 2,856 parking spaces as compared to 5,552 residential permits. This number does not include visitor virtual permits. At a ratio of almost 2:1 permits to parking spaces, residents who return home late at night, have difficulty finding a parking space. Relaxing in any way commercial space restrictions could add to parking shortages as business owners and employees may seek to park commercial vehicles in their residential zone instead of paying to store at private parking facilities.
Potentially adding to the current parking shortages is the high number of permits issued per household. There is currently a limit of six (6) permits per household in residential zones. To remedy this issue, the permit limit could be amended to a limit of two (2) permits per household with exceptions to be approved by the Parking Director.