ACCESSORY DWELLING UNITS (ADU) REVISIONS FOR PALM VIEW HISTORIC DISTRICT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, AT CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 5, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4, "SUPPLEMENTARY USE REGULATIONS," SECTION 7.5.4.13, ENTITLED "ACCESSORY USES," AT SUBSECTION D, ENTITLED "PERMITTED ACCESSORY USES IN SINGLE FAMILY DISTRICTS," TO PERMIT THE RENTAL OF ACCESSORY DWELLING UNITS TO A FAMILY UNRELATED TO THE FAMILY OCCUPYING THE PRIMARY DWELLING UNIT WITHIN THE PALM VIEW HISTORIC DISTRICT IF SPECIFIC CRITERIA ARE MET; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

On February 22, 2023, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item (C4 D) regarding accessory dwelling units (ADU’s) in the Palm View district to the Land Use and Sustainability Committee (LUSC). On April 19, 2023, the item was deferred to the May 10, 2023 LUSC meeting, with no discussion.

On May 10, 2023, the LUSC recommended that the City Commission refer the proposed ordinance to the Planning Board with the following amendments:

1. The size of an accessory dwelling unit (ADU) be increased from 400 square feet to 600 square feet, to better accommodate smaller lots.

2. The requirements for property ownership shall not be limited to homesteaded properties.

3. Entrance visibility on corner lots shall be further studied.

On June 28, 2023, the City Commission referred the proposed ordinance pertaining to ADU’s in the Palm View district to the Planning Board (Item C4 I).

Subsequent to the item being referred to the Planning Board, Commissioner Alex Fernandez became a co-sponsor of the proposal.

On October 16, 2019, the City Commission adopted Ordinance No. 2019-4305, which amended the Land Development Regulations of the City Code (LDRs) to allow for the development of ADUs in single family districts. Previously, the LDRs authorized the construction of “guest/servant quarters” that were similar in nature to ADUs. The amendment also authorized the lease of ADUs to families unrelated to the family occupying the primary dwelling if the primary dwelling is owner-occupied and located between Dade Boulevard and Pine Tree Circle and provided the ADU received a certificate of occupancy prior to October 26, 2019.

ADUs are small living units that have their own kitchen and bathroom facilities and are on the same property as a single-family home. They are often rented out to provide a family with extra income or made available to a relative looking for additional privacy. Such units can either be attached or detached from the home, and they are sometimes referred to as granny flats, cottage houses, or secondary dwelling units. It was popular to include such units as part of single-family homes in the early 20th century, including within Miami Beach. However, ADUs fell into disfavor after World War II when development patterns shifted to a more suburban style, and many cities began to prohibit them.

With rising housing costs in urban areas, many cities are reintroducing the ability to build ADUs in single family areas. This is intended to provide housing that is more attainable to the workforce and to provide homeowners an extra source of income which can help them maintain their homes. The following cities in the United States currently allow ADUs in some form:

• Austin, TX;
• Boulder, CO;
• Miami, FL;
• Miami-Dade County, FL (Unincorporated area);
• Minneapolis, MN;
• Portland, OR;
• Seattle, WA; and
• Tampa, FL

Additionally, all cities in California are required to allow for the construction of ADUs. The Florida Legislature authorizes local governments to permit ADUs, pursuant Florida Statute 163.31771, and has recognized the benefits of ADUs as it relates to providing housing for low to moderate income persons. As mentioned in the background section, although the City of Miami Beach LDRs allow for the construction of ADUs, for much of the City, ADUs are for the exclusive use of the family that occupies the primary dwelling unit and cannot be rented out to another family.

The proposed ordinance would add the Palm View Historic District to the list of areas where the rental of an ADU to a family unrelated to the family in the primary dwelling unit would be allowed. The ordinance would require that the primary dwelling be owner occupied; however, it would allow for the lease of existing or newly constructed ADUs. The property owner would be required to comply with all other applicable regulations related to ADUs. As short-term rentals are already prohibited in single family zoning districts, the subject ordinance would not allow for short-term rentals of ADUs.

This proposal is consistent with the recommendations in the 2020 Palm View Neighborhood Study, which encourage allowing ADUs for the purpose of providing property owners with an extra income stream that could be utilized to make resiliency improvements to the primary dwellings. Miami-Dade County recently approved legislation permitting accessory dwelling units and guesthouses in certain residential zoning districts under certain circumstances, while prohibiting the use of accessory dwelling units and guesthouses as vacation or short-term rentals.

Under the current regulations in the LDR’s of the City Code, ADUs may only be developed on lots where the primary dwelling is 2,000 square feet or larger. This is due to the current requirement that an ADU not exceed ten percent (10%) of the size of the primary dwelling. Although the minimum area requirement for an ADU is 200 square feet, such threshold can only be attained, under the current code, if the main home is greater than 2,000 square feet.

This restriction limits the effectiveness of the ADU regulations, in particular due to the relatively small size of existing residences in the historic Palm View neighborhood. To address this issue, the attached draft ordinance has been revised to allow for the construction of ADUs on sites where the primary dwelling is smaller than 2,000 square feet.

Pursuant this proposal, property owners would be allowed to build at least a 600 square foot ADU regardless of the size of the primary dwelling and provided there is available unit size within the site. On lots with primary dwellings that exceed 4,000 square feet, larger ADUs could be built, but the maximum size of an ADU, as a percentage of the lot size, cannot exceed 1,500 square feet.

PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

UPDATE
The subject ordinance was approved at First Reading on December 13, 2023, with no changes.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable