Make room for condominium and apartment hotel in Miami | Bilzin Sumberg


With the advent of short-term rental solutions such as Sonder, Domio, Guild and others, the private sector had a head start in expanding the housing typology. Their ultimate success, however, was limited in some cases by municipal regulations that did not fully appreciate the use, its necessity and how to regulate it. By creating regulations that allow a harmonious existence of this concept of life and neighboring uses, cities have paved the way to allow these uses to evolve. One of those regulations is the formation by the City of Miami of the uses of the condo hotel or apartment hotel. Under Miami 21, the zoning code for the City of Miami, “multi-family housing” is defined as a building or part thereof, containing three or more residential units where each unit has direct access to outside or in a common room. In the case of a multi-family structure where housing units are available for hire or hire for less than a month, it will be considered “accommodation”. An “accommodation unit” is specifically defined as an attached or semi-detached accommodation consisting of furnished rooms of approximately two hundred (200) gross square feet or more, including sanitary facilities, but with only limited cooking facilities, the optionally ; not qualifying as a living unit or functional apartment; occupied by passengers on a rental or lease basis for limited periods of time. There was therefore a gap between collective housing and accommodation which seemed perfectly filled by the private concept of short-term rental. Unfortunately, the above definitions resulted in ambiguity when multi-family residential units containing full kitchens (and therefore, by definition, not accommodation units) were rented or leased for periods of less than a month.

As a result, the Miami City Planning Department issued a series of usage determinations, which clarified the applicable regulations for short-term rental of multi-family residential units. In accordance with the Determinations, multi-family units containing full kitchen facilities rented for a period of less than 30 days will be considered “Apartment Hotel” or “Condo-Hotel” use, separate from multi-family residential uses and lodging. uses.

The full definition of an aparthotel or condo-hotel (these terms being used interchangeably) is: “a room or a group of rooms, each containing a separate bathroom and a full kitchen, with an entrance hall. and an exit which may or may not be via a common hall, intended to be rented to people passing through by the day, week or month, not intended to be used as permanent accommodation. Among other things, the determinations also contain various regulations that apply to the location authorized for that use, calculations for parking, impact charges, the enforceability of the building code and ADA standards, as well as the operational requirements.

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