<p style='margin:0in;font-size:16px;font-family:"Aptos",sans-serif;' data-pasted="true">Consideration and approval of an ordinance on first reading requiring all new private developments to enter into a Developer Parking Agreement, including provisions for handicap-accessible parking, through the addition of Chapter 23, Article II, Section 23-24.1 of the City Code. Sponsored by Vice Mayor Stephanie Bruder.</p>

ORDINANCE NO. --- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, “ZONING AND PLANNING,” ARTICLE II, “OFF-STREET PARKING,” TO REQUIRE DEVELOPER PARKING AGREEMENTS FOR ALL NEW PRIVATE DEVELOPMENTS, INCLUDING PROVISIONS FOR HANDICAP/ACCESSIBLE PARKING; PROVIDING FOR FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Bay Harbor Islands is a municipality located in Miami-Dade County, Florida; and WHEREAS, the Town has determined that the regulation of off-street parking, including accessible parking for persons with disabilities, is essential to protect the public health, safety, and welfare, as well as the aesthetic character of the community; and WHEREAS, the Town’s existing Code of Ordinances, including Sections 23-24 and 11-9, establishes minimum parking requirements for various uses and prohibits certain commercial parking without specific Town Council approval; and WHEREAS, the Town has determined that all new private developments — regardless of size, number of dwelling units, or commercial square footage — have the potential to create parking impacts upon surrounding public streets and neighboring properties; and WHEREAS, the Town has further determined that without a binding, recorded agreement restricting the use and availability of parking spaces (including accessible parking spaces), there is a significant risk that parking spaces required to serve a development may be alienated, converted to other uses, blocked, or become unavailable to the intended users, thereby creating parking deficiencies, overflow parking onto public streets, and non-compliance with accessibility laws; and WHEREAS, the adoption of a requirement for a formal Developer Parking Agreement for every new private development will ensure that all parking spaces — standard and handicap-accessible — remain available, properly marked, and restricted in accordance with the terms of any approval, and will provide the Town with legally enforceable mechanisms to ensure compliance; and WHEREAS, this Ordinance is adopted pursuant to the Town’s home rule powers, Chapters 163 and 166, Florida Statutes, the Americans with Disabilities Act (ADA), the Florida Building Code (Accessibility), and the Town’s Comprehensive Plan.

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA: Section 1: That the foregoing recitals are adopted and hereby incorporated as if fully set forth herein. Section 2: Amendment. Chapter 23, Article II, “Off-Street Parking,” of the Code of Ordinances of the Town of Bay Harbor Islands is hereby amended by adding a new section, to be designated as Section 23-24.1, “Developer Parking Agreements Required for All New Developments; Accessible Parking Compliance.” Section 3: That any section, paragraph, sentence or word of this Ordinance or the application thereof to any person or circumstance is held invalid, that the invalidity shall not affect the other sections, paragraphs, sentences, words or application of this Ordinance. Section 4: That it is the intention of the Town Council of the Town of Bay Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance shall become and be made a part of the Town of Bay Harbor Islands' Code of Ordinances, that sections of this Ordinance may be re-numbered or re- lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6: That this Ordinance shall be in full force and take effect immediately upon its passage and adoption. PASSED on First Reading this 11th day of June 2026. PASSED on Second Reading TBA Isaac Salver Mayor ATTEST: EVELYN HERBELLO,TOWN CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MCCARTER & ENGLISH, LLP TOWN ATTORNEYS BY: Tania Cruz, ESQ. “EXHIBIT A” Sec. 23-24.1. Developer Parking Agreement required for all new private developments; accessible parking compliance. 1. Purpose and intent. The purpose of this section is to ensure that all parking spaces provided to satisfy the parking requirements of the Town’s Land Development Regulations—including both standard and handicap-accessible parking spaces— remain available, restricted, properly maintained, and legally enforceable for the duration of the use they are intended to serve. The Town Council finds that binding, recorded agreements are necessary to prevent the loss, conversion, obstruction, or improper remarking of required parking spaces, and to protect surrounding neighborhoods and persons with disabilities from the adverse impacts of parking violations. 2. Applicability (All new private developments). This section shall apply to all new private developments within the Town of Bay Harbor Islands, without exception based on size, number of dwelling units, or commercial square footage. A "new private development" means any of the following: a. New construction of a building or structure for residential, commercial, mixed-use, or institutional use; b. Adaptive reuse of an existing building resulting in a change of use category under the Town’s Zoning Code; c. Addition or expansion to an existing building that increases the gross floor area or the number of dwelling units; d. Conversion of any existing structure from a non-residential to a residential use, or vice versa. This section applies regardless of whether the development proposes on-site parking, off-site parking, shared parking, or a reduction in parking requirements. 3. Developer Parking Agreement required for all developments. Prior to the issuance of any final site plan approval, building permit, conditional use permit, variance, or certificate of occupancy for any new private development identified in subsection (2), the applicant shall execute and record a Developer Parking Agreement (the "Agreement") with the Town. The Agreement shall be in a form approved by the Town Attorney and shall include, at a minimum, the following provisions: a. A legal description of the property or properties subject to the Agreement; b. A binding commitment to provide and maintain the number of parking spaces approved by the Town, including the specific location of each parking space (whether on-site or off-site); c. A site plan attached as an exhibit showing the precise location, dimensions, striping, and designation (standard or accessible) of every parking space. 4. Specific provisions for handicap/accessible parking. a. Minimum number of accessible spaces. The Agreement shall explicitly state the minimum number of accessible parking spaces required by the Florida Building Code (Accessibility) and the ADA Standards for Accessible Design, based upon the total number of parking spaces provided for the development. b. Location and design requirements. The Agreement shall include a binding commitment that all accessible parking spaces will: i. Be located on the shortest accessible route to an accessible building entrance; ii. Have the required width, including access aisles, as specified in the Florida Building Code; iii. Be properly marked with the International Symbol of Accessibility on a vertical sign not less than five (5) feet above the ground; iv. Be maintained free of debris and any obstruction; v. Not be converted, restriped, or relocated without prior written approval from the Town and verification of compliance with all applicable accessibility laws. c. Prohibition on use or blocking of accessible spaces. The Agreement shall provide that accessible parking spaces may only be used by vehicles displaying a valid disabled parking permit or license plate, and that the owner of the development shall take reasonable steps to prevent unauthorized vehicles from parking in or blocking accessible spaces. d. Van-accessible spaces. For any development required to provide van- accessible parking spaces under the Florida Building Code, the Agreement shall identify the specific spaces designated as van-accessible, including the required vertical clearance of 98 inches (minimum) and the wider access aisle. e. Accessible parking for off-site parking. If any accessible parking spaces are located off-site, the Agreement must include a covenant running with the land of the off-site parking property requiring that such spaces remain accessible, properly maintained, and available to serve the principal development for the duration of the principal development’s use. 5. General parking restrictions—All spaces. The Agreement shall contain the following additional provisions applicable to all parking spaces (standard and accessible): a. A prohibition against the conversion of any required parking space to any other use (including, but not limited to, storage, outdoor dining, landscaping, additional floor area, or electric vehicle charging equipment that blocks access) without the prior written approval of the Town Council; b. A prohibition against restriping that reduces the number of parking spaces or alters the location of accessible spaces without Town approval; c. If off-site parking is proposed, a covenant running with the land of the off-site parking property requiring that such property continue to be used for parking to serve the principal development for the duration of the principal development’s use; d. If shared parking is proposed, a binding commitment by all parties to the shared parking arrangement setting forth allocation, hours of use, and default provisions; e. A provision granting the Town the right to enforce the Agreement through any available legal or equitable remedy, including specific performance, injunctive relief, civil penalties (not less than $250 per space per day and $500 per space per day for a violation involving an accessible parking space), and the suspension or revocation of any certificate of occupancy or business tax receipt for the principal development; f. A requirement that the Agreement be recorded in the public records of Miami-Dade County, Florida, and that the Agreement run with the land and be binding upon all successors, assigns, and transferees of the property. 6. Substitute or relocated parking. Any owner seeking to substitute, relocate, or redesignate parking spaces (including accessible spaces) under an approved Agreement must apply for an amendment to the Agreement. No substitution or relocation of an accessible parking space shall be permitted unless the Town Council finds that the substitute space fully complies with the Florida Building Code (Accessibility) and provides a route of travel no longer or less safe than the original accessible space. 7. Monitoring, inspections, and enforcement. a. The Town Manager or their designee is hereby authorized to conduct periodic inspections and audits to verify compliance with any recorded Developer Parking Agreement, including the proper designation and maintenance of accessible parking spaces. b. Upon reasonable notice to the property owner, the Town may inspect parking spaces, review leases or other parking usage records, and take any other reasonable action to ensure compliance. c. Special enforcement for accessible parking. In addition to any other remedy, any violation involving the conversion, obstruction, removal, remarking, or unauthorized use of a required accessible parking space shall be subject to a fine of $500 per day per violation, which fine shall be recoverable by the Town in a civil action. 8. Release of Agreement. The Town Council may approve the release of a Developer Parking Agreement only upon a finding that the parking spaces subject to the Agreement are no longer required to serve the principal development, based upon: a. The complete demolition of the principal development and cessation of any use on the property; b. The provision of alternative parking that fully satisfies all Town parking requirements and all applicable accessibility laws, secured by a new recorded Agreement meeting the requirements of this section; or c. A determination by the Town Council, following a public hearing, that the release would not be detrimental to the public health, safety, or welfare, and would not reduce the number or accessibility of required accessible parking spaces below legal minimums. 9. Existing developments not subject to full Agreement. For any development that received final approval prior to the effective date of this Ordinance, this section shall not apply retroactively unless the owner voluntarily seeks a new site plan approval, change of use, expansion, or transfer of ownership. However, any modification, expansion, or change of use of an existing development after the effective date shall be treated as a "new private development" for purposes of subsection (2). 10. No waiver of accessibility laws. Nothing in this section shall be construed to waive, reduce, or diminish any requirement of the Americans with Disabilities Act, the Florida Building Code (Accessibility), or any other federal, state, or local law governing accessible parking. To the extent this section imposes greater restrictions than those laws, this section shall control. 11. Penalties. Failure to comply with the above regulations may result in penalties as set forth in section 12-27 of the Town Code (General penalty; continuing violations) and the specific fines set forth in subsection (7)(c) above.