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Miami-Dade County Zoning Law: Mandatory Minimum Electric Vehicle Parking Ordinance Passed

The Miami-Dade County Board of County Commissioners recently adopted an ordinance establishing off-street parking requirements for electric vehicles (EVs) which mandates minimum EV parking spaces in all new uses with limited exceptions provided below. The ordinance defines the terms pertaining to EV infrastructure, such as EV Supply Equipment (EVSE), EVSE Space, and EVSE-Ready Space and establishes penalties for misuse of parking spaces designated for EV charging.

The ordinance establishes two sets of criteria. One set to be used prior to January 1, 2022, and another to be used after January 1, 2022, when it is anticipated that most automakers will have switched to predominantly EV production lines thus the number of EVs is expected to increase considerably. In particular, the ordinance recognizes that automakers are investing over $90 billion in the development of electric and hybrid models and that General Motors specifically announced an all-electric path to zero emissions with the introduction of at least 20 new EVs to launch by 2023.

Pursuant to the ordinance, parking spaces specifically designed for charging of EVs will be required for all new uses other than single-family, duplex, townhouse, and properties with a current certificate of use or occupancy for a church or religious use. The number of required EVSE/EVSE-Ready Spaces will be based on the total number of required off-street parking spaces and will count toward off-street parking requirements. For example, where 10 or more off-street parking spaces are required, a minimum of 10% of those required parking spaces must be EVSE-Ready prior to January 1, 2022, and a minimum of 20% must be EVSE-Ready on or after January 1, 2022. The ordinance also permits the EVSE operator to charge a fee for EV charging and requires that all EV parking spaces be prominently designated with permanent above-ground signs.

The ordinance represents the first step at the level of Miami-Dade County toward addressing the growing number of EVs by requiring the installation of the infrastructure needed to enable future EV charging stations. Requiring EV infrastructure may increase the cost of construction and may undermine other incentives aimed at increasing the affordability of housing stock. As the County receives feedback on EV spaces, perhaps exceptions can be made for projects that include an affordable or workforce housing component. One thing is for certain, developers will no longer have the option to decide whether to include EV parking and will therefore need to include it in the budget for future real estate projects.

© 2020 Bilzin Sumberg Baena Price & Axelrod LLPNational Law Review, Volume IX, Number 179


About this Author

Anthony De Yurre, Bilzin, Real Estate Development Lawyer, Investment Strategies Attorney

Anthony De Yurre is a Partner in Bilzin Sumberg's Land Development & Government Relations Group. His practice focuses on the representation of real estate developers and investors in complex land use and zoning matters with a focus on transit-oriented development, large scale mixed-use development and public-private partnerships.

Anthony is an adjunct professor at the University of Miami Law School Master of Laws (LL.M.) in Real Property Development where he teaches “Problem Solving Large Scale, Mixed-Use Development”.  Upon graduating from...

Jennifer E. Fine Government Relations lawyer Bilzin

Jennifer E. Fine is an Associate in Bilzin Sumberg's Land Development & Government Relations Practice Group. Jennifer focuses her practice on land use and zoning and is experienced in obtaining the necessary development approvals for both residential and commercial projects throughout the different municipalities within Miami-Dade County. Jennifer received her J.D. from the University of Florida, where she graduated cum laude. During law school, Jennifer served on the executive board of the Florida Journal of International Law and actively participated as a member of the Florida Moot Court Team. Jennifer also served as a judicial intern for the Honorable Alan S. Gold of the Southern District of Florida and as a legal intern for Legal Services of Greater Miami, Inc.