BIE - Shrubbery and Fencing Heights Chapter 14 (1/6/2025)M IAM I BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager ~rb"-~C.
MEETING DATE:February 3,2025
SUBJECT:BUSINESS IMPACT ESTIMATE
SHRUBBERY AND FENCING HEIGHTS CHAPTER 14
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING SUBPART A OF THE CODE OF THE CITY OF MIAMI BEACH
ENTITLED "GENERAL ORDINANCE,",CHAPTER 14,ENTITLED "BUILDING REGULATIONS,"
ARTICLE I,ENTITLED "IN GENERAL,"BY CREATING SECTION 14-1,ENTITLED
"BEACHWALK ACCESS AND VISIBILITY,"TO ESTABLISH MINIMUM REQUIREMENTS FOR
PEDESTRIAN VISIBILITY TO AND FROM THE BEACHWALK;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?X Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4),Florida Statutes.
1.Summary
A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals
to the Ordinance itself,which are attached hereto.
2.An estimate of the direct economic impact of the proposed Ordinance on private,for-
profit businesses in the City of Miami Beach,if any:
(a)An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance may require minor modifications to limited areas of
existing plant material.It would be highly speculative for the city to estimate the
exact cost for trimming back plant material,as this will depend on the unique
circumstances of each property.The proposed ordinance does not affect revenue
nor result in a loss of revenue.
(b)Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply new charges or fees to existing,legally
established businesses.
(c)An estimate of the City's regulatory costs,including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs,which may be associated with administration activities by
applicable City departments.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance could apply to approximately 90 oceanfront properties.
However,a number of these properties may already be compliant.
4.Additional comments:
The impact on existing oceanfront properties is expected to be nominal,as only a
limited amount of existing plant material may need to be modified.