BIE - Gender Neutral Restrooms (with backup)MIAMI 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 Jt{-P.,.Z.'E'•C •
MEETING DATE:February 3,2025
SUBJECT:BUSINESS IMPACT ESTIMATE
FAR EXCEPTION FOR GENDER NEUTRAL RESTROOMS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B,ENTITLED
"MIAMI BEACH RESILIENCY CODE,"CHAPTER 1,ENTITLED "GENERAL PROVISIONS,"
ARTICLE II,ENTITLED "DEFINITIONS,"SECTION 1.2.1,ENTITLED "GENERAL
DEFINITIONS,"BY AMENDING THE DEFINITION FOR FLOOR AREA;AND PROVIDING FOR
CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes D No(lf 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.
B usiness Im pact Estim ate
P age 2
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 does not apply to existing,legally established
businesses.
(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 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 does not apply to existing,legally established
businesses.
14.Additional comments:
Ordinances -R5 {{item.number}}
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:
TITLE:
December 11,2024 11:25 a.m.First Reading Public Hearing
FAR EXCEPTION FOR GENDER-NEUTRAL RESTROOMS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH,SUBPART B,ENTITLED "MIAMI BEACH RESILIENCY CODE,"CHAPTER
1,ENTITLED "GENERAL PROVISIONS,"ARTICLE II,ENTITLED "DEFINITIONS,"
SECTION 1.2.1,ENTITLED "GENERAL DEFINITIONS,"BY AMENDING THE
DEFINITION FOR FLOOR AREA TO CREATE AN EXCEPTION FOR UNISEX OR
GENDER-NEUTRAL RESTROOMS;AND PROVIDING FOR CODIFICATION,
REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission)approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for
February 2025.
BACKGROUND/HISTORY
On June 26,2024,at the request of Commissioner Alex Fernandez,the City Commission referred
an item pertaining to an Floor Area Ratio (FAR)exception for gender neutral restrooms (C4 T)to
the Land Use and Sustainability Committee (LUSC)and the LGBTQIA+Advisory Committee.On
September 5,2024 the LUSC discussed the proposal and recommended that the City
Commission refer an ordinance to the Planning Board.On September 10,2024,the LGBTQIA+
Advisory Committee discussed and unanimously endorsed the proposal to amend the definition
of "Floor Area"to exempt Unisex/Gender Neutral Restrooms from the definition of "Floor Area."
On October 30,2024,at the request of Commissioners Alex Fernandez and Joseph Magazine,
the City Commission referred the subject ordinance to the Planning Board.
ANALYSIS
The attached draft ordinance amends the General Definitions Section (1.2.1)of the Land
Development Regulations of the City Code (LDRs)to create an exception to the definition of floor
area for gender neutral restrooms.
Gender neutral restrooms have several benefits,including creating a safe and accessible
environment for all people.This includes accommodating people with special needs,families with
small children,elderly individuals with a caregiver,as well as transgender and gender non-
conforming individuals.Exempting such restrooms from floor area calculations is intended to
encourage their use by allowing the square footage of such facilities to be allocated for other uses
in a building.
PLANNING BOARD REVIEW
On November 26,2024,the Planning Board is scheduled to hold a public hearing and transmit
the proposed ordinance to the City Commission.The Administration will advise the City
Commission on the recommendation of the Planning Board at the Commission meeting.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for February 2025.
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
Yes
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec._2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Joseph Magazine
Condensed Title
11 :25 a.m.1st Rdg PH,FAR Exception for Gender Neutral Restrooms.(Fernandez/Magazine)
PL 5/7
FAR Exception for Gender Neutral Restrooms
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE
CITY OF MIAMI BEACH,SUBPART B,ENTITLED "MIAMI BEACH
RESILIENCY CODE,"CHAPTER 1,ENTITLED "GENERAL
PROVISIONS,"ARTICLE II,ENTITLED "DEFINITIONS,"SECTION
1.2.1,ENTITLED "GENERAL DEFINITIONS,"BY AMENDING THE
DEFINITION FOR FLOOR AREA TO CREATE AN EXCEPTION FOR
UNISEX OR GENDER-NEUTRAL RESTROOMS;AND PROVIDING FOR
CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE
DATE.
WHEREAS,"floor area,"which is defined in the Land Development Regulations,is the
term used by the City of Miami Beach ("City")to regulate the intensity or overall size of a building;
and
WHEREAS,the Mayor and City Commission desire to amend the definition of floor area
to exclude unisex or gender-neutral restrooms;and
WHEREAS,establishments providing unisex or gender-neutral restrooms are highly
desired in the City;and
WHEREAS,providing incentives for gender-neutral restrooms will promote the general
health,safety and welfare of the residents of the City;and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA.
SECTION 1.Chapter 1 of the Miami Beach Resiliency Code,entitled General Provisions,"Article
II,entitled "Definitions,"is hereby amended as follows:
CHAPTER 1
GENERAL PROVISIONS
*
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k
ARTICLE 11.DEFINITIONS
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*
SECTION 1.2.1.GENERAL DEFINITIONS.
**
Page 1 of 3
Floor area means the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls or from the exterior face of an architectural
projection,from the centerline of walls separating two attached buildings.For the purpose of
clarity,floor area includes,but is not limited to,stairwells,stairways,covered steps,elevator shafts
at every floor (including mezzanine level elevator shafts),and mechanical chutes and chases at
every floor (including mezzanine level).
For the avoidance of doubt,unless otherwise provided for in these land development regulations,
floor area excludes only the spaces expressly identified below:
a.Accessory water tanks or cooling towers.
b.Uncovered steps.
c.Attic space,whether or not a floor actually has been laid,providing structural headroom
of less than seven feet six inches.
d.Terraces,breezeways,or open porches.
e.Floor space used for required accessory off-street parking spaces.However,up to a
maximum of two spaces per residential unit may be provided without being included in the
calculation of the floor area ratio.
Commercial parking garages and noncommercial parking garages when such structures
are the main use on a site.
g.Mechanical equipment rooms located above main roof deck.
h.Exterior unenclosed private balconies.
Floor area located below grade when the top of the slab of the ceiling is located at or below
grade.However,if any portion of the top of the slab of the ceiling is above grade,the floor
area that is below grade shall be included in the floor area ratio calculation.Despite the
foregoing,when the top of the slab of an existing ceiling of a partial basement is located
above grade,one-half of the floor area of the corresponding floor that is located below
grade shall be included in the floor area ratio calculation in the following instances:
1.Existing contributing structures that are located within a local historic district,
national register historic district,or local historic site.
2.Structures located within Block 1 Properties as more specifically defined in
section 7.2.15.3.f.1.D.
j.Enclosed garbage rooms,enclosed within the building on the ground floor level.
k.Stairwells and elevators located above the main roof deck.
I.
f.
i.
Electrical transformer vault rooms.
m.Fire control rooms and related equipment for life-safety purposes.
n.Secured bicycle parking.
o.Restrooms permitted and maintained as either unisex or gender
specifically defined or regulated under the Florida Building Code.
neutral,as more
Volumetric buildings,used for storage,where there are no interior floors,the floor area shall be
calculated as if there was a floor for every eight feet of height.
When transfer of development rights are involved,see chapter 2 article XIV for additional
regulations that address floor area.
SECTION 2.REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
Page 2 of 3
SECTION 3.CODIFICATION.
It is the intention of the City Commission,and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention;and that the word "ordinance"may be changed to "section"or other appropriate word.
SECTION 4.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of2025.
Steven Meiner,Mayor
ATTEST:
Rafael E.Granado,City Clerk
First Reading:December 11,2024
Second Reading:February 3,2025
Verified By:
Thomas R.Mooney,AICP
Planning Director
APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
City~IJ\'.-
12h/2oz4
Date
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