Ordinance 2025-4695 FAR Exception for Gender Neutral Restrooms
ORDINANCE NO. 2025-4695
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
Il, entitled "Definitions," is hereby amended as follows:
CHAPTERI
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
SECTION 1.2.1. GENERAL DEFINITIONS.
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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.
f. 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.
i. 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. 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 neutral as more
specifically defined or regulated under the Florida Building Code
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.
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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 -3 day of F4✓UG+!� '(, 2/yt0225'.•
Steven Meurer, Mayor
ATTEST:
F 01r.
Rafael 5. Granado, City Clerk
First Reading: December 11, 2024
Second Reading: F bruary 20[5
Verified By:
Tho as R. Mooney, AICP
Planning Director
Sponsored by Commissioner Alex J. Fernandez APPROVED AS TO
FORM AND LANGUAGE
Co-Sponsored by Commissioner Joseph Magazine & FOR EXECUTION
Co-Sponsored by Commissioner Laura Dominguez
Co-Sponsored by Commissioner Tanya K Bhatt
City o y �'�, Date
T:Wgeni December 202,AP1anning\FAR Exception for Gentler Neutral Reatraoms-First Reading ORD.docx
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Ordinances - R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 3, 2025 9:55 a.m. Second Reading Public Hearing
TITLE: 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) adopt
the ordinance.
BACKGROUNDIHISTORY
On June 26, 2024, at the request of Commissioner Alex Fernandez,the City Commission referred
an item pertaining to a 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 held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
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UPDATE
On December 11, 2024, the subject ordinance was approved by the City Commission at First
Reading with no changes.
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: 1/612025
See BIE at: https:/tw .miamibeachfi.aov/city-hall/cityclerldmeeting-noticesi
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
Pursuant to City Code Section 2-17? Proiect?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enciacied in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsors)
Commissioner Joseph Magazine
Commissioner Laura Dominguez
Commissioner Tanya K. Bhah
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Condensed Title
9:55 a . 2nd Rdg PH, FAR Exception for Gender Neutral Restrooms. (AF/JM/LD/TB) PL 5/7
Page 1099 of 1859