BIE - SETBACK REGULATIONS FOR AC UNITS (6/20/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
SETBACK REGULATIONS FOR AIR CONDITIONING UNITS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE V,
ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 7.5.3, ENTITLED
“SUPPLEMENTARY YARD REGULATIONS,” BY AMENDING THE ALLOWABLE SETBACK
ENCROACHMENTS FOR AIR CONDITIONING UNITS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, 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.
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Business Impact Estimate
Page 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, provided at First Reading and 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.
4. Additional comments:
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Ordinances - R5 M
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 10:10 a.m. First Reading Public Hearing
TITLE:SETBACK REGULATIONS FOR AC UNITS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS
AND REGULATIONS,” ARTICLE V, ENTITLED “SUPPLEMENTARY DISTRICT
REGULATIONS,” SECTION 7.5.3, ENTITLED “SUPPLEMENTARY YARD
REGULATIONS,” BY AMENDING THE ALLOWABLE SETBACK
ENCROACHMENTS FOR AIR CONDITIONING UNITS; 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 July
23, 2025.
BACKGROUND/HISTORY
On December 11, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred a proposal pertaining to setback regulations for air conditioning units (C4 I)
to the Land Use and Sustainability Committee (LUSC). On January 16, 2025, the LUSC
recommended that the City Commission refer an ordinance to the Planning Board.
On February 26, 2025, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred the attached ordinance to the Planning Board (C4 B).
ANALYSIS
Packaged terminal air conditioners (PTAC) are ductless, self-contained units designed to
efficiently heat and cool individual spaces. These systems are commonly used in hotels, hospitals,
senior living facilities, and residential buildings, offering an affordable and energy-efficient climate
control solution for smaller areas. Mini-split systems, which offer similar advantages, provide
flexible and efficient temperature management for both residential and commercial spaces.
In line with the recommendations of the LUSC, the attached ordinance proposes amendments to
the Land Development Regulations of the City Code (LDRs) to modify and expand allowable
setback encroachments for existing apartment buildings in multi-family residential districts. The
proposed changes are intended to simplify the requirements to install air-conditioning systems,
including PTAC and mini-split units, in older buildings. Adjusting setback requirements for existing
buildings to meet minimum life safety standards and accommodate these systems should reduce
costs for property owners, as well as promote the broader adoption of energy-efficient air
conditioning solutions.
PLANNING BOARD REVIEW
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On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
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 July 23, 2025.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes 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 Kristen Rosen Gonzalez
Co-sponsor(s)
Condensed Title
10:10 a.m. 1st Rdg PH, Setback Regulations for AC Units. (Rosen Gonzalez) PL 5/7
Previous Action (For City Clerk Use Only)
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