Ordinance 2025-4757 Setback Regulations for Air Conditioning Units
ORDINANCE NO. . �2025-4757
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.
WHEREAS, the City Commission seeks to provide for limited relief from setback
requirements for existing apartment buildings to facilitate the installation of air-conditioning
systems, including, but not limited to, packaged terminal air conditioners (PTAC)and mini-split air
conditioning units; and
WHEREAS, PTAC units are ductless, self-contained systems designed to heat and cool
individual spaces efficiently, and are commonly utilized in residential buildings; and
WHEREAS, �PTAC units offer a cost-effective and energy-efficient solution for climate
control in smaller areas; and
WHEREAS, mini-split systems provide similar benefits to PTAC units, offering flexible and
efficient temperature management for various residential and commercial applications; and
WHEREAS, amending setback requirements for existing buildings to meet minimum life
safety requirements and to accommodate these types of air-conditioning units would enhance
flexibility and minimize costs for property owners, as well as support broader adoption of energy-
efficient air conditioning solutions; 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 7 of the Miami Beach Resiliency Code, entitled "Zoning Districts and
Regulations," Article III, entitled "Overlay Districts," is hereby amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
Page 1 of 3
7.5.3 SUPPLEMENTARY YARD REGULATIONS
* * *
7.5.3.2 Allowable encroachments writhin required yards for districts other than single-
family districts.
The following regulations shall apply to allowable encroachments in all districts except single-
family residential districts, unless otherwise specified in this Code.
* * *
e. "�c,� ���. Central air conditioners, packaqed terminal air conditioners (PTAC) and mini-
split air conditioninq units. Accessorvi central air conditioners, qackaaed terminal air
conditioners (PTAC) and mini-split air conditioning units, includinq attached screeninq
elements, mav occupv a reauired interior side or rear vard, in townhome districts and in
the RM-1, RM-2, R-PS1, R-PS2 and R-PS3 residential multifamilv districts onlv, provided
that:
1. For buildinqs existinq as of January 1, 2015, the above noted air conditioninq units
shall not be closer than 18 inches to a rear or interior side lot line, provided all
applicable eqress requirements for the qropertv are satisfied. For buildinqs receivinq
a temporarvi certificate of occupancv or certificate of occupancv after January 1, 2015,
the above noted air conditionina units shall not be closer than 5 feet to a rear or interior
side lot line.
2. The maximum heiqht of equipment located on the clround, includinq attached
screeninq elements, shall not exceed 10 feet above current flood elevation.
3. If visible from the riqht-of-wav, phvsical and/or landscape screeninq shall be required.
4. Anv required sound bufferinq equipment shall complv with the setback requirements
specified in subsection e.1 of this section.
5. If the air conditioninq equipment does not conform to subsections 1, 2, 3, and 4 above,
then such epuipment shall follow the setbacks of the main structure.
f. o�;�r�' �;r ^^^,�;+;^^��,�Emergency generators, swimming pool equipment, and other
mechanical equipment. Accessory ��n�r�I ,;,- nnr�rli�innorc� generators, swimming pool
equipment, and any other mechanical equipment, including attached screening elements,
may occupy a required side or rear yard, in townhome or in the RM-1, RM-2, R-PS1 and
R-PS2 residential multifamily '^�•� �^,�- ��;�districts only, provided that:
1. They are not closer than 5 feet to a rear or interior side lot line or 10 feet to a side lot
line facing a street.
2. The maximum height of the equipment including attached screening elements, shall
not exceed 5 feet above current flood elevation, with a maximum height not to exceed
:10 feet above grade, as defined in section 1.2.1, of the lot at which they are located.
3. If visible from the right-of-way, physical and/or landscape screening shall be required.
4. Any required sound buffering equipment shall comply with the setback requirements
specified in subsection f.1 of this section.
5. If the ��n�r�I �;r nr�nrli�inninn �.,,+ i+�hor mechanical equipment does not conform to
subsections 1, 2, 3, and 4 above, then such equipment shall follow the setbacks of the
main structure.
Page 2 of 3
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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 o?3 day of � , 2025.
.
ATTEST:
Steven Meiner, Mayor
��UL ��5 2025
Rafael E. Granado City Clerk �������„
, �8���,,��
_�`Pcr�..... ...�y,,,
First Reading: May 21, 2025 , �:. ���;
Second Reading: July 23, 2 � :INCORP ORATED: :
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Verified By:
Thomas . Mooney, AICP
Planning Director
APPROVED AS TO
��91�s9r�d by���►����ioner Kristen Rosen Gonzalez FORM AND LANGUAGE
& FOR EXECUTION
.�-I�l zo a-�'
City rney �� Date
T:�Agenda\2025\05 May 21,2025\Planning\Setback Regulations forAC Units-First Reading ORD.docx
Page 3 of 3
Ordinances - R5 J
l�l1 i Af�i� � �E�� H
COMMtSS10N MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025 10:15 a.m. Second Reading Public Hearing
TITLE: SETBACK REGULATIONS FOR AC UNITS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MlAMI BEACH, FLORlDA, 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 EFFECTfVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission {City Commission) adopt
the ordinance.
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 f)
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 e�cient 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 insfall air-conditioning systems,
including PTAC and mini-split units, in o(der 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
� 1006 of 1791
On April 8, 2025, the Planning Board he(d a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on May 21, 2025, with no changes.
FISCAL IMPACT STATEMENT
No Fiscaf Impact Expected . �
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY) '
If applicable, the Business Impact Estimate (BIE)was published on: 6/20/2025
See BIE at: https://www.miamibeachfl.qov/citv-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
IVot Applicabfe ��-
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Aaplicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item reiated to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes No
Was this Aqenda Item initiallv requested by a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvina? No
� If so, specify the name of fobbyist(s} and principal(s}: ,
Department .
Planning
Sponsor(s) �
Commissioner Kristen Rosen Gonzalez �
Co-sponsor(s)
Condensed Titie
� �10:15 a.m. 2nd Rdg, Setback Regulations for AC Units. (Rosen Gonzalez) PL 5/7
1007 of 1791
Previous Action (For City Clerk Use Only).
First Reading Public Hearing on 5/21/2Q25 - R5 M
1008 of 1791 -