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Home My WebLink AboutBIE - GU Zoning District Regulations (5/26/2026) 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: June 24, 2026 SUBJECT: BUSINESS IMPACT ESTIMATE GU ZONING DISTRICT REGULATIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICT REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” SECTION 7.2.16, ENTITLED “GU GOVERNMENT USE DISTRICT,” SECTION 7.2.16.3 THEREOF, ENTITLED, “DEVELOPMENT REGULATIONS (GU),” BY MODIFYING THE DEVELOPMENT REGULATIONS TO CLARIFY SETBACK REQUIREMENTS; 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 Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4 Business Impact Estimate Page 2 e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 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: Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4 Ordinances - R5 AI COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter, City Manager DATE:May 20, 2026 11:15 a.m. First Reading Public Hearing TITLE:GU ZONING DISTRICT REGULATIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICT REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” SECTION 7.2.16, ENTITLED “GU GOVERNMENT USE DISTRICT,” SECTION 7.2.16.3 THEREOF, ENTITLED, “DEVELOPMENT REGULATIONS (GU),” BY MODIFYING THE DEVELOPMENT REGULATIONS TO CLARIFY SETBACK REQUIREMENTS; 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 June 24, 2026. BACKGROUND/HISTORY On February 25, 2026, at the request of Commissioner Alex Fernandez, the City Commission referred a proposed amendment to the Land Development Regulations of the City Code (LDRs) pertaining to Government Use (GU) development regulations to the Planning Board (C4 I). ANALYSIS In most zoning districts, required yards consist of minimum setbacks from property lines. However, in the Performance Standard (PS) zoning districts (located south of 6th Street), both a minimum and maximum setback from property lines is required within the front and side facing a street yards. This regulation mandates that any portion of a building be located at a 5-foot setback within these yards; an increase or decrease of this setback could only be achieved through the granting of a variance. For GU zoned properties, the development regulations, including setbacks, are an average of the surrounding zoning districts. As such, the minimum and maximum front yard and side yard facing street setbacks are currently applicable to all GU properties located south of 6th street. The proposed ordinance eliminates the maximum setback requirement for GU zoned properties, which will allow for greater flexibility when redeveloping public properties. If the subject ordinance is approved at First Reading, pursuant to the current zoning cycle, Second Reading of the proposed ordinance would normally be scheduled for July 22. 2026. To coincide with the adoption of related Resolutions and a Comprehensive Plan Amendment, the Administration recommends that the City Commission, pursuant to Section 2.3.2 of the LDRs, waive the annual zoning cycle restriction for the subject LDR amendment and schedule Second Reading of the ordinance for June 24, 2026. Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4 PLANNING BOARD REVIEW On May 5, 2026, the Planning Board transmitted the 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 the following: 1. The City Commission approve the subject ordinance at First Reading. 2. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle restriction for the subject LDR amendment and schedule Second Reading of the ordinance for June 24, 2026. 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 Alex Fernandez Co-sponsor(s) Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4 Condensed Title 11:15 a.m. 1st Rdg, GU Zoning District Regulations. (Fernandez) 5/7 Previous Action (For City Clerk Use Only) Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4 GU Zon ing District Regulations ORDINANCE NO. _____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICT REGULATIONS ," ARTICLE II, ENTITLED "DIS TRICT REGULATIONS ," SECTION 7.2.16, ENTITLED "GU GOVERNMENT USE DISTRICT," SECTION 7.2.16.3 THEREOF , EN TI TLED , "DEVELOPMENT REGULATIONS (GU )," BY MODIFYING THE DEVELOPMENT REGULATIONS TO CLARIFY SETBACK REQUIREMENTS ; AND PROVIDING FOR CODIFICATION , REPEALER , SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , t he development regulations for pro perti es zoned Government Use (GU ) shall be t he a verage of t he re quirements conta in ed in the su rro und ing zoning districts as set fo rth in the La nd Developm e nt Regulations of t he City Code ("LDRs"); and WHEREAS, on February 25 , 2026 , the Mayor and City Com m ission referred an item to t he Plan ning Board at th e request of Commissioner A lex J . Fernandez to consider an amendment to the LD Rs to a ll ow for f lexibi lity on maximum setbacks on p ubl ic properties in the GU zoning d istrict; and WHEREAS , th e Mayor and City Commission recognize that allowing more f lexibility with setbacks w ill encourage innovative and more-compat ible design within government-owne d prope rties; and WHEREAS, removing the requ irement for a maxi mu m setback o n properties in the GU z o ni ng d istrict will a llow for additiona l pedestrian amenities and landscape opportunities ; and WHEREAS , in order to provide adequate public facilities while maintaining a high qua lity of urban design , the Mayor a nd City Commission desire to amend the GU district regulations; and WHEREAS, t he a mendments set forth be low are necessary to achieve 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 Resil ie ncy Code , e ntitled "Zoning Districts and Regulatio ns," Artic le II, entitled , "Distri ct Reg ulations ," Section 7.2.16 entitled , "G U Government Use Di strict," is here by amended as follows : CHAPTER 7 ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. DISTRICT REGULATIONS * * * Section 7.2.16 GU Government Use District Page 1 of 2 Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4 * * * 7.2.16.3 Deve lopment Regula ti ons (GU) a . Unless development regulations in t he GU government use district are prov ided, =i=Re the development regulations (setbacks, floor area ratio, signs , park ing , etc.) in t he GU government use district shall be the ave rage of the requirements contained in the su rroundin g zoning districts as determined by the planning and zoning director, which shall be approved by the city commission . Notwithstand ing the foregoing, there shall be no req uired ma ximum setback within the GU government use district. SECTION 2. REPEA LER. All ord inances or parts of ord inances and all section and parts of se ctio ns in conflict herewith be and the same are hereby repea led . SECTION 3. CODIFICATION . It is the intention of the City Comm iss ion , and it is hereby orda ined that the pro vi sions 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 Ord inance may be renumbered or relettered to accomp lish such intention ; and that the word "ordinance " may be changed to "section " or other ap propriate word . SECTION 4. SEVERABILITY . If any section , subsection , clause or provision of th is Ord inan ce is held invalid , the remainde r shall not be affected by such inval idity. SECT ION 5. EFFECTIVE DATE . Th is Ordinance shall take effect ten da ys following adoption . PASSED AND ADOPTED this __ day of _______ , 2026 . ATTEST: Ste ven Me iner, Mayor Rafael E. Granado , City Clerk First Read ing : May 20 , 2026 Second Read ing : June 24, 2026 Verified by: __________ _ Thomas R. Mooney, AIC P Planning Director APPROV ED AS TO FORM AND LANGUAGE & FOR CUTION T :\Agenda\2026\0 5 May 2026\Planning\GU District Regulations • First Reading ORD.docx Page 2 of 2 Docusign Envelope ID: 63F6452A-F278-809D-8261-78C7EC0E21C4