R5J - Approve Ac Unit Setback Regulations
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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.
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Detailed Information
Cached: 3 weeks agoOrdinances - R5 J
COMMISSION MEMORANDUM
10:15 a.m. Second Reading Public Hearing
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 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
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).
UPDATE The subject ordinance was approved at First Reading on May 21, 2025, 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: 6/20/2025 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 adopt the ordinance.
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
10:15 a.m. 2nd Rdg, Setback Regulations for AC Units. (Rosen Gonzalez) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 5/21/2025 - R5 M