This chapter shall officially be known and may be cited as the "City of Miami Gardens Land Development Code." Such chapter may also be cited as the "City of Miami Gardens Land Development Regulations" or "City of Miami Gardens Zoning Code." This chapter may be referenced and cited internally as "these regulations," "LDRs," and "this chapter."

(Ord. No. 2010-10-218, § 2(1-10), 4-7-2010)

(a)

The catchlines of the several sections of this chapter printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b)

The history or source notes appearing in parenthesis after sections in this chapter have no legal effect and only indicate legislative history. Editor's notes, Charter references, related laws references and cross references and state law references that appear in this chapter after sections or at the beginning of articles, or that otherwise appear in footnote form are provided for the convenience of the user of the chapter and have no legal effect.

(c)

Unless specified otherwise, all references to articles, divisions or sections are to articles, divisions or sections of this chapter.

(Ord. No. 2010-10-218, § 2(1-20), 4-7-2010)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

(Ord. No. 2010-10-218, § 2(1-30), 4-7-2010)

(a)

All ordinances adopted subsequent to the date of adoption of the ordinance from which this chapter is derived which amends, repeal or in any way affect this chapter shall be numbered in accordance with the numbering system of this chapter and printed for inclusion in this chapter. In the case of articles, divisions, sections or any part thereof, which are repealed by subsequent ordinances, such repealed portions may be excluded from the chapter by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this chapter and subsequent ordinances numbered or omitted are readopted as a new chapter by the city council.

(b)

Amendments to any of the provisions of this chapter shall be made by amending such provisions by specific reference to the section number of this chapter in the following language: "That section ___ of the Land Development Code of the City of Miami Gardens, Florida, is hereby amended to read as follows:…." The new provisions shall then be set out in full as desired.

(c)

If a new section not heretofore existing in the chapter is to be added, the following language shall be used: "That the Land Development Code of the City of Miami Gardens, Florida, is hereby amended by adding a section, to be numbered ___, which such section reads as follows:…. "The new section shall then be set out in full as desired.

(d)

All articles, divisions, sections, or provisions desired to be repealed must be specifically repealed by article, division, or section number, as the case may be.

(Ord. No. 2010-10-218, § 2(1-40), 4-7-2010)

(a)

By contract or by municipal personnel, supplements to this chapter shall be prepared and printed whenever authorized or directed by the city council. A supplement to the chapter shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the chapter. The pages of a supplement shall be so numbered that they will fit properly into the chapter and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the chapter will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this chapter, all portions of the chapter, which have been replaced, shall be excluded from the chapter by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this chapter, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified chapter. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions.

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the chapter printed in the supplement, and make changes in such catchlines, headings and titles.

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the chapter and, where necessary to accommodate new material, change existing section or other subdivision numbers.

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter."

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in this chapter.

(Ord. No. 2010-10-218, § 2(1-50), 4-7-2010)

Whenever in this chapter or in any city ordinance any act is prohibited or is made or declared to be unlawful or a violation/offense, or whenever in this chapter or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violation of any such provision of this chapter or any ordinance shall be punished by a fine not exceeding $500.00 or imprisonment for a definite term not exceeding 60 days, or both such fine and imprisonment. Each day any violation of any provision of this chapter or of any ordinance shall continue shall constitute a separate violation/offense.

(Ord. No. 2010-10-218, § 2(1-60), 4-7-2010)

State Law reference— Penalty for ordinance violations, F.S. § 162.22.

(a)

Assessed. There is hereby assessed by the city, in accordance with F.S. § 938.15, an additional $2.00, as court costs against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance, where said offense occurred within the city limits. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal or county ordinance relating to the parking of vehicles.

(b)

Use. All such assessments shall be collected by the appropriate court and shall be remitted to the city and will be used as authorized by law.

(Ord. No. 2010-10-218, § 2(1-70), 4-7-2010)

No applications will be processed by the city, and no reviews will be conducted by the city, until an applicant has first shown that the applicant is not financially indebted to the city for any reason, including, but not limited to, ad valorem property taxes, special assessments, city utility charges, code violation fines, and other government-imposed liens. This section does not apply to those loans with the city that are current in payment. Furthermore, this section may be waived by the city upon a showing by the applicant that the review is a prerequisite for bringing a property that is out of compliance with this chapter into compliance with this chapter.

(Ord. No. 2010-10-218, § 2(1-80), 4-7-2010)

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of these regulations are severable, and if any phrase, clause, sentence, paragraph or section of this chapter as now or later amended or its application to any person or circumstance is held unconstitutional, such unconstitutionality shall not affect other provisions or any of the remaining phrases, clauses, sentences, paragraphs and sections of these regulations.

(Ord. No. 2010-10-218, § 2(1-90), 4-7-2010)

The provisions of this chapter, insofar as they are substantially the same as legislation previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Ord. No. 2010-10-218, § 2(1-100), 4-7-2010)

(a)

Nothing in this chapter or the ordinance adopting this chapter shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this chapter:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this chapter, unless specifically stated.

(2)

Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city.

(3)

Any administrative ordinances or resolutions of the city not in conflict or inconsistent with this chapter.

(4)

Any right or franchise granted by any ordinance.

(5)

Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way.

(6)

Any resolution adopting the budget or any appropriation ordinance.

(7)

Any ordinance levying or imposing taxes.

(8)

Any ordinance prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones.

(9)

Any rezoning ordinance or amendment to the zoning map.

(10)

Any ordinance establishing and prescribing the street grades of any street.

(11)

Any ordinance providing for local improvements and assessing taxes for such improvements.

(12)

Any ordinance dedicating or accepting any plat or subdivision.

(13)

Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city.

(14)

Any ordinance or resolution establishing positions, classifying positions, establishing pension or employee benefits, setting salaries of city officers and employees or any personnel regulations.

(15)

Any temporary or special ordinance.

(16)

Any ordinance calling an election.

(17)

Any ordinance authorizing agreements.

(18)

Any ordinance levying a fee, rate, deposit or charge.

(19)

Any ordinance regarding development, zoning or land use.

(20)

All such ordinances and resolutions are on file in the city clerk's office.

(Ord. No. 2010-10-218, § 2(1-110), 4-7-2010)

The purpose and intent of this chapter is to assist implementation of the city's comprehensive plan. This chapter is adopted to assist in carrying out the desired general policies of the comprehensive plan for managing the use of land, water, and resources within the city. This chapter is, and shall remain, consistent with the comprehensive plan, as mandated by the state's local government comprehensive planning act. This chapter shall be amended as necessary to assure consistency with the city's comprehensive plan.

(Ord. No. 2010-10-218, § 2(1-120), 4-7-2010)

The city is hereby divided into the following zoning districts that implement the various land use classifications of the adopted CDMP, and achieve the other purposes of this chapter:

(Ord. No. 2010-10-218, § 2(1-130), 4-7-2010; Ord. No. 2011-25-267, Exh. B, 11-2-2011; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020; Ord. No. 2023-011-467, § 2(Exh. A), 10-11-2023; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

(a)

R-1 single-family dwelling residential district. Provides for use and occupancy of one-family detached dwelling units at low densities, essential services and facilities, and select public and institutional uses. Implements the lowest density range of the neighborhood CDMP land use category, allowing up to six du/ac.

(b)

R-2 two-family dwelling residential district. To provide for use and occupancy of one-family detached and two-family dwellings at low-medium densities, essential services and facilities, and select public and institutional uses. Implements the seven to 15 du/ac range of the neighborhood CDMP land use category.

(c)

R-15 multiple-family dwelling residential district. Provides for use and occupancy of one-family attached and detached, two-family and multiple-family dwellings at low-medium densities, essential services and facilities, and select public and institutional uses. Implements the seven to 15 du/ac range of the neighborhood CDMP land use category.

(d)

R-25 multiple-family dwelling residential district. Provides for use and occupancy of single-family attached and multifamily dwellings at medium densities, essential services and facilities, and select public and institutional uses. Also permits single-family detached and two-family dwellings. Implements the 16 to 25 du/ac range of the neighborhood CDMP land use category.

(e)

R-50 multiple-family dwelling residential district. Provides for use and occupancy of single-family attached and multifamily dwellings at medium-high densities, related essential services and facilities, and select public and institutional uses. Also permits single-family detached and two-family dwellings. Implements the 25 to 50 du/ac range of the neighborhood CDMP land use category.

(f)

NC neighborhood commercial district. Provides locations for a variety of commercial uses, select public and institutional uses, select recreation and entertainment uses, and places of assembly, that are located within, and compatible with, adjacent neighborhoods. Implements the neighborhood (suburban commercial and office) CDMP land use category.

(g)

PCD planned corridor development district. Implements the CDMP commerce land use category by allowing multiple-family residential dwellings, a wide range of commercial uses, select recreation and entertainment uses, mixed residential and commercial uses, select public and institutional uses, and places of assembly in the following urban contexts as identified in the CDMP: urban commercial and office; medium-density residential; medium-high density residential; urban center; urban core; and Golden Glades Area. See article XV of this chapter for detailed intent and purpose statements.

(h)

I-1 industrial district, light. Provides for a wide range of land uses including research, assembly, fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Implements the CDMP urban industrial component of the commerce land use category.

(i)

I-2 industrial district, heavy. Provides for a wide range of land uses including research, assembly, fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Implements the CDMP urban industrial component of the commerce land use category.

(j)

PD planned development district. Provides flexibility in the master planning, design and development of relatively large properties for residential, commercial, mixed residential commercial, public and institutional uses, and recreation and entertainment uses. May be used to implement the neighborhood and commerce CDMP land use categories.

(k)

AU agricultural and utilities district. Provides for agricultural, select public and institutional uses, select recreational uses, limited commercial and service uses, and light industrial uses. The AU district is compatible with, and allowed within, the neighborhood commerce land use categories of the CDMP.

(l)

OF office district. Provides for a wide range of office, related supporting business uses, and limited public and institutional uses. Implements the CDMP suburban office component of the neighborhood land use classification.

(m)

GP government properties district. Provides for public and institutional uses that are classified as "public and semi-public uses" in the CDMP or that are provided for the general use, benefit, or protection of the community. The CDMP authorizes such uses in all land use categories subject to the applicable plan policies.

(n)

EO entertainment overlay district. The area is intended to revitalize commercial centers in the city thereby generating revenue and providing ample and convenient shopping for residents. The EO district also encourages and supports large-scale development or entertainment driven uses including, but not limited to, hotels, theaters, cultural centers, indoor recreation facilities, alcoholic beverages uses, commercial activities, with the purpose of attracting customers and visitors from local, regional, national, and international areas. The EO district is depicted on the official zoning map and overlay areas designated planned corridor development (PCD).

(o)

BTO business transitional overlay district. The business transitional overlay district (BTO) is intended to encourage redevelopment of underutilized properties and consolidation of developable parcels, thereby achieving more efficient land use and improved site design, while providing a smooth transition between residential and commercial properties.

(p)

PACE performing arts, civic and entertainment overlay district. The performing arts, civic, and entertainment overlay district (PACE) is intended to facilitate development focused on cultural, vocational and institutional uses including performing and visual arts.

(q)

INN innovation overlay district. The area is intended to revitalize and promote improvement and enhancement of existing industrial areas by providing unique development opportunities including but not limited to, food halls, maker spaces, live/work lofts, micro-breweries and marketplaces.

(Ord. No. 2010-10-218, § 2(1-140), 4-7-2010; Ord. No. 2011-25-267, Exh. B, 11-2-2011; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2020-001-420, § 2, 1-22-2020; Ord. No. 2023-011-467, § 2(Exh. A), 10-11-2023; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

When uncertainty exists as to boundaries of the districts on the official zoning map, the following rules shall apply:

(1)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highway, or alleys shall be construed as following such lines.

(2)

Lot, section and tract lines. Boundaries indicated as approximately following lot, section, quarter-section, or tract lines shall be construed as following such lines.

(3)

Political boundaries. Boundaries indicated as approximately following political boundaries shall be construed to be following such political boundaries.

(4)

Railroad lines. Boundaries indicated as following railroad lines shall be construed to be following the centerline of the railroad right-of-way.

(5)

Shorelines and bulkheads. Boundaries indicated as following shorelines and bulkheads shall be construed to be following such, and in the event of change, shall be construed to be moving with such change. Boundaries indicated as approximately following the centerline of streams, rivers, canals, or other bodies of water shall be construed to be following such centerline.

(6)

Parallel lines. Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Bisecting lines. Where district boundary lines approximately bisect blocks, the boundaries are the median line of such blocks between the centerlines of boundary streets.

(8)

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in case any other uncertainty exists, the zoning board of appeals shall interpret the intent of the official zoning map as to the location of district boundaries.

(9)

Street abandonments. Where a public road, street, or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply to such vacated or abandoned road, street, or alley.

(10)

Excluded areas. Where a parcel of land or water area has been inadvertently excluded from a zoning district classification in any manner, until changed at public hearing, such parcel shall be classified in conformance with the district which surrounds it and which is most restrictive adjacent to it.

(Ord. No. 2010-10-218, § 2(1-150), 4-7-2010)

No building or structure shall be erected, reconstructed, or structurally altered, nor shall any building, land, water, or air rights, over land be used for any purpose other than a use permitted in the district in which such building, land, water, or air rights, are located. No buildings or land shall be used, erected, altered or arranged so as to produce greater heights, smaller yards, or less unoccupied area, and no building shall be occupied by more families than prescribed in this chapter for such building for the district in which it is located. No lot which is now or may be hereafter built upon shall be so reduced in area that the yards and open spaces will be smaller than prescribed by this chapter, and no yard, court, or open space provided about any building for the purpose of complying with the provisions hereof shall be used as a yard, court, or other open space for any other building or lot.

(Ord. No. 2010-10-218, § 2(1-160), 4-7-2010)

(a)

Map adoption. The boundaries of each zoning district are designated as shown on the official zoning map for the city. The boundaries of the districts together with all explanatory statement therein are hereby adopted and incorporated as a part of this chapter. The original and official zoning map is to be continuously maintained and kept by the administrative official.

(b)

Map amendment. No changes or amendments to the official zoning map shall be made except in compliance and conformity with all procedures set forth in this chapter. If, in accordance with these procedures, the city adopts zoning map changes amendments, such changes shall be made to the official zoning map promptly after official adoption of the change or amendment as provided for in this chapter. The administrative official shall be responsible for the physical changing and amendment of the official zoning map.

(c)

Map replacement. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature and number of changes and additions, the city commission may adopt a new official zoning map, which shall supersede the prior official zoning map.

(Ord. No. 2010-10-218, § 2(1-170), 4-7-2010)

(a)

Ratification of prior acts. All zoning-related resolutions, regulations, order determinations, codes, and policies made and adopted prior to the effective date of this chapter by the city commission, and all acts and things done by the zoning board of appeals, the planning board, or any of the city employees, officers, appointees, or agents in the administration and enforcement of those resolutions, regulations, orders, codes and policies prior to the effective date of this chapter are hereby ratified, approved, and confirmed.

(b)

Relationship of other local, state, and federal regulations. In the interpretation and application of these regulations, the various provisions shall be held to be minimum requirements or maximum intensities or allowances for the public health, safety, morals, and/or general welfare, as determined by context. Where regulations or requirements are specific, such as, but not limited to, build-to-line or specific setbacks that are neither minimums or maximums, such standards or requirements shall be held to be necessary for the public health, safety, morals, and/or general welfare, unless otherwise provided. Where any of these regulations are at variance with the requirements of other local, state, and federal adopted statutes, rules, regulations, ordinances or codes, the most restrictive or that imposing the highest standard shall govern.

(c)

Repeal of existing and conflicting regulations. All regulations, codes, and policies, or parts thereof, which are in conflict or inconsistent with this chapter and all zoning and land development regulations in effect prior to the effective date of the ordinance from which this chapter is derived are hereby repealed.

(d)

Reversion clause. In the event any provision of this chapter is determined to be invalid, said provision shall revert to the applicable provision in the county Code of Ordinances.

(Ord. No. 2010-10-218, § 2(1-180), 4-7-2010)