North Miami City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE 1
- GENERAL PROVISIONS
Sections
- Sec. 1-101. - Title.
- Sec. 1-102. - Authority.
- Sec. 1-103. - Purpose of LDRs.
- Sec. 1-104. - Jurisdiction and applicability.
- Sec. 1-105. - Comprehensive plan and future land use map.
- Sec. 1-106. - Official zoning map.
- Sec. 1-107. - Transitional rules.
- Sec. 1-108. - Construction rules.
- Sec. 1-109. - Severability.
ARTICLE 2
- DECISION-MAKING AND ADMINISTRATIVE BODIES
Sections
- DIVISION 1. - CITY COUNCIL
- DIVISION 2. - PLANNING COMMISSION
- DIVISION 3. - BOARD OF ADJUSTMENT
- DIVISION 4. - DOWNTOWN ACTION PLAN ADVISORY COMMITTEE
- DIVISION 5. - ZONING APPEALS BOARD
- DIVISION 6. - ADMINISTRATIVE DECISION-MAKERS AND STAFF
- DIVISION 7. - DEVELOPMENT REVIEW COMMITTEE
ARTICLE 3
- DEVELOPMENT REVIEW
Sections
- DIVISION 1. - PURPOSE AND APPLICABILITY
- DIVISION 2. - GENERAL DEVELOPMENT REVIEW PROCEDURES.
- Sec. 3-201. – Pre-application conference.
- Sec. 3-202. - Application.
- Sec. 3-203. - Determination of completeness.
- Sec. 3-204. - Review by development review committee.
- Sec. 3-205. - Permitted uses.
- Sec. 3-206. – Site plan review.
- Sec. 3-207. - Building permit.
- Sec. 3-208. – Zoning Improvement Permits.
- Sec. 3-209. - Permit to move building; bond.
- Sec. 3-210. - Buildings on through lots.
- Sec. 3-211. - Certificate of occupancy.
- Sec. 3-212. - Certificate of completion.
- Sec. 3-213. - Certificate of re-occupancy.
- Sec. 3-214. - Resubmission of application affecting same property.
- Sec. 3-215. - Certificate of use.
- Sec. 3-216. - Unity of title; covenant in lieu thereof.
- DIVISION 3. - UNIFORM NOTICE AND PROCEDURE FOR PUBLIC HEARINGS
- DIVISION 4. - CONDITIONAL USES
- Sec. 3-401. - Purpose and applicability.
- Sec. 3-402. - General requirements.
- Sec. 3-403. - Application.
- Sec. 3-404. - Staff review, report and recommendation.
- Sec. 3-405. - Standards for approval of conditional uses.
- Sec. 3-406. - Planning commission recommendation.
- Sec. 3-407. - City council decision.
- Sec. 3-408. - Effect of decision.
- Sec. 3-409. - Changes to conditional use approvals.
- Sec. 3-410. - Expiration of approval.
- DIVISION 5. - SPECIAL EXCEPTIONS
- Sec. 3-501. - Purpose and applicability.
- Sec. 3-502. - Application.
- Sec. 3-503. - Staff review, report and recommendation.
- Sec. 3-504. - Standards for approval.
- Sec. 3-505. - Board of adjustment decision.
- Sec. 3-506. - Effect of decision.
- Sec. 3-507. - Changes to special exception approvals.
- Sec. 3-508. - Expiration of approval.
- DIVISION 6. - VARIANCES HEARD BY BOARD OF ADJUSTMENT
- Sec. 3-601. - Purpose and applicability.
- Sec. 3-602. - Application.
- Sec. 3-603. - Staff review, report and recommendation.
- Sec. 3-604. - Administrative variances.
- Sec. 3-605. - Review, hearing and decision by board of adjustment.
- Sec. 3-606. - Standards for variances.
- Sec. 3-607. - Time limit for variances.
- Sec. 3-608. - Effect of decision.
- DIVISION 7. - APPEALS
- Sec. 3-701. – Purpose and applicability.
- Sec. 3-702. – Appeal period.
- Sec. 3-703. - Applicability.
- Sec. 3-704.- Application and contents of appeal.
- Sec. 3-705. - Time period of hearing.
- Sec. 3-706. - Notice of hearing.
- Sec. 3-707. - Action by the zoning appeals board.
- Sec. 3-708. - Effective Date.
- Sec. 3-709. - Appeals from the decisions of the zoning appeals board.
- DIVISION 8. - PLATS, SUBDIVISIONS, ADDRESS ASSIGNMENT
- Sec. 3-801. - Purpose and applicability.
- Sec. 3-802. - Plats and platting, recording; exceptions.
- Sec. 3-803. - Waiver of plat.
- Sec. 3-804. – Tentative plat.
- Sec. 3-805. - Vested rights.
- Sec. 3-806. - Final plat.
- Sec. 3-807. - Public improvements and maintenance, withholding from subdivision not approved or accepted.
- Sec. 3-808. - Drainage.
- Sec. 3-809. - Design standards.
- Sec. 3-810. - Required improvements.
- Sec. 3-811. - Construction plans required.
- Sec. 3-812. - Bond in lieu of immediate construction.
- Sec. 3-813. - Subdivision of portion of tract.
- Sec. 3-814. - Encroachment on or in streets.
- Sec. 3-815. - Variances and waivers.
- Sec. 3-816. - City’s regulations, effect.
- Sec. 3-817. - Excavations.
- Sec. 3-818. - Street signs.
- Sec. 8-819. - Proposed street names on plats and plans.
- Sec. 3-820. - Street type designations.
- Sec. 3-821. - Alternatives to renaming streets.
- Sec. 3-822. - Uniform building numbering system.
- Sec. 3-823. - Building numbering for specific uses.
- Sec. 3-824. - Building numbers specifications.
- Sec. 3-825. - Authority for changing building numbers.
- Sec. 3-826. - Duty of building owners relative to building numbering.
- DIVISION 9. - VACATION OR ABANDONMENT OF RIGHT-OF-WAY AND EASEMENTS
- Sec. 3-901. - Purpose and applicability.
- Sec. 3-902. - Application and fees.
- Sec. 3-903. - Standards.
- Sec. 3-904. - Staff review, report and recommendation.
- Sec. 3-905. - Planning commission review and recommendation.
- Sec. 3-906. - City council review and decision.
- Sec. 3-907. - Effect of vacation or abandonment.
- DIVISION 10. - AMENDMENTS TO TEXT OF LDRS AND CHANGES TO THE OFFICIAL ZONING MAP
- Sec. 3-1001. - Purpose and applicability.
- Sec. 3-1002. - Application.
- Sec. 3-1003. - Standards for zoning map changes.
- Sec. 3-1004. - Standards for text amendments to these LDRs
- Sec. 3-1005. - City staff review, report and recommendation.
- Sec. 3-1006. - Planning commission review and recommendation.
- Sec. 3-1007. - City council review and decision.
- DIVISION 11. - COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS
- Sec. 3-1101. - Purpose and applicability.
- Sec. 3-1102. - Plan and map amendment processing.
- Sec. 3-1103. - Application.
- Sec. 3-1104. - Conditions of approval.
- Sec. 3-1105. - City staff review, report and recommendation.
- Sec. 3-1106. - Local planning agency review and recommendation.
- Sec. 3-1107. - Transmittal hearing.
- Sec. 3-1108. - DEO objections, recommendations and comments.
- Sec. 3-1109. - Adoption hearing.
- Sec. 3-1110. - Transmittal of adopted amendments.
- Sec. 3-1111. - Compliance agreements.
- DIVISION 12. - PROTECTION OF LANDOWNER'S RIGHTS; VESTED RIGHTS DETERMINATIONS
- DIVISION 13. - DEVELOPMENT AGREEMENTS
- Sec. 3-1301. - Purpose and applicability.
- Sec. 3-1302. - Application.
- Sec. 3-1303. - Staff review and report.
- Sec. 3-1304. - Planning commission review.
- Sec. 3-1305. - City council review.
- Sec. 3-1306. - Standards of review.
- Sec. 3-1307. - Contents of development agreement.
- Sec. 3-1308. - Recording of development agreement.
- Sec. 3-1309. - Effect of decision.
- Sec. 3-1310. - Changes to development agreements.
- Sec. 3-1311. - Termination or revocation of approval.
- DIVISION 14. - NEW DEVELOPMENT; IMPACT FEES
- Sec. 3-1401. - Short title.
- Sec. 3-1402. - Findings.
- Sec. 3-1403. - Intent.
- Sec. 3-1404. - Authority.
- Sec. 3-1405. - Definitions.
- Sec. 3-1406. - Applicability of impact fee.
- Sec. 3-1407. - Imposition of impact fee.
- Sec. 3-1408. - Administration of impact fee.
- Sec. 3-1409. - Administrative fees.
- Sec. 3-1410. - Administrative procedures for petitions for impact fee determinations, refunds, credits and deferments.
- Sec. 3-1411. - Appeal to zoning appeals board.
- Sec. 3-1412. - Judicial review.
- Sec. 3-1413. - Effect of impact fee on planning, zoning, subdivision, and other regulations.
- Sec. 3-1414. - Impact fees as additional and supplemental requirement.
- Sec. 3-1415. - Alternative collection method.
ARTICLE 4
- ZONING DISTRICTS
Sections
- DIVISION 1. - ESTABLISHMENT OF ZONING DISTRICTS
- DIVISION 2. - ZONING DISTRICTS.
- DIVISION 3. - SPECIAL PURPOSE AND OVERLAY DISTRICTS
- Sec. 4-301. - Residential office (RO) district.
- Sec. 4-302. - Planned development districts: PD-1, PD-2 and PD-3.
- Sec. 4-303. - Arts, culture and design overlay district (AOD).
- Sec. 4-304. - Public use (PU) district.
- Sec. 4-305. - Neighborhood redevelopment overlay (NRO) district.
- Sec. 4-306. – Planned Corridor Overlay District (PCD).
- Sec. 4-307- Planned community urban design overlay (PCUD).
- Sec. 4-308- Regional activity center (RAC).
- Sec. 4-309- Special development and transit-oriented development overlay (SDTOD).
- Sec. 4-310- North miami transit station overlay district (NMTSOD).
ARTICLE 5
- DEVELOPMENT STANDARDS
Sections
- DIVISION 1. - ACCESSORY USES AND STRUCTURES
- Sec. 5-101. - Accessory uses and structures; Permits required.
- Sec. 5-102. - Accessory dwellings units.
- Sec. 5-103. - Roof overhangs, eaves, cornices and balconies, awnings and other sun-shading devices, canopies, entryway features, pergolas, trellises and other similar structures, other architectural structures, and covered carports. The following minimum standards shall apply:
- Sec. 5-104. - Drive-throughs, walk-up windows, and automated teller machines.
- Sec. 5-105. – Private/non-public educational facilities and child care facilities
- Sec. 5-106. - Reserved.
- Sec. 5-107. - Permanently installed stand-by generators.
- Sec. 5-108. - Private noncommercial dish antennas.
- Sec. 5-109. - Restaurant, open air.
- Sec. 5-110. - Solid waste containers/mechanical equipment.
- Sec. 5-111. - Swimming pools, all districts.
- Sec. 5-112. - Unattached accessory structures.
- Sec. 5-113. – Paving on side and rear yards.
- DIVISION 2. - ADULT DAYCARE, ADULT LIVING FACILITIES, CHILD CARE AND COMMUNITY RESIDENTIAL HOMES
- DIVISION 3. - ADULT ENTERTAINMENT USES
- DIVISION 4. - ANIMAL CARE FACILITIES
- DIVISION 5. - AUTOMOTIVE USES
- DIVISION 6. - BOATS, DOCKS, SEAWALLS, ETC.
- DIVISION 7. – TRANSPORTATION CONCURRENCY
- DIVISION 8. - DESIGN
- DIVISION 9. - ALCOHOLIC BEVERAGES
- Sec. 5-901. - Construction of chapter.
- Sec. 5-902. - Definitions.
- Sec. 5-903. - Licensing requirements.
- Sec. 5-904. - Licensing compliance.
- Sec. 5-905. - Reserved.
- Sec. 5-906. - Bottle clubs prohibited.
- Sec. 5-907. - Location of premises.
- Sec. 5-908. - Generalized table of sale of alcoholic beverage regulations.
- Sec. 5-909. - Distance requirements.
- Sec. 5-910. - Nightclubs soundproofing required.
- Sec. 5-911. - License required for music and entertainment.
- Sec. 5-912. - Standards for providing music and entertainment license.
- Sec. 5-913. - Hours during which sales are allowed; consumption.
- Sec. 5-914. - Licensee moving to new location.
- Sec. 5-915. - Change of beverage license series.
- Sec. 5-916. - Variances.
- Sec. 5-917. - Consumption restricted.
- Sec. 5-918. - Moonshine; ownership, possession, or control prohibited; penalties; seizure of apparatus.
- Sec. 5-919. - Enforcement.
- Sec. 5-920. - Regulations to be supplemental to county and state laws.
- DIVISION 10. - GUN SHOPS
- DIVISION 11. - HOME OCCUPATIONS
- DIVISION 12. - MINIMUM LANDSCAPING AND BUFFERING REQUIREMENTS
- Sec. 5-1201. – In General.
- Sec. 5-1203. - General standards.
- Sec. 5-1204. - Extra standards, exceptions, prohibitions.
- Sec. 5-1205. - Landscape plans and permit required.
- Sec. 5-1206. - Perimeter landscaping relating to abutting properties.
- Sec. 5-1207. - Protection of solar access.
- Sec. 5-1208. - Required landscaping for off-street parking adjacent to public rights-of-way.
- Sec. 5-1209. – Fences, walls and hedges; safety barriers for swimming pools.
- Sec. 5-1210. - General standards for residential and residential office districts, nonresidential districts, safety barriers for swimming pools, and barbed wire.
- Sec. 5-1211. – Safe sight distance triangle.
- DIVISION 13. - LIGHTING
- DIVISION 14. - PARKING AND LOADING
- Sec. 5-1401. - General criteria.
- Sec. 5-1402. - Schedule of required parking.
- Sec. 5-1403. - Shared parking.
- Sec. 5-1404. - Exempt parking areas.
- Sec. 5-1405. - Storage, maintenance and/or parking of trucks, boats and/or recreational vehicles.
- Sec. 5-1406. - Prohibited parking and/or storage.
- Sec. 5-1407. - Off-street loading.
- Sec. 5-1408. - Parking garages abutting single family.
- Sec. 5-1409. - Vehicle rental.
- Sec. 5-1410. - Valet parking.
- Sec. 5-1411. - Prohibition against operating helipad.
- Sec. 5-1412. - Penalty.
- DIVISION 15. - SIGNS
- Sec. 5-1501. - Purpose.
- Sec. 5-1502. - Prohibited signs.
- Sec. 5-1503. - General standards.
- Sec. 5-1504. - Signs permitted without a permit.
- Sec. 5-1505. - Permitted signs requiring development review.
- Sec. 5-1506. - Comprehensive sign program.
- Sec. 5-1507. - Nonconforming Signs
- Sec. 5-1508. - Abandoned signs.
- Sec. 5-1509. - Nuisances and hazards prohibited.
- Sec. 5-1510. - Conflict.
- Sec. 5-1511. - Severability.
- Sec. 5-1512. - Relief from standards.
- DIVISION 16. - STANDARDS FOR SPECIFIC USES
- Sec. 5-1601. - Boarding up/covering of buildings and windows.
- Sec. 5-1602. - Check cashing store.
- Sec. 5-1603. - Consignment shops.
- Sec. 5-1604. - Conversion of second floor of commercial buildings to residential.
- Sec. 5-1605. - Nightclubs.
- Sec. 5-1606. - Gun shops.
- Sec. 5-1607. - Pawnshops.
- Sec. 5-1608. - Room additions to residential structures and conversions of garages or carports to living space.
- Sec. 5-1609. - Self-service/coin laundries.
- Sec. 5-1610. - Short-term rentals in residential districts.
- Sec. 5-1611. - Mobile food dispensing vehicles.
- DIVISION 17. - STORAGE FACILITIES
- DIVISION 18. - TELECOMMUNICATIONS WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS
- Sec. 5-1801. – Purpose and applicability.
- Sec. 5-1802. - AM array. For purposes of implementing this division, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
- Sec. 5-1803. - General requirements/minimum standards.
- Sec. 5-1804. - Permitted uses on public property.
- Sec. 5-1805. - Permitted uses on private property.
- Sec. 5-1806. - Special exception use.
- Sec. 5-1807. - Buildings or other equipment facilities.
- Sec. 5-1808. - Removal of abandoned antennas and towers.
- Sec. 5-1809. - Nonconforming uses.
- Sec. 5-1810. - Protection of the city and residents.
- Sec. 5-1811. - Security fund.
- Sec. 5-1812. - Penalties.
- Sec. 5-1813. - Severability.
- DIVISION 19. - TEMPORARY USES
- Sec. 5-1901. - General.
- Sec. 5-1902. - Permitted temporary uses
- Sec. 5-1903. - Permit and Standards.
- Sec. 5-1904. - Temporary construction trailer.
- Sec. 5-1905. - Yard sales.
- Sec. 5-1906. - Temporary storage containers/pods—Residential districts.
- Sec. 5-1907. - Temporary medical facilities and clinics.
- Sec. 5-1908. - Other temporary uses
- DIVISION 20. - LIVE/WORK UNITS--GENERAL
- DIVISION 21. - ART IN PUBLIC AND PRIVATE PLACES
- DIVISION 22. - DISTANCE LIMITATIONS FOR CERTAIN USES
- Sec. 5-2201. - Purpose, legislative intent.
- Sec. 5-2202. - Definitions.
- Sec. 5-2203. - Location and distance restriction within the C-3 zoning district.
- Sec. 5-2204. – Location and distance restriction within the C-1 zoning district along N.W. 7th Avenue, known as the Chinatown Cultural Arts and Innovation District.
- DIVISION 23. - TREE PRESERVATION AND PROTECTION
- Sec. 5-2301 - In general.
- Sec. 5-2302 – Tree removal permit.
- Sec. 5-2303. - Relocation, replacement, payment to tree mitigation fund.
- Sec. 5-2304. - Replacement trees/tree mitigation.
- Sec. 5-2305. - Removal and replacement of trees located on canal banks.
- Sec. 5-2306. - Tree mitigation fund.
- Sec. 5-2307. - Pruning or trimming standards.
- Sec. 5-2308. - Tree protection during construction or improvements to property.
- Sec. 5-2309. - Tree abuse—prohibited.
- Sec. 5-2310. - Complaint procedures.
- Sec. 5-2311. - Exemptions.
- Sec. 5-2312. - Code compliance; appeals.
ARTICLE 6
- NONCONFORMITIES
Sections
- DIVISION 1. - NONCONFORMING USES AND STRUCTURES
- DIVISION 2. - NONCONFORMING LOTS
- DIVISION 3. - NONCONFORMING ACCESSORY USES AND ACCESSORY STRUCTURES
- DIVISION 4. - TERMINATION OF STATUS AS A NONCONFORMITY