North Miami City Zoning Code

The following zoning districts are hereby established in the City of North Miami:

A. Residential districts:

R-1 Residential estate district;

R-2 Single-family district;

R-4 Multifamily district;

R-5 Multifamily district;

R-6 Multifamily district;

BZ Multifamily district.

B. Nonresidential districts:

C-1 Commercial;

C-2BE Commercial;

C-2BW Commercial;

C-3 Commercial;

M-1 Industrial.

C. Overlay and special purpose districts:

Residential office district (RO);

Planned development district - 1 (PD-1);

Planned development district - 2 (PD-2);

Planned development district - 3 (PD-3);

Arts, culture and design overlay district (AOD);

Public use district (PU);

Neighborhood redevelopment overlay district (NRO);

Regional activity center overlay district (RAC);

Planned Corridor Development (PCD);

Planned Community Urban Design (PCUD);

Special Development and Transit-Oriented Development Overlay District (SDTOD);

North Miami Transit Station Overlay District (NMTSOD).

NW 7th Avenue Cultural Arts and Innovation Overlay District (CAIOD)

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1327, § 1, 2-14-12; Ord. No. 1442, § 2, 9-10-19; Ord. No. 1445, § 2, 11-26-19; Ord. No. 1541, § (exh.1), 12-9-25)

This article is to establish zoning districts where the comprehensive plan land uses are located and grouped together to create, protect and maintain a desirable living environment within the City of North Miami. Based on these districts the LDRs also implement the goals, objectives, and policies of the City Comprehensive Plan (the “Plan” or “comprehensive plan“) and adopted maps. Zoning district uses, standards, dimensional and area requirements are also established in this article.

(Ord. No. 1442, § 2, 9-10-19; Ord. No. 1445, § 2, 11-26-19; Ord. No. 1541, § 2, 12-9-25)

1. The purpose of the R-1 residential estate district and the R-2 single-family district is to establish areas of low-density residential uses characterized by detached dwellings, protect and preserve the integrity and value of existing low-density neighborhoods consistent with the low-density residential land use category of the comprehensive plan.
2. The purpose of the R-4 multifamily residential district is to provide areas for lower density multifamily residential uses while ensuring that there is a transition between single-family to other more intense forms of residential development and allowing varied forms of residential dwellings, i.e., duplex, triplex, townhouses, apartments, college/dormitory housing, and which may also include child care centers, adult daycare and living facilities, consistent with the low-medium density residential land use category of the comprehensive plan.
3. The purpose of the R-5 multifamily residential district is to provide areas appropriate for medium density multifamily residential uses, e.g., townhouses, apartments, college/dormitory housing, etc., and which may also include child care centers, adult daycare and living facilities, and institutional uses such as hospitals, nursing, and convalescent homes, consistent with the medium residential density land use category of the comprehensive plan.
4. The purpose of the R-6 multifamily residential district is to designate areas appropriate for higher density residential uses that are compatible with the overall residential character of the district, e.g., townhouses, apartments, and college/dormitory housing and which may also include child care centers, adult daycare, and living facilities, and institutional uses, such as hospitals, nursing, and convalescent homes, consistent with the high-density residential land use category of the comprehensive plan.
5. The purpose of the BZ multifamily residential district is to designate shoreline areas appropriate for higher density development, consistent with the bayshore zone high-density residential land use category of the comprehensive plan.
6. The purpose of the C-1 commercial district is to provide the citizens of the city with convenient access to goods and services without adversely impacting the integrity of residential neighborhoods.
7. The purpose of the C-2BE and C-2BW commercial districts is to enhance the high-quality commercial areas along the Biscayne Boulevard and NE 123rd Street corridors.
8. The purpose of the C-3 commercial district is to enhance the central business district of the City by allowing greater flexibility in development standards and to encourage mixed use development in order to enhance the pedestrian experience of citizens and to promote the use of transit. The downtown commercial area is encapsulated within the C-3 district.
9. The purpose of the M-1 industrial district is to accommodate industrial and related uses in the City, and to support mixed-use within the Transit Station Overlay District.

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1442, § 1(exh. 1), 9-10-19)

The following chart establishes the uses allowed in the zoning districts in the city. “P“ indicates whether the use is permitted, subject to review and approval in accordance with article 3 of these LDRs. “P*” indicates whether the use is permitted subject to review and administrative site plan approval in accordance with article 3 of these LDRs. “SE“ indicates that the use is permitted but only through special exception review. A blank cell in the use table indicates that a use is not permitted in the respective district.

A use not listed in the use table, but possessing similar characteristics, including, but not limited to: size, intensity, density, operating hours, demands for public facilities such as water and sewer, traffic and environmental impacts, and business practices, may be allowed upon advance written application (on a form approved by the city) to and written approval by the community planning and development director, and the city council by resolution. Such uses will be determined based on the use category tables and definitions in Article 7 “Definitions“. Similar uses shall be subject to all requirements of the uses to which they are similar, except as may be expressly permitted in writing by the director and city council.

No use is permitted unless it complies with the provisions of the zoning district in which it is located and the applicable development standards in article 5 of these LDRs, except as otherwise provided in these LDRs.

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1452, § 1(exh. 1), 4-28-20)

*Administrative site plan shall be required.
**Subject to Article 5, Division 9.
***Prohibited in the arts, culture and design overlay district (AOD) subject to section 4- 403E.
****Retail and personal service uses larger than one (1) acre in size are prohibited in the industrial district, in an effort to minimize depletion of the industrial land supply. Retail sales and service uses one (1) acre or less in size should front on major east-west corridors including NE 146th Street and NE 151 Street.
¹Retail showroom, automobile use requires min. lot area of one (1) acre. No more than 15% of the gross building area assigned to the retail automobile showroom business shall be devoted to minor vehicle service.
²Vehicle Sales Major use requires a minimum lot area of 30 or more acres.
³ Prohibited in the NW 7th Avenue Cultural Arts and Innovation Overlay District.
⁴ Prohibited in C-1 zoned areas within 500 feet of a single-family residential district, and is further subject to criteria established in section 5-1702 and 5-2205.
⁵ Prohibited on NW 119th Street, NE 6th Avenue, 135th Street, or within the PCD.
⁶ May be permitted through the special exception process, provided that the subject property borders Biscayne Boulevard, and is separated by a minimum of 3,000 linear feet from another vehicle sales establishment.
⁷ Subject to the distance restrictions established in Division 22.
⁸ Limited to the east side of the NW 7th Avenue Corridor.

(Ord. No. 1439, § 2, 04-23-19; Ord. No. 1452, § 1(exh. 1), 4-28-20; Ord. No. 1485, § 2, 6-30-22; Ord. No. 1476, § 1(exh. 1), 12-14-22; Ord. No. 1541, § 2, 12-9-25)

A. Residential districts.

Uses permitted in the residential districts shall be developed in accordance with the following standards and other applicable development standards in article 5 of these LDRs:

(Ord. No. 1442, § 2, 9-10-19; Ord. No. 1445, § 2, 11-26-19; Ord. No. 1466, § 2, 8-24-21; Ord. No. 1527, § 1, 09-24-24; Ord. No. 1527, § 2, 9-24-24)

B. Non-residential Districts^{12 3}

1. In the commercial corridor on Biscayne Boulevard beginning at NE 123rd Street North to NE 135th Street, no land use, LDR or text amendment may be granted which would allow a height greater than forty-five (45) feet.
2. Special rear yard setback and height restrictions.
   1. Biscayne Boulevard, east side, from NE 123rd Street to NE 131st Street: maximum height forty-five (45) feet with a fifty-foot minimum setback.
   2. Biscayne Boulevard, east side, from NE 131st Street to NE 134th Street (at canal): maximum height forty-five (45) feet with a twenty-five-foot minimum rear setback.
   3. NE 123rd Street, south side, from 19th Avenue to Bayshore Drive: maximum height thirty-five (35) feet with a twenty-five-foot minimum setback.
   4. For those properties zoned M-1 and generally bounded by NE 124th Street, NE 122nd Street, NE 12th Place and NE 13th Avenue:
      1. Use: Industrial uses that include fabrication, manufacturing, assembly or processing of materials that are in refined form shall be located in enclosed structures designed to prevent the escape of smoke, gas, odor, dust, noise, vibration of earth, soot or lighting and shall not include dry cleaning plants.
      2. Buffering: In addition to required landscape buffering, for uses other than industrial, an eight (8) foot steel fence or CBS/masonry wall shall be installed along NE 12th Place. If the use is industrial, an eight (8) foot CBS/masonry wall shall be installed along NE 12th Place.
      3. Height: Maximum building height is forty-five (45) feet.
      4. Setback: Minimum rear yard setback shall be fifteen (15) feet.
      5. Building Orientation: There will be no signage and commercial or industrial businesses fronting on NE 12th Place.

(Ord. No. 1438, § 2, 04-23-2019; Ord. No. 1442, § 2, 9-10-19; Ord. No. 1445, § 2, 11-26-19)

1. Minimum lot frontage. No townhouse development shall be constructed on a site with a frontage of less than one hundred fifty (150) feet.
2. Minimum usable open space. Not less than twenty-five (25) percent of the total lot area shall be dedicated for usable open space, either for recreation or some other suitable use, public or private, as approved by the planning commission. For the purpose of this Section, individual lots or portions thereof, roads, driveways, garages and parking areas shall not be construed as usable open space.
3. Distance between townhouse rows. No townhouse row shall be closer than twenty (20) feet to any other townhouse row.
4. Length of townhouse row. No townhouse row shall consist of more than six (6) dwelling units.
5. Parking. In addition to the requirements of article 5, division 16:
   1. Design. All garages provided shall conform architecturally to, and be of similar materials as, the principal buildings in the development.
   2. Location. Garages may be built into townhouses or may be constructed on individual lots or on common areas.
6. Setbacks.
   1. Front yard. No building or structure shall be constructed closer than twenty-five (25) feet to any front property line.
   2. Side yards. No building or structure for end units shall be located closer than fifteen (15) feet to any side lot line.
   3. Unattached accessory structures in rear yards of townhouse lots.
      1. Utility sheds and similar accessory structures. These structures may occupy up to one hundred (100) square feet. In interior townhouse lots, these structures shall maintain minimum rear setback of five (5) feet. In corner townhouse lots, these structures shall also maintain a minimum of fifteen (15) feet from the exterior side property line, and the minimum rear setback shall be ten (10) feet.
   4. Access to parking spaces. Forward and reverse (back out) movements are permitted for townhouse developments.

1. Residential and Commercial Pools. Residential and commercial pools of available units and available non-residential square footage are hereby created as follows:
   1. Residential: A pool of one thousand two hundred twenty-six (1,226) floating bonus units for use within the NRO, PCD, PD (exclusive of Sole Mia), NMTSOD, and multifamily districts outside of the SDTOD, through the conditional use permit process.
   2. Commercial: A commercial pool of seven hundred, fifty thousand (750,000) square feet for use within the NRO, PCD and the NMTSOD, through the conditional use permit process.
   3. For each new unit approved through an amendment to the comprehensive plan, one (1) dwelling unit shall be debited from the residential pool.
2. Multi-family residential zoning districts.
   For parcels of land within the multifamily residential zoning districts , a density bonus may be granted up to twenty-five (25) du/acre through conditional use approval, (excepting those properties which lie in, or are adjacent to, or abutting the Village of Biscayne Park Transition Zone).

Residential developments immediately north of NE 121st Street, within the Village of Biscayne Park Transition Zone, may not exceed their current entitlement and shall be subject to the strict development standards as further established in these LDRs.

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1442, § 2, 9-10-19; Ord. No. 1499, § 2, 11-07-22)

1. Purpose. The purpose of the residential office (RO) district is to allow for the conversion and use of existing low-density residential structures in areas so designated by the comprehensive plan for non-intensive office-oriented land uses. The district is intended as a transitional buffer between low-density residential and more intensive commercially oriented land uses to prevent the physical and economic decay of the structures located within the transitional area and to promote their revitalization. Upon conversion of a property previously utilized as residential to a residential office use, all single-family residential uses may continue.
2. Permitted uses. The following professional offices uses shall be permitted, subject to administrative site plan approval
   
   Accounting and auditing
   Advertising
   Appraisers
   Architecture/engineering
   Building contracting (office only, no related equipment or vehicle storage of any sort on the premises)
   Chiropractic
   Dentistry (excluding clinics)
   Economic analysis and planning
   Financial planning
   Insurance
   Investigative
   Investment (excluding brokerage offices)
   Law
   Market research
   Medicine (excluding clinics)
   Notary public
   Planning and zoning consulting
   Psychological counseling (excluding clinics)
   Public relations
   Realty offices
   Secretarial services
   Studio, fine arts
   Surveying (office only, no related equipment or vehicle storage of any sort on the premises)
   Other offices of a nature similar to that of the above uses
3. Development standards.
   1. Setbacks.
      Front: existing building setback or ten (10) feet, whichever is greater.
      Side: seven and one-half (7.5) feet or ten (10) percent of lot width, whichever is greater.
      Rear: twenty-five (25) feet or existing, whichever is greater.
   2. Maximum height: thirty-five (35) feet.
   3. Lot coverage: eighty-five (85) percent.
   4. Parking. Parking may be located in the front yard, provided that it is paved or improved with permeable concrete; a landscaped buffer of ten (10) feet by two and one-half (2.5) feet installed in a manner which channelizes access to the parking field and which prohibits a continuous curb cut with back out parking.
   5. Design. The exterior design and appearance of structures in the district shall be similar to single-family residential structures. No structure shall be altered to produce a store front, a display window, or other feature that would detract from the residential character of structures in the district.
   6. Landscaping. In addition to the landscaping requirements established herein and in elsewhere in these LDRs, there shall be a landscaped setback of two and one-half (2.5) feet the length of the property line in the front yard.
   7. Signage. One (1) fixed nonilluminated primary identification sign flush to the front of the building, not exceeding the roofline, may be permitted provided that the sign does not exceed six (6) square feet.

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1296, § 1, 5-25-10)

1. Purpose and applicability. The purpose of the above-listed planned development districts is to provide a means of:
   1. Promoting greater innovation and creativity in the development of land.
   2. Ensuring that the location of mixed-use development outside of the NRO is appropriate and compatible with adjacent land uses in accordance with the goals, policies and objectives of the comprehensive plan.
   3. To promote a more desirable community environment through approval as a rezoning and the issuance of a conditional use permit.
   4. A planned development district shall not be approved in an R-1 or R-2 district.
2. Development standards. The city council may approve a planned development subject to compliance with the development criteria and minimum development standards set out in this section.
   1. Uses permitted:
      Accessory uses, incidental, subordinate or related to any of the below uses.
      Active and passive parks and open space;
      Adult living facilities (ALF);
      Community facilities;
      Educational facilities;
      Hospitals and/or medical facilities;
      Hotels;
      Recreation/entertainmentindoor and outdoor;
      Nightclubs;
      Office;
      Public uses;
      Recording and TV/radio/film;
      Religious institutions;
      Residential;
      Restaurants;
      Research and technology;
      Retail sales and service;
      Service station as an accessory use;
      Vehicle sales/displays and vehicle service (only within a PD greater than thirty (30) acres in size);
      Mixed-use—Any combination of three (3) or more permitted uses, one of which must be residential.
   2. Minimum development standards. Any parcel of land for which a planned development is proposed must conform to the following minimum standards:
      1. Minimum site area. The minimum site area required for a planned development shall be not less than two (2) acres.
      2. Configuration of land. The parcel of land for which the application is made for a planned development shall be a contiguous unified parcel with sufficient width and depth to accommodate the proposed use. The minimum average width and or depth for any planned development shall be one hundred (100) feet.
      3. Density. The density requirements shall be in accordance with the provisions of the applicable land use classifications in the comprehensive plan as follows:
         Maximum density (without bonuses under the provisions below):
         PD-1: 25 du/acre;
         PD-2: 40 du/acre;
         PD-3: 45 du/acre;
         Hotels: for parcels less than fifty (50) acres, not exceeding double the number of permitted dwelling units with at least ten (10) percent of the floor area to be office, retail or residential.
         Other uses: density consistent with comprehensive plan land use category.
      4. Bonus density for mixed-use (outside the NRO): additional density may be granted up to fifteen (15) dwelling units per acre through conditional use approval.
      5. Height:
         PD-1: fifty-five (55) feet;
         PD-2: seventy-five (75) feet;*
         PD-3: one hundred ten (110) feet;
         Other uses: refer to comprehensive plan land use category.
         * Exception: The property formerly referred to as the Munisport or Biscayne Landing parcel and now known as Sole Mia, which is bounded to the north by NE 151st Street, to the south by NE 137th Street, to the east by Bay Vista Boulevard, and to the west by Biscayne Boulevard, shall be permitted up to 450 feet of building height above the parking pedestal. In such instance, the height of the parking pedestal shall be set as part of the conditional use permit.
      6. Mixed uses. Mixed uses within a planned development shall be a compatible and complementary combination of office, hotel, multifamily and retail or any three (3) or more combination of permitted uses (one of which must be residential) which shall be oriented to the needs of the district in which the development is located.
      7. Open space. The minimum open space required for a planned development shall be not less than twenty (20) percent of the parcel proposed for development.
      8. Design requirements. All buildings within a planned development shall conform to the following:
         1. The design requirements in article 5, division 8 of these LDRs;
         2. Architectural relief and elements ( e.g., windows, cornice lines, etc.) shall be provided on all sides of buildings visible to the public;
         3. Facades in excess of one hundred fifty (150) feet in length shall incorporate design features such as: staggering of the facade, different window treatments and use of architectural elements such as vertical features; and
         4. Parking garages shall include architectural treatments compatible with the principal use and comply with the parking requirements of these LDRs.
      9. Perimeter and transition. Any part of the perimeter of a planned development which fronts on an existing street or open space shall be so designed as to complement and harmonize with adjacent land uses with respect to scale, density, setback, bulk, height, and screening. Height and setbacks for properties that are adjacent and/or abutting land in the R-1 and R-2 districts shall comply with the height/setback requirements for multifamily and nonresidential development which are adjacent and/or abutting such land in the R-1 and R-2 districts, as provided in these LDRs..
      10. Minimum street frontage; building site requirement, number of buildings per site, lot coverage and all setbacks. There shall be no specified minimum requirements for street frontage, building sites, number of buildings or lot coverage within the development.
      11. Building frontage. Nothing in this section shall be construed as prohibiting a building in a planned development from fronting on a private street when such buildings are shown to have adequate access in a manner which is consistent with the purposes and objectives of these regulations and such private street has been reviewed by the planning commission and approved by the city council.
      12. Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permitted uses and structures are permitted in a planned development. Any use permissible as a principal use may be permitted as an accessory use, subject to limitations and requirements applying to the principal use.
      13. Signs. The number, size, character, location and orientation of signs and lighting for signs for a planned development shall be governed by a comprehensive sign program for the project or the portions thereof seeking, and as part of, a conditional use permit.
      14. Refuse and service areas. Refuse and service areas for a planned development shall be designed, located, landscaped and screened and the manner and timing of refuse collection and deliveries, shipment or other service activities so arranged as to minimize impact on adjacent or nearby properties or adjoining public ways, and to not impede circulation patterns.
      15. Ownership of planned development. All land included within a planned development shall be under contract or owned by the applicant requesting approval of such development, whether that applicant be an individual, partnership or corporation, or groups of individuals, partnerships or corporations. The applicant shall present proof of the unified control of the entire area within the proposed planned development or, provide a declaration of restrictive covenants or covenant in lieu or an agreement stating that if the owner(s) or its successor or assigns proceeds with the proposed development they will:
          
          Develop the property in accordance with:
          1. The final development plan approved by the city council.
          2. Regulations existing when the Planned Development Ordinance is adopted.
          3. Such other conditions or modifications as may be attached to the approval of the conditional use permit for the construction of such planned development.
      16. Provide agreements and declarations of restrictive covenants acceptable to the city council for completion of the development in accordance with the final development plan as well as for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense and which bind the successors and assigns in title to any commitments made under the provisions of the approved planned development.
      17. Easements. The city council may, as a condition of planned development approval, require that suitable areas for easements be set aside, dedicated and/or improved for the installation of public utilities and purposes which include, but shall not be limited to water, gas, telephone, electric power, sewer, drainage, public access, ingress, egress, and other public purposes which may be deemed necessary by the city council.
      18. Installation of utilities. All utilities within a planned development including but not limited to telephone, electrical systems and television cables shall be installed underground.
      19. Other development standards, such as lot dimensions, setbacks, distances between buildings, open space and construction phasing shall be determined by the city council, upon recommendation of the planning commission, with due regard for the standards in subsection C. below, the surrounding areas, sound planning principles, and the public health, safety and welfare.
      20. Modification or alteration. The development standards hereof may be modified or altered by the city manager if it is determined that the granting of the modification or alteration furthers the purpose and applicability of the planned development by promoting greater creativity, flexibility and innovation in the development of the land involved. Only minor modifications or alterations may be adjusted under this subsection, pursuant to the standards used in sections 3-206 (substantial compliance determinations) and 3-409 (conditional use approval).
3. Required findings. The planning commission shall recommend to the city council the approval, approval with modifications, or denial of the plan for the proposed planned development. Such recommendation shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth with particularity in what respects the proposal would or would not be in the public interest. These findings shall include, but shall not be limited to the following:
   1. In what respects the proposed plan is or is not consistent with the stated purpose and intent of the planned development regulations and the comprehensive plan.
   2. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, density, size, area, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
   3. The extent to which the proposed plan meets the requirements and standards of the planned development regulations.
   4. The physical design of the proposed planned development and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open areas, and further the amenities of light and air, recreation and visual enjoyment.
   5. The proposed planned development is consistent with the applicable standards of these LDRs;
   6. The character, location and size of the land proposed to be designated is appropriate for planned development; and
   7. The conditions of development approval assure that the future use of the property will be compatible with existing and future land uses on adjacent properties.
4. Application requirements. In addition to application requirements provided by administrative regulation, the following plans and specifications shall be required to be submitted with an application for approval of a planned development district and shall be reviewed and approved pursuant to the applicable provisions of these LDRs:
   1. A reproducible plot plan drawn to scale of not less than one (1) inch equals twenty (20) feet, containing the following data:
      1. Name and address of the applicant and of all persons owning any or all of the property proposed to be used.
      2. Location of property involved in the form of a vicinity diagram.
      3. Legal description of property.
      4. All proposed facilities and/or uses.
      5. The property dimensions.
      6. Topography.
      7. All buildings and structures and their locations, elevations, sizes, heights and proposed uses.
      8. Location and design of recreation areas.
      9. Yards and spaces between buildings.
      10. Walls and fences and their location, height and materials.
      11. Landscaping, including location, type, and proposed disposition of existing trees.
      12. Offstreet parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.
      13. Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.
   2. Landscape and irrigation plans. A detailed, landscaping plan indicating the type and size of trees, shrubs, ground cover, and other horticulture, as per the landscaping requirements of these LDRs, shall be submitted along with a detailed irrigation plan showing the location, size, and method of irrigation facilities.
   3. Phasing plans. A progress plan delineating the various development phases, if more than one (1), and specifying a reasonable time allocation for each phase shall be submitted to and approved by the city council, pursuant to a recommendation of the planning commission. The total area of open space and/or recreation facilities provided in each phase shall, at a minimum, be in a similar proportion as in the entire development.
   4. Impact analysis:
      1. A cost-benefit feasibility study by an independent, qualified economist indicating community needs and/or benefits of the proposed development.
      2. A school impact study by an independent, qualified person or firm or school district staff indicating the effect of the proposed development upon the public school system.
      3. A traffic impact study prepared by a licensed traffic engineer, showing the impact of the proposed development on the surrounding area, the traffic potential to be generated by the development, the adequacy or inadequacy of existing streets to safely carry the predicted traffic loads, necessary changes in the street system or design caused by the development, projected costs of such improvements which may not be borne by the developer.
      4. A utility impact study including the impact of the proposed development and needed public and private services including, but not limited to, water, sanitation, fire protection, and drainage.
   5. Bonding or financial guarantee. Prior to the issuance of a building permit, the person or firm proposing the development shall deposit with the department of community planning and development a cash bond, surety bond, or time-deposit bond in an amount equal to one hundred ten (110) percent of the estimated cost of any and all improvements which may be required within dedicated rights-of-way and/or public facility easements to insure the placing and funding thereof.

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1322, § 1, 10-25-11; Ord. No. 1328, § 1, 2-14-12; Ord. No. 1347, § 1, 1-22-13; Ord. No. 1442, § 2, 9-10-19)

Editor’s note— Ord. No. 1328, § 1, adopted February 14, 2012, enacted provisions intended for use as subsection B.2.n. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection B.2.t.

1. Purpose. The purpose of the arts, design and cultural overlay district is to create a focus for the revitalization of the central city core and to advance the artistic, design and cultural uses within the district. The district shall support a live-work environment for artists and members of the design and cultural communities and shall encourage enclaves where artists may live, create work and market their art. The arts, culture and design district is dedicated to promoting public awareness of the “district” as a unique art, culture and design district and furthering arts, culture and design and art education within the district in the City of North Miami.
2. Applicability of other provisions of the city’s land development regulations. The regulations set forth in this section shall be supplementary to all other provisions and regulations of the North Miami Land development regulations and the underlying zoning district regulations shall continue to apply within the AOD.
3. Boundaries. The boundaries of the AOD as depicted on the official zoning map.
4. Permitted uses.
   1. All uses permitted in the zoning district wherein the property lies.
   2. Live/work studios (as further regulated under article 5, division 20) for artists, artisans, architects and designers who have a current business tax receipt from the city.
   3. Artist lofts.
   4. Artist galleries.
   5. Design studios.
   6. Photography studios.
   7. Musicians, dance, creative publishing and fashion recording studios.
   8. Home furnishing stores.
   9. Antiques and collectible stores.
   10. Retail sales of goods and services related to art, culture and design.
   11. Theaters (live performance).
   12. Music and entertainment venues.
   13. Restaurants, cafes and outdoor (cafe) seating/dining.
   14. Accessory uses.
       1. Arts, craft, culture and design classes.
       2. Outdoor arts, culture and design special events (art shows, cultural shows, design exhibitions).
       3. Farmer’s markets.
5. Prohibited uses. Liquor packaging stores shall be prohibited in the AOD.

1. Purpose. The purpose of the PU district is to allow the development of publicly owned or used lands in an efficient, innovative, and flexible way in order to maximize the benefit to the public of the use of the lands designated for public use.
2. Uses permitted. Subject to obtaining a conditional use permit in accordance with the applicable provisions of these LDRs, the following uses are permitted in the public use district:
   1. Government use.
   2. Docks and marinas.
   3. Parks and preservation lands.
   4. Public facilities.
   5. Uses accessory to the permitted uses.
   6. Community facilities.
   7. Educational facilities.

(Ord. No. 1278, § 1(exh. 1), 4-28-09; Ord. No. 1296, § 1, 5-25-10)

A. Purpose. The purpose of the NRO is to provide for the redevelopment of the urban core of the city through regulations and incentives that are designed to achieve the redevelopment, economic development, housing choice, and multi-modal transportation objectives and policies of the comprehensive plan, while protecting important residential areas of the city.

B. Effect of overlay. The development standards of the underlying zoning districts shall govern except to the extent any provision of this NRO district conflicts with the provisions of an underlying zoning district, and in such event the provisions of this NRO district shall control.

C. Uses.

1. In addition to the uses permitted in the underlying zoning districts, the following uses are permitted in the NRO district:

2. Prohibited uses:

Automobile service uses;

Adult entertainment business;

Drive throughs.

D. Development standards.

1. Transition standards for development within the NRO and residential land use category in the comprehensive plan shall be as set forth herein. These transitional standards are in to all other applicable development standards set forth in Sections 4-306, 5-802 and 5-803 of these LDRs for developments located along the city’s major corridors within the PCD.

2. An application for development approval within the NRO district may be allocated units and commercial square footage from the available pool provided that the application conforms in other respects to the provisions of the NRO district, the density for the proposed development shall not exceed the permitted density in the underlying district unless it qualifies for a density bonus under the provisions set forth herein, and subject to a conditional use permit approval by the city council and DRC site plan approval.

3. Density bonus. Additional density may be granted through conditional use approval. The community planning and development director shall track the number of dwelling units approved through use of the density pool established in 4-205, and report annually thereon.

4. Height.

5. Height bonus along major corridors

*Portions of a building above thirty-five (35) feet shall be set back an additional one (1) foot for every two (2) feet of height above thirty-five (35) feet.

7. Lot coverage and open space:

a. Maximum eighty (80) percent lot coverage and a minimum district-wide open space of twenty (20) percent.

b. Minimum on-site open space in the event the district-wide open space is less than twenty (20) percent: twenty (20) percent.

8. Setbacks. In addition to the required setbacks in the underlying zoning district, if the property is adjacent to an existing single-family dwelling, the minimum setback for multifamily structures shall be twenty-five (25) feet and parking areas shall be seven and one-half (7.5) feet.

9. Corridor standards. Parks, plazas, pedestrian access, civic and cultural activities and amenities shall be encouraged along major corridors in the NRO district.

(Ord. No. 1278, § 1(exh. 1); Ord. No. 1442, § 2, 9-10-19)

1. Purpose. The purpose of the PCD is to encourage a compact, high-intensity mix of residential, commercial, employment, and civic-institutional uses to support transit use, reduce single-occupancy vehicle use, increase pedestrian activity and improve access and mobility.
2. Effect of overlay. The development standards of the underlying zoning districts shall govern except to the extent any provision of this PCD district conflicts with the provisions of such underlying zoning district, in which event the provisions of the PCD district shall control. Furthermore, with the exception of the NW 7th Avenue Cultural Arts and Innovation Overlay District, the PCD district shall take precedence over any other overlay district.
3. General location. As identified on the zoning map, the PCD is applied to the following major corridors: State Road 7/NW 7th Avenue, the north side of NW 135h Street between NW 12th Avenue and NW 17th Avenue, NE 6th Avenue, Biscayne Boulevard, West Dixie Highway and NE 125th Street (as depicted on the zoning map).
4. Standards. The permitted uses, density and intensity of uses within the various corridors are governed by the underlying land use designations of the subject property; notwithstanding the foregoing, parcels within the PCD are subject to the following:
   1. State Road 7/NW 7th Avenue.
      1. Height: Up to 200 feet on the east side of the corridor, including parking levels and compatible building transitions and setbacks. On west side: maximum 55’.
      2. Mixed-use is allowed along the corridor with a permitted density of up to 125 du/acre, including floating units. Allocation is subject to the availability of floating units, and pursuant to a conditional use permit.
      3. Maximum lot coverage: 80%
      4. Development within the area bounded by NW 119^th Street to the south and NW 135^th Street to the north shall be subject to the design guidelines established for the NW 7th Avenue Cultural Arts and Innovation Overlay District.
   2. NE 6th Avenue.
      1. Height: 110 feet, including parking levels and compatible building transitions and setbacks.
      2. Density: 100 du/acre, subject to the availability of floating units. Such floating units require a conditional use permit.
      3. Maximum lot coverage: 80%
   3. Biscayne Boulevard.
      1. Height: 110 feet, including parking levels and compatible building transitions and setbacks, with an available bonus of forty (40) feet. (Please note that the east side of Biscayne Boulevard commercial corridor beginning at NE 123rd Street north to NE 135th Street, is NOT included in the PCD and, pursuant to article 4, division 2, Section 4-302(B)(1) of these LDRs, all development fronting this segment of the Biscayne Boulevard corridor shall be limited to a maximum height of 45 feet).
         1. For properties located east of NE 18th Avenue and South of NE 123rd Street, the permitted height shallbe two hundred ten (210) feet in height.
      2. Density: Up to 125 du/acre (limited to the west side), including floating units, subject to availability of floating units. Such floating units require a conditional use permit.
      3. Land use: Mixed-use (3 or more uses, one of which must be residential).
      4. Maximum lot coverage: 80%.
   4. West Dixie Highway.
      1. Height: 110 feet, including parking levels and compatible building transitions and setbacks.
      2. Density: Up to 100 du/acre, including floating units. Such floating units require a conditional use permit.
      3. Land use: Mixed-use (3 or more uses; one of which must be residential).
      4. Maximum lot coverage: 80%.
   5. NE 125th Street.
      1. Height: 110 feet within the NRO, including parking levels and compatible building transitions and setbacks.
      2. Density: Up to 100 du/acre, including floating units. Such floating units require a conditional use permit.
      3. Land use: Mixed-use (3 or more uses; one of which must be residential).
      4. Maximum lot coverage: 80%.
   6. Joe Celestin Global (NW 135th Street):
      1. This overlay district shall include property on the north side of NW 135th Streetbetween NW 12th Avenue and NW 17th Avenue.
      2. Height: Up to 200 feet west of the Joe Celestin Center, including parking levelsand compatible building transitions and setbacks.
      3. Mixed-use is allowed along the corridor with a permitted density of up to 150du/acre, including floating units. Allocation is subject to the availability offloating units, and pursuant to a conditional use permit. Commercial floor areais not subject to intensity limits but shall be approved by the City Councilpursuant to a conditional use permit.
      4. Maximum lot coverage: 80% (to be calculated for the district, including theresidential, commercial, and recreational uses)
      5. Signage. All property within the district will be subject to the regulations of theComprehensive Sign Program in Section 5-1506.
5. Transitions and setback.
   1. Structures with a height of greater than thirty-five (35) feet proposed to be developed on parcels of land which are adjacent to existing single-family dwellings shall set back twenty-five (25) feet from the adjacent property line.
   2. Portions of a building above thirty-five (35) feet shall set back an additional one (1) foot for every two (2) feet of height above thirty-five (35) feet.
   3. No surface parking lot shall be located within seven and one-half (7½) feet of any property line.

(Ord. No. 1440, § 2, 6-25-19; Ord. No. 1496, § 2, 10-25-22; Ord. No. 1516, § 2, 12-12-23; Ord. No. 1541, § 2, 12-9-25; Ord. No. 1549, § 2, 7-14-26)

1. Purpose. The purpose of the PCUD is to implement the development order for the 180-acre property known as Sole Mia.
2. Conceptual Master Development Plan requirements, as approved though Resolution 2015-R-16 and as may be amended from time to time.
   1. Height: 450 feet of building height above the parking pedestal. In such instance, the height of the parking pedestal shall be set as part of the conditional use permit.
   2. Density limitation: 40 du/acre.
      1. 4,390 residential units, including 4,315 multifamily and/or elderly assisted housing units; and
      2. Three-star hotel, containing approximately 150 keys (equivalent to 75 units).
   3. Intensity limitation: 1,491,256 sq. ft. of commercial, office, vehicle sales/display, institution, and or retail uses, in any combination.
   4. Additional requirements:
      1. An active open park of not less than 7.2 acres.
      2. A passive park of not less than 13.7 acres.
      3. An aggregate of no less than 37.0 acres of the property, including the park required in a. and b., above, will be devoted to recreation, community, open space, park, access or similar use (as approved by the city), including but not limited to a community center.

1. Purpose. The purpose of the RAC is to encourage and promote large-scale development and redevelopment as well as small parcel infill development and redevelopment that facilitate a balanced mix of land uses by providing maximum flexibility for development and redevelopment activities.
2. General location. The RAC totaling approximately one thousand seven hundred thirty-nine (1,739) acres, is generally bound by Biscayne Bay to the east, NE 163rd Street to the north, Biscayne Boulevard to the west, and NE 135th Street to the south, excluding property not located within the city limits of North Miami. The boundaries of the proposed regional activity center also include the area west of Biscayne Boulevard generally bound by 151st Street to the north, NE 18th Avenue to the west, FEC rail corridor to the east and NE 137th Street and NE 140th Street to the south (as depicted on the City’s official Zoning Map).
3. Permitted uses. The permitted uses and density and intensity of uses within the RAC shall be governed by the underlying zoning districts of the subject property. All future development within the regional activity center shall be compact, high intensity, high-density multi-use development designated as appropriate for intensive growth by the city and may include: residential; commercial; office; cultural and community facilities; educational facilities; recreational and entertainment facilities; hotels or motels; transportation facilities; utilities; research and development uses; health care services and appropriate industrial activities.
4. Development limits. The RAC is approved for the following development limits consistent with F.S. § 380.06(2):

5,000 Residential units;

400 Hotel rooms;

1043 acres Oleta State Park;

1,500,000 sq. ft., Industrial;

1,050,000 sq. ft., Office;

1,500,000 sq. ft., Commercial;

1,776 students (K—8) School use;

1,200 students (9—12) School use; and

8,199 University students—Florida International University.

1. Purpose. The primary purpose of the SDTOD is to accommodate compact, high-intensity, high-density mixed-use development and redevelopment featuring an attractive, intensive concentration of housing, employment, shopping, and enjoyment.
2. A residential pool of 2,000 floating dwelling units is available for use within the SDTOD, as established within the RAC agreement.
3. Applicability. The development standards of the underlying zoning districts shall govern except to the extent any provision of the SDTOD district conflicts with the provisions of an underlying zoning district, and in such event, the provisions of the SDTOD district shall control.
4. Boundaries. The boundaries of the SDTOD as depicted on the official zoning map.
5. Permitted Uses.
   1. All the uses allowed in the underlying zoning districts, wherein the property lies. The one-acre maximum size for uses in the M-1 – Industrial district shall not be applicable within the SDTOD.
   2. Residential
   3. Commercial
   4. Retail sales and service
   5. Medical office
   6. Specialty educational facilities
   7. Child and adult day care centers
   8. Hotels or similar lodging.
6. Development standards.
   1. Height. The permitted height shall not exceed 200 feet, inclusive of parking.
   2. Density limitation. Up to 150 du/acre (inclusive of floating units), subject to the availability of floating units. Density and intensity limitations, approved uses, and any additional requirements shall be set forth in the Conditional Use Permit.
   3. Minimum lot size: For the purposes of development, a minimum lot size of 10,000 sq. ft. shall be required.
   4. Dwelling unit size. Minimum five hundred (500) sq. ft.
   5. Lot coverage. Maximum eighty (80) percent lot coverage.

(Ord. No. 1327, § 1, 2-14-12; Ord. No. 1442, § 2, 9-10-19)

1. Purpose. The primary purpose of the NMTSOD is to create an intensive concentration of work, live, shop, and/or play activities comfortably accessible by foot, within approximately a half-mile radius or a 10-minute walking distance.
2. Applicability. The development standards of the underlying zoning districts shall govern except to the extent any provision of the NMTSOD district conflicts with the provisions of an underlying zoning district, or PCD overlay district, and in such event, the provisions of the NMTSOD district shall control.
3. Boundaries. The boundaries of the NMTSOD as depicted on the official zoning map.
4. Permitted Uses.
   1. All uses permitted in the zoning district wherein the property lies. The one-acre maximum size for uses in the M-1 - Industrial district shall not be applicable within the NMTSOD.
   2. Residential.
   3. Retail.
   4. Office.
   5. Mixed-use.
   6. Community facilities.
   7. Cultural facilities.
   8. Hotels or similar lodging.
   9. Parks and open space.
5. Development standards.
   1. Height. The permitted height shall not exceed 200 feet, inclusive of parking.
   2. Density limitation. Up to 150 du/acre (inclusive of floating units), subject to the availability of floating units. Density and intensity limitations, approved uses, and any additional requirements shall be set forth in the Conditional Use Permit.
   3. Minimum lot size. For the purposes of development, a minimum lot size of 10,000 sq. ft. shall be required.
   4. Dwelling unit size. Minimum five hundred (500) s.f.
   5. Lot coverage. Maximum eighty (80) percent lot coverage.
   6. Setbacks.
      1. Front: 0' - 10'
      2. Side: 0'
      3. Rear: 0'
   7. Transitional standards when adjacent to single-family residences.
      1. Structures with a height of greater than thirty-five (35) feet shall be set back twenty-five (25) feet from the property line adjacent to the existing single-family dwellings.
      2. No surface parking lot shall be located within seven and one-half (7 1/2) feet of any property line.

(Ord. No. 1445, § 2, 11-26-19; Ord. No. 1496, § 2, 10-25-22)

1. Purpose. The purpose of establishing the NW 7th Avenue Cultual Arts and Innovation Overlay District ("CAIOD") is to create a dynamic and inclusive envirionment that celebrates cultural expression, supports creative enterrise, and fosters sustainable, community-centered development. These regulations are designed to transform the corridor into a nationally recognized hub for artistic excellence and innovative business by encouraging forward-thinking architectural design, promoting equitable economic opoportunities, and enhancing the public realm through community-driven initiatives. Through the adoption of customized design standards, public art integration, and mixed-use developments that fuse culture and commerce, the district will serve as a catalyst for architectural tranformation and social enrichment.
2. Applicability. The CAIOD encompasses both the east and west sides of NW 7^th Avenue between NW 119^th Street and NW 135^th Street as depicted on the official zoning map. The development standards of the underlying zoning districts and the NW 7^th Avenue Planned Corridor Development District (“PCD”) shall govern except to the extent any provision of this CAIOD district conflicts with the provisions of an underlying zoning district or the PCD and in such event, the provisions of this CAIOD district shall control.
3. Permitted Uses.
   1. Accessory uses, incidental, subordinate or related to any of the below uses.
   2. All uses permitted in the zoning district and the PCD wherein the property lies.
   3. Sports Facilities;
   4. Miniature Golf;
   5. Active and passive parks and open space;
   6. Community facilities;
   7. Educational facilities;
   8. Hospitals and/or medical facilities;
   9. Hotels;
   10. Recreation/entertainment - indoor and outdoor;
   11. Bars, Lounges, and nightclubs;
   12. Office;
   13. Public uses;
   14. Recording, dance and production studios;
   15. Religious institutions;
   16. Residential;
   17. Live/work (as further regulated under article 5, division 20).
   18. Restaurants, restaurant halls, cafes and outdoor (cafe) seating/dining;
   19. Research and technology;
   20. Light industrial;
   21. Retail sales;
   22. Museums and art galleries;
   23. Breweries;
   24. Music and entertainment venues.
   25. Prohibited uses: Secondhand stores, smokeshops, child day care centers
4. Development Standards: Same as the NW 7^th Avenue PCD.

(Ord. No. 1541, § 2, 12-9-25)