In order to classify, regulate, and restrict the use of land, water, buildings and structures, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces around and about buildings, to regulate the intensity of land use and to promote the orderly urban growth of North Miami Beach, the City is divided into a series of districts.

The boundaries of each district are designated and established as shown on the official zoning map of the City, as that map may be adopted and amended from time to time.

The official zoning map of the City shall consist of a map or series of maps, which may be prepared and adopted separately or cumulatively by the City Council.

The official zoning map shall be kept on public display in the Community Development Department, and said official zoning map, as amended from time to time, shall be a part of and incorporated in this Zoning Code.

No changes or amendments to the official zoning map shall be made except in compliance and conformity with this Code, and any such changes shall be made promptly after official adoption of the amendment.

The official zoning map approved and adopted by the City Council on June 17, 1980, and as amended from time to time, shall be the initial zoning map of the City.

(A)

Location of District Boundary Lines. When uncertainty exists as to boundaries of the districts on the official zoning map, the following rules shall apply:

(1)

Center lines: Boundaries indicated as approximately following the center lines of streets, highways and alleys shall be construed to follow such lines.

(2)

Lot lines: Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Municipal boundaries: Boundaries indicated as approximately following municipal boundaries shall be construed as following such municipal boundaries.

(4)

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

(5)

Water lines: Boundaries indicated as following water lines shall be construed to follow such water lines.

(6)

Parallel lines: Boundaries that are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center line or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning maps.

(7)

Bisecting lines: Boundaries that approximately bisect a block, lot or tract shall be construed to follow the median lines of such blocks, as indicated by rear property lines or as measured between the center lines of boundary streets in the absence of rear property lines or in the absence of both of the above by use of the scale appearing on the zoning maps.

(8)

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

(9)

Street abandonments: Where a public 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 street or alley.

(10)

Excluded areas: Where parcels of land have been inadvertently excluded from a zoning district classification in any manner, said parcels shall be classified as RS-1 until rezoned.

(B)

When use district regulations specifically incorporate the permitted uses of another use district, those permitted uses shall be subject to the requirements of the incorporating district, unless otherwise specified.

(C)

Where a permitted use is first specified in a use district, that use may only be permitted in that district and any district incorporating its permitted uses.

(D)

Unless otherwise specified, all height regulations shall be measured from the finished grade, as that term is defined in the Florida Building Code.

Development of residentially zoned or used property shall not exceed the maximum allowable residential density or building height set out in the North Miami Beach Comprehensive Plan or City Code applicable to that property in effect on August 1, 2008, whichever provisions are most restrictive. This provision shall not apply to the following zoning districts as shown on the City's zoning map as of the date this ordinance is approved: single-family zoning districts, zoning districts which do not list residential as a permitted use, and existing Planned Unit Development zoning districts.

(Ord. No. 2007-12, 12/18/07; Ord. No. 2008-13 § 2, 8/5/08)