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Hialeah, FL Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Base density
32 units per net acre
Maximum density with points
70 units per net acre
Base height
55 feet, 5 stories
Maximum height with points
95 feet, 9 stories
Housing trust fund option
$40,000 minimum, 2.0 points
Area 2 cap
65 ft / 6 stories / 60 units per acre

Summary

In Hialeah's NBD Neighborhood Business District overlay, developers earn density above the 32-unit-per-acre base, up to 70 units per net acre, and height above the 55-foot, five-story base, up to 95 feet and nine stories, by racking up incentive points for public benefits like a $40,000 housing trust fund contribution.

(a)Elements and assigned points...(3)2.0 points—Provide a one-time monetary contribution to the city's housing trust fund of no less than $40,000.00...(b)Calculation of total elements or points that correspond to allowable increase in density and height expressed in number of floors. The total number of assigned points of the density and height incentives, as identified and shown in the site plan, when added together, shall correspond to the allowable increased density, up to 70 residential units per net acre, that exceed the maximum base density of 32 residential units permitted without density incentives. Height incentives and increased stories, up to a maximum of 95 feet and nine stories, that exceed that maximum base height of 55 feet and five stories permitted without height incentives are subject to review of the physical site and its relation to the surrounding properties.

Full Breakdown

4 runs Hialeah's NBD density and height bonus as a menu of weighted incentive points, each usable only once per project. 0 points, goes to redeveloping a corner site in an activity node with no variances needed. 0-point option is a one-time payment of at least $40,000 to the city's housing trust fund. 5 point for items like rear parking out of street view, ground-floor pedestrian-oriented retail, private balconies or rooftop terraces on low-rise buildings with surface parking, amenity packages such as pools or fitness centers, upgraded lobbies, street-level public art, a parking garage wrapped by linear building on lower floors, and public plazas or colonnades with furnished seating.

4(b) converts the point total into a density and height table: one point buys 33 to 39 units per acre and one added story, two points buys 40 to 49 units and two stories, three points buys 50 to 59 units and three stories, and four points unlocks the ceiling of 60 to 70 units per acre and four added stories, on top of the 32-unit and 55-foot, five-story base set in Sec. 3. Height incentives above the base additionally require design review committee evaluation of the physical site and its relationship to surrounding properties, and Sec.

3(a) bars any variance to obtain density or height incentives where a project falls short on points. Buildings in the mapped Area 2 corridor are capped separately at 65 feet, six stories and 60 units per acre regardless of points earned, to preserve compatibility with that corridor's existing scale.

Violations & Fines

A site plan claiming density or height above the 32-unit/55-foot base without the matching, documented incentive points is rejected at design review and cannot be cured by variance; Sec. 98-1630.3(a) expressly prohibits a variance to make up for insufficient incentive points, so the applicant must either earn the points (contribution, amenities, design features) or scale the project back to the base density and height.

Frequently Asked Questions

How much density can a developer add above the NBD base?
Up to 70 residential units per net acre, nearly double the 32-unit base, by accumulating incentive points under Sec. 98-1630.4. Four points unlocks the full 60-70 unit range; fewer points unlock smaller increases in fixed bands.
Can a developer buy density with a cash payment alone?
Partly. A one-time $40,000-plus contribution to the city's housing trust fund earns 2.0 of the points needed, but reaching the higher density and height tiers still requires stacking additional design or public-benefit points from the Sec. 98-1630.4 list.
Can a variance substitute for missing incentive points?
No. Sec. 98-1630.3(a) explicitly prohibits a variance to obtain density and height incentive waivers where a project has insufficient points; the project must earn the points or build at the base density and height.

Sources & Official References

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