§ 33-1. Definitions.
For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:
(1)
Accessory building. A secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. Also see Guesthouse.
(1.1)
Accessory wireless equipment building. Any building/cabinet, shelter, or structure associated with a Wireless Supported Service Facility constructed for the primary purpose of housing the electronics, mechanical equipment, backup power, power generators and other free standing equipment associated with the operation of the facility.
(1.2)
Adult Day Care Center. As defined in Chapter 429, Florida Statutes, an Adult Day Care Center shall include a facility that provides, for a part of a day, care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Said care services may include, but are not limited to, providing a protective and noninstitutional setting with therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care. Care services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment. On-site supportive and optional services provided at an adult day care center may include, but are not limited to, speech, occupational, and physical therapy; legal consultation; consumer education; and referrals for follow-up services. Overnight stay or overnight care is not permitted. A valid Certificate of Use shall be obtained and renewed annually. Adult day care centers shall be licensed in accordance with Chapter 429, Florida Statues, and proof of such license shall be provided to the County prior to issuance of a certificate of use.
(2)
Advertising signs. A surface whereon advertising matter is set in public view, including reference to any use of premises whereon it is displayed or posted.
(2.1)
Aged person means any person age sixty (60) or over who is currently a resident of the State and who, because of a functional impairment, requires personal assistance with the activities of daily living but does not require nursing home or institutional care.
(3)
Alcoholic beverages. The term "alcoholic beverages" shall be as defined by Section 561.01(4), Florida Statutes.
(4)
Alley. A narrow thoroughfare dedicated or used for public passageway up to twenty-five (25) feet in width, upon which usually abut the rear of the premises, or upon which service entrances or buildings abut, and not generally used as a thoroughfare by both pedestrians and vehicles, which is not used for general traffic, and is not otherwise officially designed as a street.
(4.1)
Allied health care clinical college/university. Any private college or university whose curriculum is devoted exclusively to subjects in the allied health care fields and which may include an accessory clinic where clinical services are provided by students under the supervision of a licensed health care professional as part of the academic training.
(5)
Alteration. Any change in the arrangement of a building, including any work affecting the structural parts of a building or any change in wiring, plumbing or heating systems.
(5.1)
Amusement center. Any indoor place or enclosure that contains three or more amusement devices of any description, including, but not limited to, pinball amusement games, computer amusement games and/or games of chance for the public amusement, patronage or recreation.
(5.1.1)
Amusement park or theme park. An amusement, entertainment, cultural, ecological, or historical place or complex that is open to the public and that may include, without limitation, buildings for public assembly, mechanical rides, games and contests, exhibits and demonstrations, musical shows, retail sales, marketplaces, food services, and water attractions.
(5.2)
Antennas. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, which includes but is not limited to telephonic, radio or television communications. Types of Antennas included, but are not limited to, whip antennas, panel, and/or Cylinder Type Antennas.
(5.3)
Antennas (cylinder type). Antennas which are fully housed within cylindrical design canisters.
(5.4)
Antenna support structure. A facility that is constructed and designed primarily for the support of Antennas, which include the following types:
(i)
Guyed tower. A tower that is supported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself;
(ii)
Lattice tower. A tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross section;
(iii)
Monopole. A tower of a single pole design; and
(iv)
Camouflaged structure. A structure designed to support antenna and designed to blend into the existing surroundings.
(6)
Apartment. A room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one (1) family with kitchen facilities for the exclusive use of the one (1) family.
(6.1)
Apartment building. A building which is used or intended to be used as a home or residence for three (3) or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units.
(7)
Apartment garage. A building designed and intended to be used for the housing of vehicles belonging to the occupants of an apartment building on the same premises, in connection with living quarters and having a square foot area not more than sufficient to house a number of automobiles not exceeding the number of apartments contained in the principal building.
(8)
Apartment hotel. Any public lodging establishment which otherwise meets the definition of a hotel, but which also has units with kitchen equipment and housekeeping facilities.
(9)
Arterial highway. Highways enumerated in Section 33-133.
(9.1)
Arts Foundation. A facility containing offices, lecture and seminar rooms, exhibition areas, as well as artists' work studios, all of which is operated by a non-profit organization dedicated to the promotion of the visual arts and artists through the exhibition and presentation of the foundation's artists' works.
(9.2)
Automobile gas stations/mini marts. Buildings and premises used for the supply and retail sale of motor fuels as well as the ancillary sale of convenience goods. Both full service and self-service dispensing of motor fuels are permitted.
(10)
Bar or saloon. Any place devoted primarily to the selling or dispensing and drinking of malt, vinous or other alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises.
(11)
Barbecue pit or building. An open or enclosed pit or fireplace or an open on enclosed building used primarily for cooking meats in the "barbecue style."
(12)
Barbecue stand. A refreshment place where space is provided or allowance is made for automobiles to gather for the primary purpose of serving the occupants barbecued meats.
(12.1)
Basement. That portion of a building between floor and ceiling which is so located that one-half (½) or more of the clear height from floor to ceiling is below-grade.
(12.2)
Bed and breakfast establishment. A bed and breakfast establishment is an owner-occupied single family dwelling offering transient accommodations and meals for paying guests. In the AU district, where bed and breakfast establishment is located on a working farm, the transient accommodations may be provided in a farm residence or a detached structure that need not be owner-occupied.
(13)
Beer. The word "beer" shall be as defined in Section 563.01, Florida Statutes.
(14)
Block. A block shall be deemed to be all that property frontage along one (1) highway lying between the two nearest intersecting or intercepting streets and railroad right-of-way or waterway, golf course, campus, park or similar open space.
(15)
Boundary of district. The center line of a street or right-of-way or the center line of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the maps adopted by Section 33-3.
(15.1)
Brewery (farm related). An establishment, located wholly on a farm, for the manufacture of malt liquors, such as beer and ale. The facility may have accessory uses as permitted under Section 33-279 of this chapter, including uses that permit the sale and consumption of products manufactured on site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(15.2)
Brewery (not farm related). An establishment for the manufacture of malt liquors, such as beer and ale. The facility may have related accessory uses, including uses that permit the sale and consumption of products that are manufactured on or off site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(15.3)
Brew Pub (Restaurant, Pub, or Bar with a Brewery, Distillery, or Winery as Accessory Use). A small brewery, distillery, or winery accessory to a pub, bar, or restaurant, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(16)
Building. A building is any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind.
(17)
Building height. The height of a building with a gabled or hip roof shall be the vertical distance measured from the average elevation of the finished building site to the top of the roof of the uppermost story. The height of a building with a flat or nearly flat roof shall be measured from the footing as stated above to the highest point of the roof (but not the parapet orcoping shall be used). A flat roof shall be considered a roof that has a slope of less than seven (7) degrees with the horizontal.
(18)
Building line. The extreme overall dimensions of a building as staked on the ground, including all area covered by any vertical projection to the ground of overhang of walls, roof or any other part of a structure, whichever is nearest to the property line, will be considered as the building line.
(19)
Building site. The ground area of a building or buildings together with all open spaces surrounded by said building or buildings.
(20)
Bungalow court. A bungalow court is a group of three (3) or more family units on one (1) or more adjoining lots, having separate outside entrances on the ground floor level for each single-family dwelling, including all open spaces required by this chapter; and all maintained under one (1) ownership.
(21)
Bungalow villas. A bungalow villa is a group of ten (10) or more one-story dwelling units containing not more than two (2) single-family units per structure, located on one (1) or more adjoining lots and having separate outside entrances on the ground floor level for each single-family dwelling, designed to provide accommodations for transient or overnight guests. Structures may be designed for full residential use including cooking and similar facilities, and must be maintained under one (1) ownership.
(22)
Business. See Place of business.
(23)
Cabaret. The term shall mean a place of business other than a "night club" located in a hotel or motel having fifty (50) or more guest rooms, where liquor, beer or wine is sold, given away or consumed on the premises, and where music or other entertainment is permitted or provided for the guest of said hotel or motel only.
(24)
Cafeteria. A place where food is obtained by self-service and eaten on the premises.
(25)
Center line, highway. A line running parallel with the highway right-of-way which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the Department of Public Works.
(26)
Certified survey. A survey, sketch, plan, map or other exhibit is said to be certified when a written statement regarding its accuracy or conformity to specified standards is signed by the specified professional engineer, registered surveyor, architect or other legally recognized person.
(27)
Church or religious facility. A church, synagogue or other structure in which worship services pertaining to a particular system of beliefs are held. Wherever the term "church" is used in this chapter the term "religious facility" shall also apply.
(28)
Club, pressing. A pressing, cleaning or laundry agency where no gasoline or explosive of any kind is used.
(29)
Club, private. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a nonprofit corporation and such corporation's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others.
(30)
Commercial districts. Either business, industrial or arts and crafts districts.
(30.01)
Commercial vehicle storage. The parking and storage for a fee of operable, non-disabled, licensed commercial motor vehicles as defined in section 320.01, Florida Statutes, construction equipment, agricultural equipment, and incidental temporary parking of operable, non-disabled, licensed passenger automobiles to serve such allowable uses on the same parcel (but not to include stand-alone automobile parking and storage uses such as car rental facilities).
(30.02)
Common use amenity. Feature provided for the common and exclusive enjoyment of residents within a residential site plan, including, without limitation, a recreational or entertainment facility, swimming pool, outdoor recreational area or facility, passive park, or water body set aside as park area.
(30.1)
Community residential home. A dwelling unit licensed to serve clients of the State of Florida Department of Healthand Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded from said count.
(30.2)
Commuter college/university. Any private college or university campus which is intended primarily to meet the needs of part-time and working students, which is located within a shopping center or office park, and which meets the following criteria: i) the campus is designed without any residential dormitories, athletic facilities, performance venues, and other facilities which are typically provided in college campuses to service full-time students, and ii) the square footage of all college and university campuses within the shopping center or office park consists of no more than 150,000 square feet of total building space or ten (10) percent of the square footage of the shopping center or office park, whichever is lower. A cafeteria/food court and school store selling new and used books and sundries for the convenience of students shall be considered as an ancillary use in connection with commuter college/university facilities provided that the square footage of such uses does not exceed ten (10) percent of the total square footage of the facility.
(31)
Conditional permit. A permit issued subject to revision or cancellation by the issuing department under the terms of this chapter.
(31.1)
Construction debris materials recovery transfer facility. The term construction debris materials recovery transfer facility shall mean a solid waste management facility that provides for the processing of construction and demolition debris and the extraction of recyclable materials therefrom.
(32)
Convention hall. An assembly or meeting place for delegates for action on particular matters such as political, fraternal, veterans affairs and the like.
(33)
Court. An open, unoccupied, unobstructed space, except for trees, shrubs and foundations, statuary, other than a yard, on the same lot as a building.
(34)
Court, bungalow. See Bungalow court.
(35)
Court, inner. A court surrounded by a structure and not extending to a street or alley or to a front, side or rear yard.
(36)
Court, outer. A court extending to a street or alley or to a front or rear yard.
(37)
Cubic content. The cubic content of a building is its bulk volume exclusive of the volume below grade. In ascertaining the cubic content of gabled buildings, the height shall be measured from the top of footings (which measurement shall not be below the average elevation of the building site) to a point halfway between the plate and ridge. For a flat roof the highest point of the roof (but not the parapet or coping) shall be used. In determining cubic content, only one-half (½) credit shall be given for attached, open porches and porte-cocheres; only two-thirds credit shall be given attached, enclosed garages. No credit shall be given for attached, screened enclosures when roof is of screen.
The cubic content required by this chapter and the zoning maps is hereby changed to a square footage requirement by dividing the cubic content requirement by ten (10). After the effective date of this ordinance [Ord. No. 72-20], minimum building sizes will be established on property which is rezoned by the application of minimum square footage figures rather than that of cubic content, and such figures shall be depicted on the zoning maps on a square footage basis. In ascertaining the square footage of a building, the gross horizontal floor area of the floor, or several floors between the exterior faces of the exterior walls of such building shall be included, with only two-thirds credit being given for attached garages and one-half (½) credit being given for attached open porches and porte-cocheres. No credit shall be given for screened enclosures when roof is of screen, nor shall credit be given for detached accessory buildings.
(37.05)
Decorative Elements (lawn). Decorative elements means aesthetic features, including fountains and statues, that are placed on open space outside of a building.
(37.1)
Department. Unless otherwise specified within this chapter, Department shall mean the Miami-Dade County Department of Regulatory and Economic Resources or successor department.
(37.1.1) Dependent child means:
(a)
A child who has been found by the court:
(1)
To have been abandoned, abused, or neglected by his parents or other custodians;
(2)
To have been surrendered to the department of a licensed child placing agency for purpose of adoption;
(3)
To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the Department of Health and Rehabilitative Services, whereupon, pursuant to State requirements, a performance agreement has expired and the parent(s) have failed to substantially comply with the requirements of the agreement;
(4)
To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption and a natural parent or parents have signed a consent pursuant to Florida Rules of Juvenile Procedure; or
(5)
To be at substantial risk of imminent abuse or neglect by the parent(s) or the custodian; or
(b)
A child for whom there is no pending investigation by the State of Florida Department of Health and Rehabilitative Services into an allegation or suspicion of abuse, neglect or abandonment; no pending referral alleging the child is delinquent; or no current supervision by the Department of Health and Rehabilitative Services for an adjudication of dependency or delinquency; provided that the child has also been found by the court:
(1)
To have persistently run away from his parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services and treatment offered by the State of Florida Department of Health and Rehabilitative Services;
(2)
To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services and treatment offered by the State of Florida Department of Health and Rehabilitative Services; or
(3)
To have persistently disobeyed the reasonable and lawful demands of his parents or legal custodians and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling.
(38)
Depth of lot. The depth of a lot is the depth between its mean front street line and its mean rear line.
(38.1)
Development disability means a disorder or syndrome which is attributable to intellectual disability, cerebral palsy, autism, epilepsy, or spina bifida and which constitutes a substantial handicap that can reasonably be expected to continue indefinitely.
(39)
Director. The word "Director" shall mean the Director of the Department or the Director's designee, unless the context clearly indicates otherwise.
(39.1)
Distillery (farm related). A facility located wholly on a farm designed for the distillation of agricultural products including grains, fruits, or vegetables into liquor or spirits. The facility may have accessory uses as permitted under Section 33-279 of this chapter, including uses that permit the sale and consumption of products manufactured on site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(39.2)
Distillery (not farm related). A facility designed for the distillation of agricultural products including grains, fruits, or vegetables into liquor or spirits. The facility may have related accessory uses, including uses that permit the sale and consumption of products that are manufactured on or off site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(40)
Dog kennel. The following uses shall constitute a dog kennel:
(i)
The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except by a hobby breeder as defined by Chapter 5 of this Code or in a dog hospital, dog beauty parlor, pet care center or pet shop, as permitted by law; or
(ii)
The keeping of dogs, six (6) months of age or older, on premises used for residential purposes, in excess of the following numbers:
(a)
Four (4) dogs on property that is less than 1 acre in gross area in any RU, EU, AU, or GU district, or in any individual residence unit in a multifamily RU district;
(b)
Six (6) dogs on property that is at least 1 acre but less than 2 acres in gross area in an RU-1 or RU-2 district or in any EU, AU, or GU district; and
(c)
Eight (8) dogs on property that is 2 acres or more in gross area in an RU-1 or RU-2 district or in any EU, AU, or GU district; or
(iii)
The keeping of more than four (4) guard dogs on vacant property or on property used for business or industrial purposes.
(40.1)
Domestic violence means any assault, battery, sexual assault, sexual battery or any criminal offense resulting in physical injury or death of one (1) family or household member by another who is or was residing in the same single dwelling unit.
(40.2)
Domestic violence center means a facility that provides shelter, counseling and referral services to victims of domestic violence.
(41)
Dwelling, one family. A private residence building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilating, heating or lighting are designed for the use of one (1) family only.
(42)
Dwelling, duplex. A residence building designed for, or used as the separate homes or residences of two (2) separate and distinct families, but having the appearance of a single-family dwelling house. Each individual unit in the duplex shall comply with the definition for a one (1) family dwelling.
(42.1)
Electrical power plant means any electrical generating facility of twenty (20) megawatts or more using any process or fuel and includes associated facilities except those electrical generating facilities the regulation and certification of which are expressly preempted by Chapter 403, Florida Statutes.
(43)
Estate. Any residential site comprising an area of one (1) acre or more shall come within the meaning of the word "estate," as provided herein under Districts EU-1, EU-1C and EU-2.
(44)
Family. One (1) person, or group of two (2) or more persons living together and interrelated by blood, marriage or legal adoption, occupying a dwelling unit designed as a single-family use, as a separate housekeeping unit with a single set of kitchen facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants.
(44.1)
Farm Stands. A farm stand is a permanent or portable structure or vehicle located on an actively farmed site for the retail sale of agricultural products, as provided in Section 33-279(6.1).
(45)
Filling station. See Gas station.
(45.1)
Floor area ratio. The floor area of the building or buildings on any lot divided by the area of the lot.
(46)
Frontage. Distance measured along a highway right-of-way.
(46.1)
Fruit and vegetable stand. Any portable establishment for the retail sale of locally grown fresh fruit and vegetables and food products derived from such fruit and vegetables.
(47)
Garage, community. A structure or series of structures under one (1) roof, and under one (1) ownership, for the storage of vehicles by three (3) or more owners or occupants of property in the vicinity, where said structure has no public shop or mechanical services in connection therewith.
(48)
Garage, mechanical. See Garage, public.
(49)
Garage, private. A structure not larger than five hundred (500) square feet in area for the private use solely for the owner or occupant of the principal building on a lot or of his family or domestic employees for the storage of noncommercial motor vehicles, and which has no public shop or mechanical service in connection therewith.
(50)
Garage, public. A structure for the storage, care, repair, or refinishing of motor vehicles, or a structure containing a public shop, or where automobile mechanical service is provided.
(51)
Gas station. A structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilities for the installation of such commodities on or in such vehicles but not including space or facilities for the storage, painting, repair, refinishing, bodywork or other servicing of motor vehicles.
(51.1)
Governmental center. A site or tract of land where three (3) or more departments or divisions of a government are located.
(52)
Grade. The established grade of premises, whether vacant or improved, is the highest elevation of the sidewalk at the property line as fixed by the County.
(53)
Gridiron system. A rectangular system of street and blocks.
(53.1)
Group home. A dwelling unit licensed by the State of Florida Department of Health and Rehabilitative Services which is licensed to serve resident clients and which provides a living environment for not more than six (6) unrelated residents who operate as a functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded in said count.
(54)
Guesthouse. A single-family building in the rear yard area of a residence which is not occupied year around, but which is used as temporary residence, only. Such a building shall conform to the requirements for accessory buildings, except that a sink, bathtub and cooking facilities may be provided. Only nonpaying and personal guests of the occupant of the principal residence shall occupy a guesthouse. Year around occupancy shall not be permitted by the same guest, nor shall the owner occupy the guesthouse and rent the principal residence.
(55)
Height of building. See Building height.
(56)
Highway. Any public thoroughfare wider than twenty-five (25) feet including streets, which affords primary access to abutting property, and any thoroughfare of less width which is not classed as any alley. Also see definition of arterial highway.
(57)
Home occupation. An occupation carried on solely by the occupant or occupants of a dwelling unit which is ancillary and secondary to the use of the dwelling for residential purposes.
(58)
Hotel. A building in which lodging, or boarding and lodging, are provided as the more or less temporary residence of individuals who are lodged therein and in which ingress and egress to and from all rooms are made through an inside lobby supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boarding, lodging house or an apartment building. Keys to the rooms and mail for the occupant of the hotel are received and generally kept by the attendant at the desk in the lobby. Daily linen service and other normal and customary hotel services shall be offered to the individuals lodged therein. No more than five (5) percent of the individual hotel units shall be occupied for more than six (6) months. Kitchen facilities in individual units may be offered.
(58.1)
Immediate vicinity means the area in which a specified parcel of land is located that is physically, functionally or geographically identifiable as a distinct realm, place or neighborhood, or the area within a radius of not more than five hundred (500) feet from the specified parcel of land, whichever is smaller.
(59)
Intoxicating liquors. For the purpose of this chapter, "intoxicating liquors" shall be as defined in Section 561.01(8), Florida Statutes.
(60)
Junk. Old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed within the County limits. Also see Trash.
(60.1)
Abandoned property. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.
(60.2)
Light truck shall mean a truck having a net vehicle weight not to exceed five thousand (5,000) pounds.
(61)
Lot. Parcel of land shown on a recorded plat or on the official County zoning maps or any piece of land described by a legally recorded deed.
(62)
Lot, corner lot. Any lot situated at the junction of and abutting on two (2) or more intersections or intercepting streets or public highways. If the angle of intersection of the direction lines of two (2) highways is more than one hundred thirty-five (135) degrees, the lot fronting on said intersection is not a corner lot.
(63)
Lot, interior. Any lot which is not a corner lot.
(64)
Lot, key. A "key" lot is a lot so divided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both of the sides of the aforesaid "key" lots.
(65)
Lot lines, front. In the case of a lot abutting upon only one (1) street, the front lot line is the line separating such lot from such street. In the case of a corner lot that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one (1) such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans which meet the approval of the Director. Also see Right-of-way.
(66)
Lot lines, rear. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, or any odd-shaped lot, the rear lot line shall be determined by the Director.
(67)
Lot lines, side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
(68)
Lot, through. Any lot having frontage on two parallel or approximately parallel streets or other thoroughfares, except platted lots required to maintain a decorative wall as defined in Section 28-1(k) along the rear property line as required by the plat.
(69)
Mapped streets. A mapped street is any approved street shown on an official map or the projection of any existing street through an unsubdivided parcel of land, whether the street is dedicated, or in existence or not. For the purpose of this definition, all five acre fractional lines shall be deemed the center lines of mapped streets, unless the same are waived by the Director of the Building and Zoning Department and the Director of Public Works.
(69.01)
Medical Allied Training Facility. Any facility with a minimum floor area of 20,000 square feet, licensed by the Commission for Independent Education of the Florida Department of Education, to train students for careers as medical equipment technicians or as medical support personnel.
(69.05)
Medical observation dormitory. A facility at which research and testing for pharmaceutical and pharmaceutical device companies occurs pursuant to a clinical investigation as defined by 21 CFR § 312.3(b), Code of Federal Regulations. Such investigation is governed by extensive U.S. Food and Drug Administration regulations and involves the overnight stay of human subjects, either healthy volunteers or clinically stable representatives of subpopulations which may ultimately use the tested pharmaceuticals. The facility may include laboratories, dormitory rooms, kitchens, observation rooms and recreation rooms. The scope of services rendered is to consist solely of performing research studies, and does not include other therapy rendered for the benefit of a patient or diagnostic services.
(69.1)
Mentally ill means an impairment of the emotional processes, of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to understand, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology; except that, for the purposes of this definition, the term does not include intellectual disability or developmental disability, simple intoxication, or conditions manifested only by antisocial behavior or drug addiction.
(70)
Mobile home (trailer). A non-self-propelled vehicle or conveyance, permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a residence or living quarters. Such mobile home may be affixed to the ground in accordance with the provisions for tie-down of Chapter 19A of the Code of Miami-Dade County, Florida, and other similar additional tie-downs, but shall not otherwise be permanently secured to a foundation.
(70.1)
Manufactured home. A mobile home fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act.
(70.2)
Mobile Food Service Operation. The preparation/cooking, serving and/or sale of food conducted from a portable stand, vehicle or trailer. Each such stand, vehicle or trailer shall be considered a mobile food service operation. Mobile food service operations must obtain all required licenses from the State of Florida prior to operating in Miami-Dade County.
(70.3)
Mobile Sales Operations. Sales of products, limited to flowers, plants and produce, that are conducted from a portable stand, vehicle or trailer. Each such portable stand, vehicle or trailer shall be considered a mobile sales operation.
(70.4)
Mobile Operations, as referred in this chapter, shall mean mobile food service operations and mobile sales operations. The distribution of box lunches in compliance with Section 33-14 shall not constitute a mobile operation.
(71)
Motel. A building or a group of two (2) or more buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms which shall generally have direct, private openings to a street, drive, court, patio, or the like.
(71.1)
Multiple-family housing development or project. Three or more single-family buildings, or more than one (1) two-family building or more than one (1) multiple family building on a building site, or any combination thereof.
(72)
Neighborhood. The area, included in one (1) predominant type of use, such as residential neighborhood, together with the area having values ardently affected by any usage in that area.
(73)
Neighborhood store. A retail establishment which supplies household requirements to the immediately surrounding residential neighborhood, such as a delicatessen, grocery, drug-sundry, tobacco stores, etc.
(74)
New subdivision. A subdivision of land into lots, parcels or tracts, excluding any subdivision included under "old" subdivision.
(75)
Night club. Any place of business established and operated for the purpose of supplying entertainment where alcoholic beverages are dispensed and consumed on the premises, and where meals and refreshments may be provided.
(76)
Nonconforming use. Use of any property or premises in any manner which does not comply with the regulations provided for the district in which the property or premises provided for the district in which the property or premises are situated, if such use was originally legally established.
(77)
Official right-of-way. This term shall be interpreted to mean the zoned right-of-way width as established in this chapter.
(78)
Old subdivisions. A subdivision on which the plat has been officially accepted and recorded prior to August 2, 1938, and which has not been reverted to acreage, tracts or blocks.
(78.1)
A physically handicapped or disabled person shall mean a person who has a physical or mental impairment which substantially limits one (1) or more major life activities or who has a record of having, or is regarded as having, such physical or mental impairment.
(78.2)
Pet Care Centers. The term "pet care center" shall mean a business establishment, operating during daytime hours only, that provides supervised care for cats or dogs in an air conditioned indoor facility for the purpose of the animal's general well-being including supervised interaction with other animals, feeding and grooming services. A pet care center shall not include breeding services.
(78.3)
Pergola. A freestanding structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters. A pergola is built as an outdoor sitting area with lattice or open slat roof for partial shade. Structures with a thatch-type roof, including, but not limited to, tiki huts, shall not constitute a pergola.
(79)
Pigeon loft, noncommercial. The maintenance of not more than twenty (20) carrier or racing pigeons for the purpose of engaging in the hobby of racing pigeons for sport.
(80)
Pit. A hole in the ground, such as a rock quarry or other excavation.
(81)
Place of business. Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in or on which one (1) or more persons engage in a gainful occupation.
(81.1)
Planning Division. The words "Planning Division" shall mean the Planning Division of the Department of Planning and Zoning.
(82)
Point of sale. The boundary of the room and the necessary parts of the building in which products are sold.
(83)
Poultry market. A commercial establishment or place where live poultry is kept and offered for sale.
(84)
Reserved.
(85)
Principal building. The building situated or to be placed nearest the front property line and the use of which conforms to the primary use permitted by the zone classification in which it is located.
(85.1)
Regulating Plan. Map applicable to Urban Center or Urban Area district that establishes and graphically depicts the location of land uses, sub-districts, residential densities, open spaces, streets, bike routes, or other elements for each district. Required regulating plans are described in Section 33-284.84 of this chapter.
(85.2)
Regional entertainment venue. A recreation or entertainment facility, such as an auditorium, theater, or other visual and performance arts facility, stadium, arena, racetrack, convention center, coliseum, museum, cultural complex, or amusement park or theme park, that serves a countywide or regional audience.
(86)
Repairs. Restoration of portions of a building to its condition as before decay, wear or damage, but not including alteration of the shape or size of any portion.
(86.1)
Resident client shall include an aged person, a physically disabled or handicapped person, developmentally disabled person, dependent child, or a nondangerous mentally ill person.
(87)
Residential. The term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein.
(88)
Restaurant. A building, room or rooms, not operated as a dining room in connection with a hotel, where food is prepared and served to a group of families, a club or to the public and for consumption on the premises.
(89)
Resubdivision. Any change in the shape or size of any lot, tract or parcel of land previously platted for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage or other use. Any change in the shape or size of any lot, tract or parcel of land previously approved for building purposes whether immediate or future and regardless whether or not the same is vacant or improved in whole or in part, for sale, rent, lease, building development, anchorage or other use.
(90)
Right-of-way line. The outside boundaries of a highway right-of-way, whether such right-of-way be established by usage, dedication or by the official right-of-way map.
(91)
Rooming house. A residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to less than five (5) transient or permanent guests or tenants and in which less than five (5) and more than three (3) rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building in connection therewith.
(92)
Screen enclosure. A frame erected of metal or wood spaced and constructed in accordance with Ordinance No. 57-22, South Florida Building Code, as from time to time amended, which framing and overhead supports are only covered with insect screening of metal, fiberglass or other approved insect screening material when such screening possesses at least fifty (50) percent open area per square inch, provided that such framing and overhead supports are solely for the purpose of supporting such screening and shall not have the effect of appearance of a roof or a wall, building siding or louvered structure.
(92.05)
Sector(s). A group of antennas, excluding cylinder types, not to exceed four (4).
(92.1)
Seed drying facility. A bin or other enclosed structure used to remove moisture from seed so that deterioration from insects, mold, and enzymic activity will be negligible. Such bin or structure may house respiration and heating equipment and other associated control devices such as thermostats, air inlets, recirculators, stirrers and other similar devices.
(93)
Servants' quarters. A secondary residential building occupied by an employee of the principal residential building and conforming to the restrictions of this chapter, including those for accessory buildings.
(94)
Service bar. The term service bar shall mean a liquor, beer or wine or other alcoholic, vinous or malt beverage bar or counter used in connection with the operation of a bona fide restaurant, situated in the kitchen or some room where guests are not allowed to enter and not situated within the room or that portion of the restaurant wherein food is served to guests; at which bar or counter drinks are prepared solely for the purpose of service to and consumption by the guests of the restaurant, and from which bar and counter drinks are dispensed solely for consumption by the guests of the restaurant seated at tables within the room or portion of the restaurant wherein food is served to the guests. No service of drinks or food is permitted to guests or patrons at the service bar.
(95)
Service station. See Gas station.
(96)
Setback. The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the building. When two (2) or more lots under one (1) ownership are used, the exterior property line so grouped shall be used in determining offsets.
(97)
Site. Area of premises to be covered by a structure.
(97.1)
Sponsoring agency shall mean an agency or unit of government, a profit or nonprofit agency, or any person or organization which intends to establish or operate a group home or a community residential home.
(98)
Store. A building in which commodities are sold at retail or wholesale. Also, see Neighborhood store.
(99)
Story:
(a)
That portion of a building included between the uppermost surface of any floor and the uppermost surface of the floor or roof next above.
(b)
That portion of a building between floor and ceiling which is so located that more than half of the clear height from floor to ceiling is above grade.
(c)
In any residential building in which the area of the upper floor does not exceed two-thirds of the area of the floor immediately below it, such upper floor shall not be considered a story.
(d)
That portion of a building in a high flood hazard district below the elevation of the regulatory flood level and below the lowest habitable floor, and constructed in accordance with Chapter 11C (Development Within Coastal Flood Hazard Districts) of the Code of Miami-Dade County shall not be considered a story.
(100)
Street. See Highway.
(101)
Structural alterations. Any change in the shape or size of any portion of a building or of the supporting members of a building or structure such as walls, columns, beams, arches, girders, floor joists or roof joists.
(102)
Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light standards, towers, tanks, etc.
(103)
Subdivision. A division of a lot, tract or parcel of land or water into two (2) or more lots, plats, sites or other subdivisions of land or water for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication or other use.
(104)
Tearoom. A room in a building for use in serving light meals and nonalcoholic beverages.
(104.1)
Telecommunications hub. A facility designed and constructed primarily to house computer servers, communications routers, switches and similar machinery or equipment for directing or facilitating communications traffic.
(105)
Tent. Any structure or enclosure, the roof or one-half (½) or more of the sides of which are of silk, cotton, canvas or any light material, either attached to a building or structure or unattached.
(105.1)
Testing laboratory or plant. A testing laboratory shall mean a plant which tests materials, products, methods and systems in accordance with established standards or procedures.
(106)
Tourist cottage. A single-family dwelling used as one (1) of the units of a tourist park.
(107)
Tourist park. Any lot or plot of ground upon which three (3) or more single-family camp cottages or two (2) or more trailers are located and maintained for the accommodation of transients, where a charge is or is not made.
(107.1)
Trade school. A technical trade school, such as but not limited to, aviation technology, computer technology, construction trades, electronics, health and beauty services, office and business skills and similar vocational trades.
(108)
Trailer. A non-self-propelled vehicle or conveyance permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a residence or living quarters. Such mobile home may be affixed to the ground in accordance with the provisions for tie-down of Chapter 19A of the Code of Miami-Dade County, Florida, and other similar additional tie-downs, but shall not otherwise be permanently secured to a foundation.
(109)
Trailer camps. See Tourist park.
(110)
Trailer park. See Tourist park.
(110.1)
Reserved.
(111)
Trash. Cuttings from vegetation, refuse, paper, bottles, rags. Also see Junk.
(112)
Unincorporated areas. Any land in the County not lying within the boundaries of a duly incorporated village, town, municipality or other such governmental unit.
(112.05)
Urban Development Boundary (UDB). The boundary line delineated on the Land Use Plan Map of the Miami-Dade County Comprehensive Development Master Plan or successor County comprehensive plan, distinguishing where development may occur from areas where it should not occur.
(112.1)
Utility shed. A single-story, non-habitable detached storage building that is accessory to the primary or principal building and designed and used primarily for storing tools, mechanical equipment, lawn and garden equipment, home accessories, personal belongings, and other similar objects.
(113)
Vehicle. A conveyance for persons or materials.
(113.1)
Vehicle Retail Showroom: Retail showroom for sale of vehicles.
(113.2)
Warehouse, membership. A use designed and operated for warehousing and sale of merchandise at retail and wholesale prices to members.
(114)
Waterfront. Any site shall be considered as waterfront premises provided any or all of its lot lines abut on or are contiguous to any body of water, including creek, canal, bay, ocean, river or any other body of water, natural or artificial, not including a swimming pool, whether said lot line is front, rear or side.
(115)
Wine. The word "wine" shall be as defined in Section 461.01(4), Florida Statutes.
(115.01)
Winery (farm related). An agricultural processing facility used for fermenting and processing fruit into wine or derivative products The facility may have accessory uses as permitted under Section 33-279 of this chapter, including uses that permit the sale and consumption of products manufactured on site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(115.02)
Winery (not farm related). A processing facility used for fermenting or processing fruit into wine or derivative products. The facility may have related accessory uses, including uses that permit the sale and consumption of products that are manufactured on or off site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.
(115.1)
Wireless supported services. Wireless services including, but not limited to, Personal Wireless Services (as defined in 47 U.S.C. § 322(c)(7)(C)(I)), as amended from time to time, and any other services which are provided via the transmitting and/or receiving of electromagnetic waves and also including telephonic, radio, and television communications.
(115.2)
Wireless supported service facility. Antennas, antenna support structures and accessory wireless equipment building or any combination thereof utilized for or in connection with the provision of wireless supported services.
(116)
Yard. An open space on the same lot with a building, said space being unoccupied and unobstructed from the ground upward, except as otherwise permitted herein.
(117)
Yard, rear. The yard area lying to the rear of the principal building.
(118)
Yard, side. The year area lying to the sides of the principal building.
(119)
Zoning Official. The Zoning Official shall be the Assistant Director for Zoning of the Department of Planning and Zoning.
(Ord. No. 57-19, § 4, 10-22-57; Ord. No. 58-41, § 1, 10-21-58; Ord. No. 59-48, § 1, 12-22-59; Ord. No. 63-11, § 1, 4-2-63; Ord. No. 64-34, § 1, 7-21-64; Ord. No. 66-62, § 1, 12-6-66; Ord. No. 68-1, § 1, 1-9-68; Ord. No. 69-60, §§ 1, 2, 9-17-69; Ord. No. 71-41, § 1, 5-18-71; Ord. No. 71-93, § 1, 11-30-71; Ord. No. 72-20, § 1, 3-21-72; Ord. No. 73-3, §§ 1—4, 1-19-73; Ord. No. 73-65, § 2, 7-17-73; Ord. No. 73-68, § 1, 7-17-73; Ord. No. 75-110, §§ 1, 2, 12-2-75; Ord. No. 76-1, §§ 1, 2, 1-6-76; Ord. No. 76-5, § 1, 1-20-76; Ord. No. 77-29, § 1, 5-3-77; Ord. No. 80-6, § 1, 2-5-80; Ord. No. 81-26, § 1, 3-17-81; Ord. No. 81-40, § 1, 4-21-81; Ord. No. 89-45, § 1, 5-23-89; Ord. No. 89-46, § 1, 5-23-89; Ord. No. 90-107, § 1, 9-25-90; Ord. No. 90-118, § 3, 11-6-90; Ord. No. 91-51, § 1, 5-7-91; Ord. No. 92-13, § 1, 3-3-92; Ord. No. 92-48, § 1, 6-2-92; Ord. No. 92-81, § 1, 7-21-92; Ord. No. 95-123, § 1, 7-11-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-219, § 1, 12-5-95; Ord. No. 96-81, §§ 1, 2, 6-4-96; Ord. No. 97-12, § 1, 2-25-97; Ord. No. 97-19, § 1, 2-25-97; Ord. No. 97-208, § 1, 11-18-97; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 01-02, § 1, 1-23-01; Ord. No. 01-99, § 1, 6-5-01; Ord. No. 01-131, § 1, 9-13-01; Ord. No. 02-46, § 1, 4-9-02; Ord. No. 02-88, § 1, 6-6-02; Ord. No. 02-231, § 1, 11-19-02; Ord. No. 03-213, § 1, 10-7-03; Ord. No. 04-56, § 1, 3-16-04; Ord. No. 04-60, § 1, 3-16-04; Ord. No. 04-118, § 1, 6-8-04; Ord. No. 04-215, § 1, 12-2-04; Ord. No. 08-11, § 1, 1-22-08; Ord. No. 09-102, § 1, 11-17-09; Ord. No. 10-08, § 1, 2-2-10; Ord. No. 10-19, § 1, 3-2-10; Ord. No. 10-20, § 1, 3-2-10; Ord. No. 10-22, § 1, 3-2-10; Ord. No. 10-58, § 1, 9-21-10; Ord. No. 10-73, § 1, 11-4-10; Ord. No. 11-04, § 1, 2-1-11; Ord. No. 11-32, § 1, 5-17-11; Ord. No. 11-92, § 1, 11-15-11; Ord. No. 12-49, § 1, 7-3-12; Ord. No. 12-96, § 1, 11-8-12; Ord. No. 13-42, § 1, 5-7-13; Ord. No. 13-76, § 1, 9-4-13; Ord. No. 13-82, § 1, 9-17-13; Ord. No. 13-83, § 6, 9-17-13; Ord. No. 14-03, § 1, 1-22-14; Ord. No. 15-107, § 1, 10-6-15; Ord. No. 15-126, § 1, 11-3-15; Ord. No. 16-91, § 1, 9-7-16; Ord. No. 15-115, § 1, 10-6-15; Ord. No. 17-06, § 1, 1-24-17; Ord. No. 17-43, § 1, 7-6-17; Ord. No. 16-74, § 1, 7-6-16; Ord. No. 18-93, § 1, 9-5-18; Ord. No. 18-123, § 1, 10-2-18)