1.1.1

Entitlement of code. This code shall be entitled the "Biscayne Park Land Development Code" and may be referred to as "Land Development Code" and may also be cited as "this code".

1.2.1

Enactment of code. This Land Development Code is enacted pursuant to the requirements and authority of F.S. § 163.3203, (the Local Government Comprehensive Planning and Land Development Regulation Act), the Village Charter effective 1933, and the general powers in F.S. Ch. 166/125, (City Government).

1.3.1

Statutory requirement. F.S. Ch. 163, requires each Florida local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the village.

1.3.2

General public need. The control of the location, design, and construction of development within the village is necessary to maintain and improve the quality of life in Biscayne Park.

1.4.1

General intent. The provisions of this Land Development Code shall be construed and implemented to achieve the following intentions and purposes of the village commission:

(a)

To foster and preserve public health, safety, comfort and welfare, to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the village in accordance with the comprehensive plan.

(b)

To implement the village comprehensive plan as required by the Local Government Comprehensive Planning and Land Development Regulation Act.

(c)

To establish the regulations, procedures and standards for review and approval of all proposed development in the village.

(d)

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet the level of service requirements (concurrency).

1.4.2

Specific intent. The provisions of this code dealing with the following specific subject areas shall be construed and implemented to achieve the intentions and purposes of the comprehensive plan and F.S. § 163.3202 (2).

(a)

Future land use, including historic sites;

(b)

Housing;

(c)

Transportation, including parking;

(d)

Public facilities and services, including stormwater management;

(e)

Recreation and open space;

(f)

Environmental management, including tree protection;

(g)

Adopted levels of service;

(h)

Design and improvement standards, including subdivision of land;

(i)

Accessory structures;

(j)

Signs;

(k)

Planning board and local planning agency;

(l)

Enforcement;

(m)

Procedures;

(n)

Permits and certificates;

(o)

Notices;

(p)

Fees, bonds, and charges.

1.5.1

Implements the comprehensive plan. The adoption of a unified land development code implements the goals, policies and objectives of the comprehensive plan.

1.5.2

Consistency with the comprehensive plan. A development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities in the comprehensive plan and if it meets all other criteria enumerated by the local government (F.S. § 163.3194(3)(b)).

1.6.1

General applicability. Except as specifically provided herein, the provisions of this code shall apply to all development in the village, and no development shall be undertaken without prior authorization pursuant to this code.

1.6.2

Exceptions. The provisions of this code and amendments thereto shall not affect the validity of any lawfully issued and effective building permit provided the activity authorized by the permit has been commenced prior to the effective date of this code or any amendment thereto, or will be commenced after the effective date of this code but within six (6) months of issuance of the building permit.

1.6.3

Consistency with the comprehensive plan. Nothing in this section shall be construed to authorize development that is inconsistent with the village comprehensive plan.

1.7.1

General rules. In the interpretation and application of this code all provisions shall be liberally construed in favor of the objectives and purposes of the village and deemed neither to limit nor repeal any other powers granted under state statutes.

1.7.2

Responsibility of interpretation. In the event that any question arises concerning the application of regulations, definitions, or any other provision of this code, the planning board shall be responsible for interpretation and shall look to the village comprehensive plan for guidance. Responsibility for interpretation by the planning board shall not be construed to include interpretation of any technical codes adopted by reference in this code, nor be construed to override the responsibilities given to any commission, board, or official named in other sections of this code.

1.7.3

Minimum requirements. In interpreting and applying the provisions of this code, the planning board shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the community. Where this code imposes a higher standard upon the use of buildings or premises, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements the provisions of this code shall control.

1.8.1

Effect of repeal of ordinances.

(a)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinances repealed took effect.

(b)

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

State constitutional law reference—No bill of attainder, ex post facto law or law impairing the obligation of contracts shall ever be passed, Florida Constitution, Article I, § 10.

1.8.2

Certain ordinances not affected by code. Nothing in this code or the ordinance adopting this code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this code:

(a)

Any ordinance promising or guaranteeing the payment of money by the village, or authorizing the issuance of any bonds of the village, or any evidence of the village's indebtedness, or any contract agreement, lease, deed or other instrument or obligation assumed by the village;

(b)

Any right or franchise permit, or other right granted by any ordinance;

(c)

Any personnel regulations;

(d)

Any ordinance establishing position, classifying positions or setting salaries of village officers and employees;

(e)

Any ordinance establishing and prescribing the street grades in the village;

(f)

Any appropriation ordinance or any ordinance levying or imposing taxes;

(g)

Any ordinance providing for local improvements and assessing taxes therefor;

(h)

Any ordinance dedicating or accepting any plat or subdivision in the village;

(i)

Any ordinance establishing the official plat of the village, the future land use or residential sectors map or any amendments thereof;

(j)

Any easements, or land uses ordinance;

(k)

Any ordinance prescribing traffic and parking regulations for specific streets and location;

(l)

Any ordinance annexing territory or excluding territory from the village;

(m)

Any temporary or special ordinance;

(n)

Any provisions of Chapter 16319, 1933, Special Acts of Florida Legislature, as amended by special law or otherwise, which have been converted to ordinances by F.S. Ch. 166 and have not been superseded or repealed;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.

1.8.3

Code and prior offenses, penalties, rights, etc. Nothing in this code or the ordinance adopting this code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this code.

1.8.4

Abrogation. This land development code is not intended to repeal, annul, or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records.

1.9.1

Amendments to code; effect of new ordinances; amendatory language.

(a)

All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, article, division, section or subsection or any portion thereof, such repealed portions may be excluded from the code by omission from reprinted pages.

(b)

Amendments to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in substantially the following language:

"That section _______ of the Land Development Code of Ordinances, Village of Biscayne Park, Florida, is hereby amended to read as follows: _______."

The new provisions shall then be set out in full as desired.

(c)

If a new section not heretofore existing in the code is to be added, the following language may be used:

"That the Land Development Code of Ordinances, Village of Biscayne Park, Florida, is hereby amended by adding a section to be numbered _______, which section reads as follows: _______."

The new section may then be set out in full as desired.

(d)

All sections, divisions, articles, chapters, or provisions desired to be repealed must be specifically repealed by section, division, article or chapter number, as the case may be.

State Law reference— Minimum procedural requirements for adoption of ordinances and resolutions, F.S. § 166.041.

1.10.1

Supplementation of code.

(a)

By contract or by village personnel, supplements to this code shall include all substantive permanent and general parts of ordinances passed by the commission or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ to _______" (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the code, but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.

1.11.1

Severability of parts of code. It is hereby declared to be the intention of the commission that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.

1.12.1

Catchlines of sections. The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

1.13.1

History notes. The history notes appearing in parenthesis or footnotes of sections of this code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

1.14.1

Technical construction standards manuals. The Florida Building Code and the Miami-Dade County Building Code are hereby incorporated into this code by reference.

1.14.2

Map. The map showing the residential sectors is incorporated into this code by reference.

1.14.3

Table. The table of residential sectors is incorporated into this code by reference.

(Ord. No. 2021-10, § 2, 8-5-21)

1.15.1

Effective date of land development regulations. These regulations shall be effective on May 1, 1990.

2.1.1

Establishment of definitions. In the construction of this Code, and of all ordinances, the following are the definitions adopted, unless such definitions would be inconsistent with the manifest intent of the village commission.

2.2.1

Accessory building or accessory structure: A secondary building, structure, or garage 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.

2.2.2

Accessory use: A subordinate use which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main building or use.

2.2.3

Addition: An extension or increase in floor area or height of a building.

2.2.4

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 designated as a street.

2.2.5

Alteration: Any change or modification of construction, space arrangement and/or occupancy of a building, or decreasing or increasing the area thereof.

2.2.6

Buildable area: The lot area of a property minus any required setback areas.

2.2.7

Building: Anything constructed or erected, the use of which demands a permanent location on the land or anything attached to a building.

2.2.8

Business or commercial: Any use or activity designed or used for gainful purposes.

2.2.9

Carport: A covered area for sheltering a motor vehicle.

2.2.10

Charter: The word "charter" shall mean the Charter of the Village of Biscayne Park as printed in Part I of the General Code of the village.

2.2.11

Clerestory window: A window above eye level designed to allow light and air without compromising privacy.

2.2.12

Code: Reference to "this Code" shall mean the Land Development Code of Ordinances, Village of Biscayne Park, Florida, as designated in chapter 1, subsection 1.1.

2.2.13

Commission: The words "commission," "village commission" or "governing body" shall mean the village commission of the Village of Biscayne Park.

2.2.14

Community residential home: A community residential home means a dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

2.2.15

Comprehensive plan: A plan that meets the requirements of F.S. §§ 163.3177 and 163.3178.

2.2.16

Computation of time: In computing any period of time prescribed or allowed by this Code the day of the act, event or default from which the designated period of time beginning to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

State Law reference— Similar provision, Florida Rules of Civil Procedure, § 1.090(a).

2.2.17

County: The words "the county" or "this county" shall mean Miami-Dade County, Florida.

State Law reference— Boundaries of Miami-Dade County, F.S. § 7.13.

2.2.18

Delegation of authority: Whenever a provision appears requiring the head of a department or officer of the village to do some act or make certain inspections, it is to be construed to authorize the head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

2.2.19

Developer: Any person, including a governmental agency, undertaking any development as defined in F.S. § 380.04.

2.2.20

Development: Any of the following activities: Building, installing, enlarging, replacing or substantially restoring a structure; a minor replat; alteration of a historic property for which authorization is required under this Code; tree removal for which authorization is required under this Code.

2.2.21

Development order: Any order granting, denying, or granting with conditions an application for a development permit.

2.2.22

Development permit: This includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

2.2.23

Dish antenna: A dish antenna intended for the purpose of receiving communications from orbiting satellites and other extraterrestrial sources, a low noise amplifier (L.N.A.) which is situated at the focal point of the receiving component for the purpose of magnifying and transferring signals, a coaxial cable for the purpose of carrying signals to the interior of a building.

2.2.24

Domestic and commercial building material waste: This type of waste includes sand, earth, wood, stone, brick, concrete construction blocks, roofing materials, metals, cardboard products and any other waste material accumulated after construction, renovation, remodeling, repair projects or removal of buildings.

2.2.25

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 for the use of one (1) family only.

2.2.26

Dwelling, duplex: A residence building designed for, or used as the separate home or residence 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-family dwelling.

2.2.27

Family: One (1) person, or a 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.

2.2.28

Fence: A constructed barrier erected to enclose, screen or separate an area.

2.2.28(a)

Pedestrian gate: An opening in a wall, fence, or hedge with a swinging door to allow for pedestrian access to the property.

2.2.29

Flood elevation, base (BFE): A flood elevation having a one percent (1%) chance of being equaled or exceeded in any given year and is determined by the most recent FEMA Flood Insurance Rate Maps (FIRM).

2.2.30

F.S.: The abbreviation "F.S." shall mean the latest edition or supplement of the Florida Statutes.

2.2.31

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 motor vehicles, and which has no public shop or mechanical service in connection therewith.

2.2.32

Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

2.2.33

Grade: Grade shall be the mean level of the finished lot surface of the ground adjacent to the exterior walls of a building or a base to support a structure.

2.2.34

Gross density: The total number of dwelling units divided by the total site area plus half the width of the public right-of-way.

2.2.35

Gross floor area: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, or any space where the floor-to-ceiling height is less than six (6) feet.

2.2.36

Hedge: A dense row of shrubs or low trees in excess of eight (8) feet in length which constitutes a barrier.

2.2.37

Height, building: Measured from the established base flood elevation for the purpose of regulating the number of stories and the height of building.

2.2.38

Highway (street): Any public thoroughfare wider than twenty-five (25) feet including streets, which afford primary access to abutting property, and any thoroughfare of less width which is not classed as an alley.

2.2.39

Impervious or impermeable surface: Site area covered by nonporous structural materials such as buildings, sidewalks, driveways, roofing, decking or structure foundations or supports and which does not allow water to penetrate to the ground.

2.2.40

Keeper and proprietor: These terms include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

2.2.41

Land: The earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

2.2.42

Land use: The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or land development code, as the context may indicate.

2.2.43

Lot: A parcel of land fronting on a street, place, way or waterway which is or may be occupied by a building and its accessory units including the open spaces required by the terms of this Code and which parcel or land is a matter of record in the public records of Miami-Dade County, Florida. A lot having two (2) such frontages shall be known as a dual frontage. The word "lot" includes the words "plot" and "tract."

2.2.44

Lot, corner: 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.

2.2.44(a)

Lot, interior: A lot abutting upon only one (1) street with a single frontage.

2.2.44(b)

Lot, exterior: A lot abutting upon two (2) streets with a dual frontage.

2.2.45

Lot coverage: The area of a lot which is occupied or covered by all buildings, accessory structures or uses, driveways, walkways, pools, and patios at or above grade.

2.2.46

Lot lines, front: In the case of a lot abutting upon only one (1) street, the front line is the line separating such lot from the public right-of-way. In the case of a corner lot not occupied by a building that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of a corner lot occupied by a building the front lot line shall be determined by the location of the front door of the dwelling. In the case of any other lot, one (1) such line shall be elected to be the front line for the purposes of this Code, provided it is so designated by the building plans which meet the approval of the planning design and review board.

2.2.47

Lot line, 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 planning board.

2.2.48

Lot line, side: A side lot line is any boundary lot 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.

2.2.49

Manufactured home: A structure, transportable in one (1) or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation, and connected to the required utilities.

2.2.50

Market value: The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. Market value shall be determined in the following ways: (1) utilizing Miami-Dade County Property Appraiser's assessment for ad valorem taxation for the (depreciated) market value for the structure only; or (2) two independent appraisals for the structure only prepared and certified by a Florida Licensed Appraiser.

2.2.51

Minor replat: The subdivision of a single lot or parcel of land into two (2) lots or parcels, or the subdivision of a parcel into two (2) or more lots solely for the purpose of increasing the area of two (2) or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Code.

2.2.52

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.

2.2.53

Month: The word "month" shall mean a calendar month.

2.2.54

Name of officer, department, board, etc.: The naming of an officer, department, board, etc., shall be construed as if followed by the words "of the Village of Biscayne Park."

2.2.55

Nonconforming lot: A lot of record, which does not meet the area or width requirements of the Land Development Code for the residential sector in which it is located.

2.2.56

Nonconforming structure: A structure lawfully established and having satisfied all legal requirements for construction and occupancy prior to and existing on the effective date of the Land Development Code, or any amendment thereto, which renders the structure nonconforming.

2.2.57

Nonconforming use: Use of any property or premises in any manner which does not comply with the regulations provided for the residential sector in which the property or premises are situated, if such use was originally legally established.

2.2.58

Nontechnical and technical words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

2.2.59

Number: A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.

2.2.60

Oath: The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be submitted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

2.2.61

Open space: Areas that are not occupied by buildings, accessory structures, parking areas, streets, driveways or loading areas and which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public.

2.2.62

Owner: The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

2.2.63

Person: The word "person" shall extend and be applied to individuals, children, associations, firms, joint ventures, estates, trusts, business trusts, syndicates fiduciaries, partnerships and bodies politic and corporate, and all other groups and combinations.

2.2.64

Pervious or permeable surface: Allowing water to pass, or percolate, through to the ground. Areas such as grass, gravel, mulch and landscaped areas are considered pervious.

2.2.65

Planning board or planning and design review board: The Village of Biscayne Park Planning and Design Review Board.

2.2.66

Preceding, following: The words "preceding" and "following" means next before and next after, respectively.

2.2.67

Primary frontage: Shall mean the main facade of a building which faces the primary street (See lot line, front).

2.2.68

Real property: Land, and generally whatever is erected or growing upon or affixed to land. Also rights issuing out of, annexed to, and exercisable with or about land.

2.2.69

Recreation vehicle: A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motorhomes.

2.2.70

Setback: The minimum horizontal distance between the street, rear or side lines of a 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 setbacks.

2.2.71

Shall: the word "shall" is mandatory and not directory [discretionary].

2.2.72

Sidewalks: Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

2.2.73

Singular: The singular includes the plural, and the plural includes the singular.

2.2.74

Solid waste management: The process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way, according to an orderly purposeful, and planned program.

(a)

Solid waste includes garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic or governmental operations.

(b)

Yard trash means vegetative matter resulting from landscaping maintenance and land-clearing operations.

(c)

Clean debris means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard, and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass, ceramics, and other wastes designated by the department of environmental regulation.

(d)

White goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.

(e)

Special wastes means solid wastes that require special handling and management, including, but not limited to, white goods, whole tires, used oil, mattresses, furniture, lead-acid batteries, and biological wastes.

(f)

Sludge includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility; and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances.

2.2.75

State: The words "the state" or "this state" shall mean the State of Florida.

2.2.76

Stormproof: Requires compliance with the latest adopted methods or codes.

2.2.77

Structural alterations: Any change in the shape, 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.

2.2.78

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.

2.2.79

Tenant: The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or part of such a building or land, either along or with others.

2.2.80

Tense: Words used in the past or present tense include the future as well as the past and present.

2.2.81

Village: The words "the village" or "this village" shall mean the municipal corporation of Biscayne Park, Florida, or any of its officers, agents or departments, as the sense shall require or admit.

2.2.82

Written or in writing: This shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

2.2.83

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. A front, rear or side yard shall be defined as that open space adjoining a front, rear, or side lot line respectively.

2.2.84

Yard, corner side: The open space between the closest point of the principal building and the side property line of the lot which abuts a street and extending from the front corner of the building closest to the side property line. The beginning of the corner side yard shall be the line created from that front corner point of intersection to the rear property line.

2.2.85

Year: The word "year" shall mean a calendar year, unless otherwise specified.

(Ord. No. 283, § 1, 10-5-93; Ord. No. 2011-2, § 2, 2-7-12; Ord. No. 2023-09, § 2, 8-8-23)

State Law reference— Construction of Florida Statutes, F.S. § 1.01 et seq.