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Coral Gables City Zoning Code

ARTICLE

16. DEFINITIONS

Abandon means to renounce or disclaim all interest of the City and of the public in any non-fee interest in land, including a right-of-way, easement, street or alley. For the purposes of these regulations, “abandon” includes the terms “vacate” and “close.”

Abuts or abutting means parcels of land which share a property line or are separated by an alley.

Accessory deck is that area within the first twenty (20) feet above grade, designed for the purpose of accommodating recreational activities and/or off-street parking below its surface, none of which may be used for living purposes.

Accessory dwelling. See definition of Dwelling, Accessory.

Accessory use, building or structure means a use which: 1) is subordinate to and serves a principal use; 2) is subordinate in area, extent, and purpose to the principal use served; 3) contributes to the comfort, convenience or necessities of the users or occupants of the principal use; and 4) is located on the same building site as the principal use.

Acre, net is the area within lot boundaries of all lands comprising the building site and the term used to determine floor area allocation. A net acre shall not include any portion of the abutting dedicated streets, alleys, waterways, canals, lakes or any such dedicated right-of-way by whatever name known.

Actual ground level means the elevation of ground abutting a structure.

Addition to an historic building, structure, or property means a construction project located on the exterior of an historic building, structure, or property.

Adjacent means across a street or waterway from a parcel of land. Where a parcel of land is adjacent to more than one (1) parcel of land, the term adjacent is intended to require compliance with the most restrictive standard with regard to the land use designation or use of adjacent property.

Adult is any person eighteen (18) years of age or older.

Adult book store is an establishment having as its stock in trade, books, magazines, prints, photos, movies, models and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, exhibiting or relating to specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult cat or dog means a cat or dog six (6) months or older.

Adult theater means an enclosed building or an enclosed space within a building or an open-air area use for presenting as a preponderance of its entertainment, films, motion pictures, video cassettes or disks, slides or similar photographic reproductions, recordings or other audio matter, or live plays, dances, or other performances, either by dominant character or theme is the depiction of description of “specified sexual activities” or “specified anatomical areas” for the entertainment of patrons therein. The term includes an establishment that has one (1) or more “adult booths” or an “adult arcade.”

Adult use means an adult bookstore, adult theater or a massage salon.

Aesthetics means the accepted notions of good beauty and good taste in the City of Coral Gables.

Affordable housing means housing which is affordable to a household with an adjusted gross income which does not exceed one-hundred and twenty (120%) percent of the City’s median income.

Aggrieved means any applicant or any person who received courtesy notice of a public hearing from the City not exceeding one-thousand (1,000) feet from the perimeter boundaries of the subject property, and shall also mean the City Manager.

Airline Measurement means the straight line, as the crow flies, measured from property line to property line, regardless of streets, walkways, or intervening structures, physical barriers or other obstructions.

Alcoholic beverages mean distilled spirits and all beverages containing one-half (0.5%) percent or more alcohol by volume (consistent with Section 561.01, Florida Statutes (2004)).

Alcoholic beverage sales meana principal commercial activity involving the sale of alcoholic beverages for off-premises consumption, such that twenty-five (25%) percent or more of the floor area is occupied by the display of alcoholic beverages.

Alley is a narrow thoroughfare dedicated or used for public use upon which abut generally the rear of the premises, or upon which service entrances or buildings abut, which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation, and is not otherwise officially designated as a street. An Alley is considered active when it bisects an entire block, is paved, and is utilized for garbage collection.

Alteration to an historic building or structure means any change affecting the exterior appearance of an existing improvement by additions, reconstruction, remodeling, partial demolition or maintenance involving change in color, form, texture or materials, or any such changes in appearance of specially designated interiors.

Amateur radio antenna is an antenna consisting of a tower, beam array, and mast and is designed and constructed for use in the operation of an amateur radio station licensed by the Federal Communication Commission.

Animal grooming or boarding means a use where animals are kept on a temporary basis in conjunction with grooming or overnight boarding.

Antenna means a transmitting and/or receiving device, designed for the purpose of emitting radiofrequency (RF) radiation, mounted on a telecommunications tower, building or structure, to be operated or operating from a fixed location, and used in wireless telecommunications services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding, radar antennas, amateur radio antennas, satellite earth stations, traditional residential television antennas or microwave antennas.

Antenna support structure means a pole, mast, base station, tower and/or support structure for supporting an antenna for personal wireless services.

Applicant, Historic Preservation, means an individual or group who provides sufficient written information to the Historical Resources Department staff to ascertain that the property meets the minimum eligibility requirements for local historic designation or, in the case of a request for a Certificate of Appropriateness, the property owner, or authorized representative of the property owner.

Applicant means a person or persons who apply to the City for development review and approval.

Application for development approval means any application for approval of development under the provisions of these regulations, other than an application for a building permit, certificate of use or occupancy, and occupational license.

Arcade and/or loggia means a permanent structure that is constructed, contiguous, parallel, perpendicular and/or attached to an adjoining building and attached to the structural components of a building that provides cover and protection from the elements for pedestrian passageways, sidewalks, etc. generally supported by piers or columns.

Archaeological site means a specific location which has yielded or is likely to yield information on local history or prehistoric history.

Archaeological zone means a geographically defined area, designated pursuant to these regulations, which may reasonably be expected to yield information on local history or prehistoric history based upon broad prehistoric or historic settlement patterns.

Architectural features means but is not limited to the following: architectural style, scale, massing, siting, general design and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Architectural features shall also include interior spaces which have been designated historic pursuant to the provisions of Article 3 of these regulations.

Architectural relief elements mean ornamentation, decorative features installed, attached to, protruding from, the exterior of a building or structure for the purpose of ornamentation or expression.

Architecture means the art and science of designing and constructing buildings adapted to their purposes, one of which is beauty.

Array means a group of antennas that are either 1) mounted or side mounted on the rooftop of a building or rooftop structure(s); or 2) directly or indirectly mounted on a telecommunications tower.

Art Gallery means a space or building for the exhibition primarily to publicly display original works or visual art, such as paintings, art objects, sculptures, decorative arts, furniture art, textile art, drawings, photographs, pastels, watercolors, collages, prints, artist books, or art installations.

Artificial turf means a surface intended to imitate grass and composed with natural or recyclable materials and installed as a pervious system.

Assisted living facilities (ALF) means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services, for a period exceeding twenty four (24) hours to one (1) or more adults who are not relatives of the owner or administrator. (NOTE:this definition and the definition of “personal services” are taken from Section 400.402, Florida Statutes (2004)).

Attached telecommunications facility means any telecommunications facility that is attached to an existing building or structure that is not itself a telecommunications tower or an antenna.

Automated parking system means a parking lift or lifts, mechanical access parking structure, robotic parking system, or any other similar structure that employs mechanical devices to store and retrieve automobiles.

Automobile service station means any building, structure, or lot used for the following: dispensing, selling or offering for retail sale gasoline, kerosene, lubricating oil, or grease for the operation and maintenance of vehicles. This may include buildings or structures that are used for the retail sale and direct delivery to motor vehicles of cigarettes, candy, soft drinks and other related items for the convenience of the motoring public, and may include facilities for lubricating, minor repairs or vehicle service. Such establishments shall not include facilities for major vehicle service.

Awning means a roof-like cover extended over a window, door or an opening of a structure, including garage or porte-cochere vehicle openings, being fastened in the manner provided for such fastenings, to the structure of which it is a part and design; and used for the purpose of shielding such window, door or opening from the rays of the sun, rain and like elements of weather.

Balcony means an unenclosed habitable portion of an upper floor extending beyond a building’s exterior wall that may be supported by brackets.

Bank, for the purpose of measuring a dock extension,means the edge of an existing or proposed reinforced seawall.

Base Station, for the purpose of an eligible facilities request means a structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this Article or any equipment associated with a tower.

  1. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
  2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
  3. The term includes any structure other than a tower that, at the time the relevant application is filed with the City under the Zoning Code, supports or houses equipment described in paragraphs (i) and (ii) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
  4. The term does not include any structure that, at the time the relevant application is filed with the City under the Zoning Code, does not support or house equipment described in paragraphs (i)-(ii) of this definition.

Basement is that portion of a building below the natural grade and/or floors of which at least one-half (1/2) of the gross surface area of the basement’s exterior walls are below the established/existing natural grade. When facing any street, the height shall not exceed thirty (30) inches.

Bed and breakfast means a transient lodging establishment, primarily engaged in providing overnight accommodations for the general public, not including a restaurant.

Billboard means a surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises or any use of premises wherein it is displayed or posted.

Block means that property bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, golf course, campus, park or any other barrier to the continuity of development.

Boat house means an accessory structure which is enclosed or partially enclosed and is primarily designed for the use and storage of private watercraft and marine-related equipment and which is used in accordance with the provisions of the Section 3-300 of these regulations.

Breezeway meansa roofed, open-sided passageway connecting two (2) structures, such as a house and a garage.

Buffer, perimeter landscape means an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce adverse environmental and incompatible land use impacts.

Buildable lot means a parcel of land in the SFR District which is entitled to be developed with a single- family detached dwelling or duplex building.

Building means any structure used or intended for supporting or sheltering any use or occupancy. (Florida Building Code)

Building base means the portion of a building and/or structure that starts at street level and is in proportion with the building and distinguishable from the remainder of the building.

Building middle means the portion of the building and/or structure that is between the building base and building top.

Building Official. See Section 14-107.8.

Building top means the portion of the building and/or structure at the top of a building.

Building site means:

  1. A parcel of land having not less than the minimum area permitted by these regulations for a building to be erected thereon, including such open spaces as are required by these regulations and such open spaces as are arranged and designed to be used, or actually used, in connection with such building; and
  2. A parcel of land heretofore approved by the City of Coral Gables as a building site under a Unity of Title agreement as recorded in the Public Records of Miami-Dade County, Florida.

Build-to-line means a line with which a portion of the principal building is required to align.

Cabana means an accessory building or a portion of the main building used as a bathhouse or a dressing area in connection with a swimming pool or a tennis court.

Calculation of unused development rights means the formula used to determine the maximum amount of underdeveloped floor area that may be transferred from a designated historic property. That figure is derived by calculating the difference between the existing gross floor area in the designated structure (sending site) and the maximum gross floor area permitted in that site’s zoning designation.

Caliper means for trees less than four (4) inches in diameter, the trunk diameter is measured at a height of six (6) inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diameter is measured at twelve (12) inches above natural grade.

Camp means academic and recreational programs intended for participation by children between the ages of five (5) and eighteen (18) years. Such programs may be multidisciplinary and may include, but not be limited to, a combination of academic, athletic, and recreational activities, but which does not include overnight stays.

Campus Buffer Area means that portion of the Main Campus of the University of Miami, consisting of a strip of land bounded by a line lying seventy-five (75) feet Southeasterly, Easterly and Southerly of the University of Miami boundary line fronting San Amaro Drive and Campo Sano Drive, ("the Main Parallel Line") bounded on the South by the Easterly prolongation of the Southerly Right of Way line of Mataro Avenue and bounded on the Northeast by the Southwesterly boundary line described in that certain "Easement Deed" recorded in Official Records Book 9798 at Page 199 of the Public Records of Miami-Dade County, Florida. Said seventy-five (75) foot line shall be adjusted to run parallel with and Easterly of the former Easterly Right of Way line for San Amaro Drive as shown and described in that certain "Agreement for Use of Public Rights of Way in the City of Coral Gables and Hold Harmless and Indemnity Agreement," ("the Agreement") as recorded in Official Records Book 26577 at Page 2563 of said Public Records of Miami-Dade County, Florida. Said parallel line will begin Southeasterly of the Southwesterly corner of the property as described in said Agreement at a point of Non-Tangent Intersection with said Main Parallel Line and shall run in a Northeasterly direction to a Point of Non-Tangent Intersection with the Southeasterly prolongation of said Main Parallel Line as measured from the Easterly boundary line of said Main Campus of the University of Miami, lying Northerly of the Northerly Right of Way line of Miller Drive as vacated by Coral Gables City Ordinance Number 3392 as recorded in Official Records Book 21174 at Page 5014 of said Public Records of Miami-Dade County, Florida. All land located within seventy-five (75) feet of the south edge of the right of way at Mataro Avenue, legally described as all those lots, pieces or parcels of land situate lying and being in Block 184 of CORAL GABLES RIVIERA SECTION PART 6, according to the Plat thereof, as recorded in Plat Book 20 at Page 79 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows, viz: The North 25 feet of Lot 1 in said Block 184; Together with all of Lot 2 in said Block 184; and together with the North 75 feet of Lots 3 through 12, inclusive in said Block 184.

Campus Core Area means all land located within the University of Miami Campus which is not within the campus buffer area or the campus transition area.

Campus Core Subareas means:

  1. University Village. The University Village which is generally located to the south of Mataro Avenue, east of Red Road, north of Brescia Avenue, and east of San Amaro Drive and more specifically described in the City of Coral Gables Ordinance Number 2004-20.
  2. University Multi-Use Zone. The University Multi-Use Zone shall consist of those lands designated under the "University Campus Multi-Use Area" on the Future Land Use Map of the City of Coral Gables Comprehensive Plan.

Campus master plan means the master plan previously adopted by the City of Coral Gables as the 2006 UMCAD plan pursuant to Ordinance No. 2007-16, together with all accompanying UMCAD text provisions and exhibits in effect on the date of adoption of Ordinance No. 2010-31 shall be the adopted Campus Master Plan for the University Campus District until otherwise amended.

Campus Master Plan Development Order means a conditional use approving an application for a Campus Master Plan granted by the City Commission of the City of Coral Gables for land within the University of Miami Campus Area Development District.

Campus Perimeter Area means that area graphically depicted as "Perimeter Area.”

Campus Transition Area means that portion of the Main Campus of the University of Miami, consisting of a strip of land bounded by a line lying three-hundred (300) feet Southeasterly, Easterly and Southerly of the University of Miami boundary line fronting San Amaro Drive and Campo Sano Drive, ("the Main Parallel Line") bounded on the South by the Easterly prolongation of the Southerly Right of Way line of Mataro Avenue and bounded on the Northeast by a line in a Southwesterly direction as measured from the Point of Intersection of a line lying seventy-five (75) feet Southerly of the Northerly boundary line of the University of Miami along Campo Sano Drive with the Southwesterly boundary line described in that certain "Easement Deed" recorded in Official Records Book 9798 at Page 199 of the Public Records of Miami-Dade County, Florida. Said three-hundred (300) foot line shall be adjusted to run parallel with and Easterly of the former Easterly Right of Way line for San Amaro Drive as shown and described in that certain "Agreement for Use of Public Rights of Way in the City of Coral Gables and Hold Harmless and Indemnity Agreement," ("the Agreement") as recorded in Official Records Book 26577 at Page 2563 of said Public Records of Miami-Dade County, Florida. Said parallel line will begin Southeasterly of the Southwesterly corner of the property as described in said Agreement at a Point of Non-Tangent Intersection with said Main Parallel Line and shall run in a Northeasterly direction to a Point of Non-Tangent Intersection with the Southeasterly prolongation of said Main Parallel Line as measured from the Easterly boundary line of said Main Campus of the University of Miami, lying Northerly of the Northerly Right of Way line of Miller Drive as vacated by Coral Gables City Ordinance Number 3392 as recorded in Official Records Book 21174 at Page 5014 of said Public Records of Miami-Dade County, Florida. Less therefrom:That portion of the described property bounded by a line lying seventy-five (75) feet Southeasterly, Easterly and Southerly of said University of Miami boundary line fronting San Amaro Drive and Campo Sano Drive, as well as said former Easterly Right of Way line for San Amaro Drive as shown and described in said "Agreement for Use of Public Rights of Way in the City of Coral Gables and Hold Harmless and Indemnity Agreement."

Canopy means a roof-like cover, including freestanding structures where permitted, or an awning that projects from the wall of a building used as a shelter or carport, or over a door, entrance or opening for the purpose of shielding persons and/or vehicles from the rays of the sun, rain and like elements of weather.

Canopy entrance means a canopy intended and used for the purpose of sheltering persons or inanimate objects from the rays of the sun and from rain and weather.

Carnival means an exhibition or amusement enterprise consisting of various riding devices, sideshows, games or tests of skill and vendors of refreshments. Programs which may be directed to Brownies, Cub Scouts, Girl Scouts and Boy Scouts and church bazaars, religious programs and festivals and similar church and school functions shall not be construed as carnivals. (See Section 5-2102)

Carport means a roofed structure not more than seventy-five (75%) percent enclosed by walls for the purpose of providing shelter for one (1) or more motor vehicles.

Carport canopy means a structure to cover for vehicles from the rays of the sun and from rain and weather. Carport canopies shall be partially or entirely supported from the ground up. Carport canopies are prohibited in SFR zoning districts. Existing carport canopies in SFR zoning districts shall be considered as nonconforming and are subject to the provisions in Article 13.

Casino is a commercial establishment which provides gambling and gaming as either a primary or accessory source of revenue, which may include food and beverage sales for consumption on premises as a part of its business activity.

Cat means a carnivorous quadruped belonging to the feline family and held as a domesticated cat.

Cemetery means a place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination thereof.

Central Business District means property bordered by LeJeune Road on the west, Douglas Road on the east, Navarre Avenue on the north, and Almeria Avenue on the south.

Certificate of Appropriateness means a written document, issued pursuant to these regulations, permitting specified alterations, demolitions, additions,or other work to a designated historic landmark or contributing or non-contributing building within a designated historic landmark district.

Certificate of Appropriateness, Special means those certificates involving the demolition, removal, reconstruction, alteration or new construction at an individual site or in a district, which requires determination by the Historic Preservation Board before such certificate can be issued pursuant to the provisions of Article 8.

Certificate of Appropriateness, Standard means those certificates issued by the Historic Preservation Officer in accordance with the provisions of Article 8.

Certificate of Concurrency/Capacity means the document issued by the City indicating the quantity of public facilities that are available and reserved for the property described in the certificate, and containing an expiration date.

Certificate of Occupancy means a certificate issued by the Building Official that a building or structure conforms to the building permit, all applicable ordinances and regulations and may be occupied.

Certificate of Use means a certificate issued by the DRO that a building, structure or use conforms to all applicable City ordinances and requirements and may be used as proposed provided that applicable permits are obtained.

Certified Local Government (CLG) means a program administered by the U.S. Department of the Interior which enables communities to have a more direct part in the federal historic preservation program.

Certificate of Transfer means a document issued by the DRO that authorizes the transfer of specified undeveloped rights from an historic property to a receiving site.

Citizen means a resident of the City of Coral Gables who has declared his or her residence in the City to be his or her domicile and is eligible to vote in municipal elections.

City means the City of Coral Gables, Florida, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

Clearance pruning means pruning required to avoid damage or danger related to structures, power distribution and property, as defined in the current American National Standards Institute (ANSI) A300 Standards.

Coastal flood hazard district means the coastal flood hazard district is designated as follows:

  1. The area south of the Coral Gables Deep Waterway and east of Old Cutler Road and Red Road; and
  2. The area bounded on the south by the Coral Gables Deep Waterway, on the west by LeJeune Road and Ingraham Highway, on the north by West Ingraham Terrace and Miami City limits and on the east by Biscayne Bay.

Co-location means use of a common telecommunications tower or site by two (2) or more service providers. An application is for co-location if the service provider intends to install an array on an existing telecommunications tower or at the same site as an existing attached telecommunications facility.

Co-location, for the purpose of an eligible facilities request pursuant to the Spectrum Act, means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Colonnade means a permanent structure that is below and parallel to the face of a building and beneath the floor above that is generally supported by piers and columns that provides cover from the elements.

Commercial laundry means a commercial establishment for laundering clothes and linens on site which does not do business with individual members of the public and only does business with other businesses, typically hotels.

Commercial message means any wording, logo, emblem, character, pictograph, trademark, or symbol used to represent a firm, organization, entity, product, or service, or other representation that, directly or indirectly, names, advertises, or calls attention to a product or service. Terms such as sale, special, clearance, or other words which relate to commercial activity shall be deemed to be commercial messages. Items of identification shall not be considered to be commercial messages.

Commercial use means any use permitted as of right or as a conditional use in the MX1, MX2, and MX3 Districts. District.

Common areas means land, including accessory structures and buildings, not individually owned or dedicated for public use, which is dedicated and intended for the common use or enjoyment of the owners, tenants and residents of the development or the public.

Common open space is the area required as open space under these regulations.

Community center means a building to be used as a place of meetings, recreation or social activity and not operated for profit and in which neither alcoholic beverages nor meals are normally dispensed or served.

Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean “the same as.” Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

Comprehensive Plan and Map are the official documents reviewed by the Planning and Zoning Board and adopted by the City Commission as a long-range policy guide for the orderly, economic and physical growth of the City pursuant to the provisions contained within Florida Statutes.

Concealment elements, for the purpose of the Spectrum Act, means elements of a stealth designed facility intended to make the facility look like something other than a wireless tower or base station, that the City approved previously, such as a design that resembles a tree or a flag pole.

Concealment element is defeated or defeats concealment element, for purpose of the Spectrum Act, means that the proposed modification would cause a reasonable person to view the structure’s intended stealth design as no longer effective after the modification.

Concrete means the construction material that is a combination of mineral aggregates bound together that hardens.

Concurrency manual is the manual prepared by the City of Coral Gables for the administration and management of the City’s Concurrency Management Program.

Conditional use is a use that would not be appropriate generally, or without restriction throughout a zoning district or classification but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare. Such uses may be permitted in a zoning district or classification as conditional uses if specific provision for such conditional use is made in these regulations.

Congregate care means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services. Congregate care shall not include the provision of medical, nursing, dental, or mental health services.

Consistency means compatible with and furthers the general plan of the City. Consistency exists when the standards and criteria of the City’s Comprehensive Plan are met or exceeded.

Construction and/or field office is a mobile home, travel trailer, truck trailer and/or other structure used as an office in conjunction with a construction project.

Contextual analysis means an analysis of a proposed development to determine whether the proposed development is consistent with the neighborhood in which the proposed development will be located. (See Article 15)

Contributing building or property means a building or property contributing to the historic significance of a district which by location, design setting, materials, workmanship, and association adds to the district’s sense of time, and place, and historic development.

Contiguous means parcels of land which share a property line or are separated by an alley. Where a parcel of land is contiguous to more than one parcel of land, the term contiguous is intended to require compliance with the most restrictive standard with regard to the land use designation or use of contiguous property.

Copper, as a roofing material, is intended to mean copper in its natural state and allowed to oxidize and patina.

Coral Gables Register of Historic Places means a listing of the properties within the City that have been designated as local historic landmarks or local historic landmark districts.

Correlated color temperature means the measure of the color appearance of the light emitted by a light source.

Country club shall mean buildings and facilities, which may privately or publicly, owned and operated for social, educational, and/or recreational purposes to which membership is required for participation. Access and use by non-members to accessory uses customarily associated with a country club such as the restaurant, lounge and associated facilities may be permitted. Facility events may include social events, banquets, weddings, meetings and seminars, trade conferences and other similar functions. Night clubs and casinos are prohibited uses.

Court means an open, unoccupied, unobstructed space, other than a yard, on the same lot as a building. Trees or shrubs may be used in a court.

Courtyard, interior means a court that is enclosed on at least two (2) sides with building walls and enclosed on all of the other sides with walls that exceed four (4) feet in height, a trellis or covered terrace or any combination thereof.

Courtyard, private means an open space area that is partly or wholly defined by buildings or walls that is accessible at grade and is neither public nor civic. The use is intended solely for the utilization of a select group of individuals or persons.

Courtyard, public means an open space area that is partly or wholly defined by buildings or walls that is accessible at grade and is available for use by the public. Public courtyards may be permitted to be a component of the main entry sequence.

Coverage means the portion of the parcel proposed for development which is covered with the footprints of all buildings and structures, computed from the exterior face of exterior walls and the exterior face of exterior columns of the ground floor of the building or structure, including the cantilevered portions of the building above the ground floor or roof overhangs which are greater than five (5) feet.

Cultural institution is one that engages in the performing arts, visual arts, promotion of arts and historic preservation (including music, dance, theater, art cinema, art, painting, sculpture, photography, history, etc.) or engages in cultural activities and serves the general public and has a permanent presence in the City. The institution shall be designated by the Internal Revenue Service as tax exempt pursuant to Section 501(c)(3) and (4) of the Internal Revenue Code.

Customer service area means the gross floor area of a restaurant used for serving patrons, excluding food and drink preparation areas, storage areas and other areas not directly utilized by the public in patronizing such establishments.

Day care means a facility operated for the purpose of providing care, supervision and guidance to six (6) or more individuals during only a part of a twenty-four (24) hour day.

Demolition means the act or process of wrecking, destroying or removing any building or structure or any part thereof.

Demolition, voluntary means the act or process of wrecking, destroying or removing any building or structure or any part thereof that has not occurred as a result of any disaster.

Demolition by neglect. See Section 8-108.

Density means the number of dwelling units permitted per net acre of land.

Department of Community Affairs (DCA) means the Florida Department of Community Affairs or any successor department or agency by whatever name known.

Designated exterior means all outside surfaces of any improvement listed in a designation report as having significant value to the historic character of the building, structureor district.

Designation report means a document prepared by the Historic Preservation Officer for all properties or districts which are proposed for local historic designation. The designation report includes the boundaries of the proposed historic property or district, a summary of its historic significance, and contains location maps and a review guide which describes the physical characteristics of the property or district.

Development means 1) the subdivision of a parcel of land; 2) the construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of a structure; 3) the mining, excavation, landfill, drilling, grading, deposition of refuse, solid or liquid waste, or fill on a parcel of land; 4) the alteration of the shore or bank of a pond, lake, river, or other waterway; or 5) any use or change in the use or intensity of use of any structure or use of land and includes redevelopment.

Development approval means any approval, permit or other official action of the City granting, denying, or granting with conditions an application for development approval.

Development Review Official(s)(DRO). See Section 14-107.7.

Diameter at breast height (DBH) means the diameter of a tree's trunk measured at a height four and one-half (4½) feet above natural grade. In the case of multiple-trunk trees, the DBH shall mean the sum of each trunk's diameter measured at a height of four and one-half (4½) feet above natural grade.

Differential operation schedule meansa method of scheduling an irrigation system to apply different quantities of water, and/or apply water at different frequencies as appropriate, for different hydrozones.

Dormer window is a window set upright in a sloping roof.

Drip line means an imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground.

Drive through means a driveway or roadway that is designed and intended to provide access for vehicles whereby occupants of vehicles receive and/or obtain a product or service.

Duplex means a residence building designed for, or used as, the separate homes or residence of two (2) separate and distinct families, having the exterior appearance of a single-family dwelling house. Each individual unit in the duplex shall have all living rooms accessible to each other from within the unit and each individual unit is to be occupied exclusively by one (1) family plus servants, who are living and cooking as a single household.

Dwelling, accessory means a dwelling unit accessory to and occupying the same parcel of land as a nonresidential use or principal residential use and which is used in accordance with Section 3-300.

Dwelling, attached or multi-family means a dwelling unit that shares common walls with at least one (1) other dwelling unit. The term multi-family dwelling shall include Single-Family High Density as provided in the Comprehensive Plan.

Dwelling, detached means a building separated from any other principal building and containing only one (1) dwelling unit, erected on an individual lot of record.

Dwelling unit means a building or portion of a building providing independent living facilities for one (1) family including provision for living, sleeping and complete kitchen facilities.

Easement or servitude means a strip of land reserved for public utilities, drainage and other public purposes, the title to which shall remain in the property owners, subject to the right of use designated in the reservation of the servitude.

Educational facility means an institution devoted solely to tutoring and test preparation, vocational or professional education or training, an institution of higher education, a community college, junior college and a four-year college or university. (see definition of school)

Electric Vehicle Charging Level is the standardized indicators of electrical force, or voltage, at which an electric vehicles’ battery is recharged which include the following specifications:

(1) Level 1 requires a 15 or 20 amp breaker on a 120-volt AC circuit and standard outlet;

(2) Level 2 requires 40 to 100-amp break on a 240-volt AC circuit; or

(3) Level 3 requires a 60-amp or higher dedicated breaker on a 480-volt and higher three-phase circuit with special grounding equipment. A Level 3 charging shall use an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery.

Electric Vehicle Charging Station is a parking space that is served by electric vehicle charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an electric vehicle.

Electric Vehicle Supply Equipment (EVSE) infrastructure: The equipment, as defined by the National Electrical Code, which is provided to support future electric charging. This shall include, but not be limited to: the design load placed on electrical panels and service equipment to support the additional electrical demand, the panel capacity to support additional feeder / branch circuits, the installation of raceways, both underground and surface mounted, to support the electrical vehicle supply equipment.

EV-Ready - Refers to a parking space that includes the following components: listed raceway (conduit), sufficient electrical panel service capacity, overcurrent protection devices, wire, and suitable termination points such as a junction box with a service loop or directly landed within an EVSE (i.e. Full Circuit).

EV Capable - Refers to parking spaces that have listed raceway (conduit) and electrical capacity (breaker space) allocated in a local subpanel to accommodate future EVSE installations

Electronic video entertainment center and machine means an establishment the principal use of which is the operation of electronic and video games.(Section 3-400)

Eligible Facilities Request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

  1. Co-location of new transmission equipment;
  2. Removal of transmission equipment; or
  3. Replacement of transmission equipment.

Eligible Facilities Modification Application means the written documentation submitted to the City pursuant to the Zoning Code, for review and approval of a proposed eligible facilities modification.

Eligible support structure means any tower or base station, provided that it is existing at the time the relevant application is filed with the City pursuant to the Spectrum Act, in compliance with the Zoning Code.

Entertainment use means a commercial accessory use where entertainment, either passive or active, is provided for the pleasure of the patrons of the principal use, including vocal and instrumental music, dancing, comedy, and theater, but not including an adult use.

Equipment facility means a room, cabinet, shelter, pedestal, build-out of an existing structure, building, or similar structure used to house ancillary equipment for a telecommunications tower or antenna. Each such cabinet, shelter, or building shall be considered a separate equipment facility. Equipment cabinets do not include small pieces of equipment such as remote radio heads/remote radio units, amplifiers, transceivers mounted behind antennas, and similar devices if they are not used as physical containers for smaller, distinct devices.

Essential services shall mean those services provided by the City and other governmental entities that directly relate to the health and safety of its residents including fire, police and rescue.

Established grade means the average elevation of the sidewalk abutting such building site or, if there is no sidewalk, the average elevation of the crown of the road or street abutting such building site. Where a building site abuts more than one (1) road and/or street, the established grade shall be the average elevation of the sidewalks abutting upon such building sites, or if there are no sidewalks, the average elevation of the crown of the road and/or streets abutting such building site.

Excavation means any manmade cut, cavity, trench, or depression in the earth’s surface, formed by removal of earth, intended to change the grade or level of land, or intended to penetrate or disturb the surface of the earth, including land beneath the waters of the state, as defined in Section 373.019(22), Florida Statutes, and the term includes pipe bursting and directional drilling or boring from one point to another point beneath the surface of the earth, or other trenchless technologies.

Existing Tower Or Base Station, for purposes of an eligible facilities request, means a constructed tower or base station that has been reviewed and approved under the City’s applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

Exterior means all outside surfaces of any building or structure.

FCC means the Federal Communications Commission.

Family means one (1) or more persons occupying a single residential unit when all members are related by blood, adoption, marriage, foster care, or three (3) or less persons unrelated to any other occupant (excluding servants). The term "family" shall not be construed to mean fraternity, sorority, club, institutional group, student housing or more than three (3) unrelated persons.

Family day-care means a facility operated pursuant to requirements as defined in Florida Statues, as amended.

Fenestration means the design, arrangement, proportioning and disposition of windows, doors and other exterior openings on a building, wall or similar structure.

Final plat is the final map or drawing on which the subdivider's plan of subdivision is presented to the City Commission for approval, and which, if approved, will be submitted to the County Commission and subsequently to the Clerk of the Circuit Court in Miami-Dade County for recording.

Finishes mean the surface texture and materials of a building, wall or similar structure.

Flag means any fabric or bunting containing distinctive colors, patterns, symbols, including flags used as a symbol of government or an institution.

Flat roof means a roof having a pitch of not more than one and one-half (1½) inches in twelve (12) inches.

Floor. See definition of Story.

Floor area ratio (FAR) is the ratio of the applicable interior or exterior floor area of a building or buildings on a building site divided by the area of the site, as measured from the interior facing of exterior walls, and shall exclude:

  1. The following areas in the ground floor:
    1. Electrical rooms / FPL vault room;
    2. Fire command room;
    3. Fire pump room;
    4. Lobbies;
    5. Phone / IT room; and
    6. Trash room
  2. The following areas in all floors:
    1. Stairwell;
    2. Elevator; and
    3. Trash chute
  3. Balconies, porches, or stoops, subject to requirement of restrictive covenant prohibiting enclosures;
  4. Basements and uninhabitable attics within a pitched roof;
  5. Trellis or canopy located on the roof not exceeding a combined area of fifty percent (50%) of the rooftop floor area;
  6. Upper volume of courtyards open to the sky.
  7. Off-street parking areas.

(Ord. No. 2023-06, 01/24/2023)

Forbs mean herbaceous plants other than grasses.

Fortuneteller means a business primarily engaged in providing advice, predictions, or interpretations of planetary effects, tarot cards or other media on or about future events or human affairs in exchange for financial or other valuable consideration.

Freeboard means the additional height above a flood level for purpose of floodplain management. Freeboard compensates for many unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway conditions. Up to three (3) feet in height of freeboard shall not count against the maximum height for construction in the applicable zoning district.

Frontage, lot or frontage street means the distance for which the front lot line and the front street line are coincident.

Funeral home means an establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, including a funeral chapel.

Garage sale means the sale of personal property from a residence, duplex or apartment. The sale of personal property not in excess of five (5) items in number, provided that such items are specifically named or identified in the advertisement thereof, or the sale of personal property pursuant to an order or process of a court of competent jurisdiction, shall not be construed as a garage sale.

Gazebo means an accessory building consisting of a detached, covered, freestanding open-air structure not exceeding three-hundred (300) square feet.

Glare means lighting entering the eye directly from luminaires or indirectly from reflective surfaces that cause visual discomfort or reduced visibility.

Golf or tennis grounds mean a tract of land laid out with at least nine (9) holes for playing a game of golf, or facilities for the playing of tennis, including a clubhouse and shelters as accessory uses.

Governmental use means a building, use or structure owned or occupied by a federal, state, regional or local government agency and police station, fire station, library, post office, or similar facility, but not including a vehicle storage yard, jail, sanitary landfill, solid waste transfer or disposal facility, wastewater treatment facility, hazardous waste treatment or storage facility, food irradiation facility, educational or health institution, university, military facility, residential care home, housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws, or other type of public facility.

Grade means the average elevation of the sidewalk abutting a building site. In the absence of sidewalks, grade shall be the average elevation of the crown of the road or street abutting the building site. Where a building site abuts more than one (1) road and/or street, the grade shall be the average elevation of the sidewalks abutting the building site, or if there are no sidewalks, the average elevations of the crown of the road and/or street abutting the building site.

Grade, established means as applied to any building site shall be the average elevation of the sidewalk abutting such building site or, if there is no sidewalk, the average elevation of the crown of the road or street abutting such building site. Where a building site abuts more than one (1) road and/or street, the established grade shall be the average elevation of the sidewalks abutting upon such building sites, or if there are not sidewalks, the average elevation of the crown of the road and/or streets abutting such building site.

Grade, finished means the elevation of the surface of the ground adjoining the building. Where the finished grade is below the level of the established grade, the established grade shall be used for all purposes of these regulations.

Gray water means that portion of domestic sewage emanating from residential showers, residential bathroom washbasins, or residential clothes washing machines.

Greenhouse means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.

Gross floor area means the total floor area including the gross horizontal area of the several stories of any building or buildings on the site, as measured from the exterior facing of exterior walls, and shall include any building area except for: a) balconies which extend from exterior wall and extensions; b) off-street parking areas within the building; c) lobbies; d) open plazas; and e) mechanical spaces which are not covered by a roof.

Ground cover meansa dense, extensive growth of low-growing plants, other than turfgrass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity.

Ground floor uses means those uses permitted on the ground floor in the MXD District.

Group home meansany building or part thereof whether operated for profit or not, which undertaken through its ownership or management to provide, for a period exceeding twenty-four (24) hours, services to individuals who require such services. Residents of group homes shall include individuals who are elderly, developmentally disabled, physically disabled, or dependent children, but shall not include individuals who are violent, criminal or dangerously mentally ill.

Guesthouse means a building located on the same premises with the principal building of a Residential Estate which building is not occupied year round, but which is used by temporary guests only, in accordance with the provisions of Section 3-300.

Guyed tower means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Habitable means an enclosed space, day-lighted and ventilated, and protected from the elements, located with reference to the ground surface, and of such ceiling height, as to comply with the Florida Building Code.

Half-story means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (⅔) of the floor area is finished for use. A half-story containing independent apartments or living quarters shall be counted as full story.

Health Center means a medical facility, serving both the University and the general public, which could be located on the University of Miami Campus in the University Multi-use Area that provides a range of medical care on an out-patient basis across a wide spectrum of areas including radiation, diagnostic imaging, chemotherapy, sports medicine, out-patient surgery and accessory uses.

Hedge meansa landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily of the same species.

Height of a telecommunications tower means the distance measured from the ground level to the highest point of a telecommunications tower or other structure. For the purposes of measuring height, the base pad and all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall height.

Height of building means the vertical distance as identified in the applicable zoning district, or measured from the established grade to the level of the highest point of the building.

Heliport means an area designated to accommodate all phases of operation of helicopters with suitable space and facilities for a terminal, loading, unloading, service and storage of such aircraft, to include facilities for such accessory uses as are commonly associated with an airport terminal.

Helistop means an area designed to accommodate touch-down and lift-off of helicopters, for the purpose of picking up and discharging passengers or cargo. Such an area shall contain no operation facilities other than one (1) tie-down space and such additional facilities as are required by law, ordinance or regulation.

Herbaceous plant meansa plant having little or no woody tissue.

Historic integrity is the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during the property’s prehistoric or historic period. Historic integrity enables a property to illustrate significant aspects of its past. Not only must a property resemble its historic appearance, but it must also retain physical materials, design features, and aspects of construction dating from the period when it attained significance. The integrity of archaeological resources is generally based on the degree to which remaining evidence can provide important information. All six qualities (integrity of location, design, setting, materials, workmanship, or association) do not need to be present for eligibility as long as the overall sense of past time and place is evident.

Historic landmark means any site, building, structure, landscape feature, improvement, or archaeological site, which property has been designated as an historic landmark pursuant to procedures described in Article 8.

Historic landmark district means a geographically defined area possessing a significant concentration, linkage, or continuity of landmarks, improvements, or landscape features united by historic events or aesthetically by plan or physical development, and which area has been designated as an Historic Landmark pursuant to procedures described in Article 8 of these regulations; said district may have within its boundaries non-contributing buildings or other structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual character of the district.

Historic landmark officer. See Historic Preservation Officer.

Historic preservation officer means the Historic Preservation Officer as provided in Section 14-105 of these regulations. The Historic Preservation Officer serves as the historic landmark officer of the City of Coral Gables.

Historic survey means the results of a systematic process of identifying significant buildings, sites and structures through visual reconnaissance and research for compilation in the Florida Master Site File maintained by the Bureau of Historical Resources, Tallahassee, Florida.

Hospital means an establishment primarily engaged in providing diagnostic services, medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty twenty-four (24) hours a day, inpatient beds, and equipment and facilities to provide complete health care; may also provide complete health care emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities.

Hotel means a building in which lodging and/or boarding is designed and utilized for daily, weekly or monthly occupancy, including extended stay units, and offered to the public for compensation. Ingress and egress to and from all rooms shall be made through an inside public lobby or reception area which is supervised by hotel staff at all hours. Extended-stay and suite hotels may provide individual guest rooms with kitchenette facilities for both storage and preparation of food.

Houseboat means a watercraft that is not self-propelled with a dwelling place on it for habitation by human beings and attached either by land, floating free in the water or tied by some means to a fixed structure.

Hydrozone meansa zone in which plant material with similar waterneedsare grouped together.

Improvement means a physical betterment of real property, or any part of such betterment including any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign, work of art, earthworks, or other manmade objects.

Included bark means bark that is pushed inside a developing crotch, causing a weakened structure.

Indoor recreation/entertainment means a business which is open to the public where customers pay the proprietor for the use or enjoyment of recreational facilities or equipment within an enclosed building. This category of use includes: auditoria, stadiums, bowling alleys, theaters, racquetball facilities, martial arts instruction, gym facilities, dance studios, billiard facilities, health studios and similar uses.

Interference means the impairment of transmission or reception of any desired communications or radio frequencies within the City. This term embraces electrical interference in all of its forms, including, without limitation, cochannel interference, interference from intermodulation products, and blanketing interference.

Irrigation detail meansa graphic representation depicting the materials to be used and dimensions to be met in the installation of the irrigation system.

Irrigation plan means a plan drawn at the same scale as the landscape plan, indicating location and specification of irrigation system components and other relevant information as required by these regulations.

Irrigation system meansa system of pipes or other conduits designed to transport and distribute water to keep plants in a healthy and vigorous condition.

Kitchen means a portion of a building devoted to the storage, preparation or assembly of food that includes two (2) or more appliances for cooking and/or heating of food.

Landscape feature means any site improvement or vegetation including outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture, signs, exterior lighting, paving, trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking, patio, decorative paving, gazebo and other similar elements.

Landscape manual means a manuscript prepared by the City which contains instructions and other information regarding landscaping in the City.

Landscape material means plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees and include pervious materials such as pervious synthetic turf, rocks, pebbles, sand, or mulch. Impervious paver blocks are not considered landscape materials.

Landscape plan meansa plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, details, and all other relevant information in compliance with these regulations.

Landscaped open space means a ground-level outdoor area, which is open and unobstructed from its lowest level to the sky, except for a roof and building overhang not in excess of five (5) feet. Arcades, corridors, parking and other service areas shall not be used in computing the landscaped open space.

Landscaping means any of the following or combination thereof, but shall not be limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable material commonly used in landscaping, such as rocks, pebbles, sand, walls or fences but excluding paving.

Landscaping, hardscape means a nonliving, durable material commonly used in landscaping, such as rocks, pebbles, sand, tree grates, walls or fences and including nonpervious paving materials.

Landscaping, offsite means landscaping provided pursuant to applicable requirements not located on public property or public rights-of-way.

Landscaping, softscape means materials consisting of any of the following or combination of, but shall not be limited to: grass, ground cover, shrubs, vines, hedges, and/or trees.

Lawful building site means a building site which has been determined to be lawful in accordance with the provisions of Section 14-202.6.

Lawn area means an area planted with lawn grasses.

Licensed Engineer means person who satisfies the requirements of Section 471.003, Florida Statutes.

Live/work means a space within a building where the occupant lives and works, accessed directly from the street at the ground level that includes flex space which may be used jointly for residential living space, retail, sales and services or office.

Loggia means a permanent structure that is parallel or perpendicular to a building that is generally supported by piers and columns that provides cover from the elements.

Lot, area means the surface area of the land within the boundaries of a lot and does include submerged lands.

Lot, corner means a lot located at the intersection of two (2) or more streets or street and canal or waterway.

Lot, depth means the horizontal distance between the front and rear lot lines.

Lot, interior means a lot which is not a corner lot or a through lot.

Lot, through means an interior lot having frontage on two parallel or approximately parallel streets.

Lot, width means the distance between the side lines thereof if such side lines are parallel to each other, if side lines are not parallel, width shall be measured across the front setback line.

Lumen means the unit of measure used to qualify the amount of light produced by a lamp or emitted from a luminaire.

Luminance ratio means the ratio of the maximum level of illumination of an area to the maximum level of illumination of the area.

Major modification to an approved campus master plan development order means a change with regard to the character, location or magnitude of land use which creates a reasonable likelihood of adverse impacts on land which is not located within a university campus district or on the City of Coral Gables as a whole.

Manufacturing means the transformation of materials or substances into new products, including the assembly of component parts, and the production or refining of goods, materials, or substances into new products, including the assembly of component parts, but not including research and technology production uses.

Marijuana means any strain of cannabis or marijuana, in any form, that is authorized by state and federal law to be dispensed or sold in the State of Florida. Also referred to as “Medical Marijuana.”

Marina means any structure constructed on pilings over open water or supported by flotation on the water which provides three (3) or more boat slips for the purpose of sale or lease.

Marina facility means a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumpingout, chartering, launching, and dry-storage of boats and boating equipment.

Massage means the performance of manipulative exercises upon the human body of another by rubbing, kneading, or tapping with the hand or hands.

Massage establishment means a site or premises, or portion thereof, where a licensed massage therapist practices massage.

Massage salon means any place or establishment where a massage is made available, but not including a massage establishment.

Medical clinic means a health care facility, or clinic, licensed by the State of Florida or operated by two (2) or more physicians or medical practitioners licensed by the State of Florida, that is not part of a hospital and that provides elective care for patients on-site who remain less than twenty-four (24) hours. Medical clinics shall not include sanitariums, convalescent homes, or nursing homes but may include out-patient surgical clinics and sleep disorder centers.

Medical Marijuana Retail Center means a retail establishment, licensed by the Florida Department of Health as a “medical marijuana treatment facility,” “medical marijuana treatment center,” “dispensing organization,” “dispensing organization facility” or similar use, that sells and dispenses medical marijuana, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of Marijuana or Marijuana product, and does not allow on-site consumption of Marijuana. A Medical Marijuana Treatment Center shall not be construed to be a Medical Marijuana Retail Center.

Medical Marijuana Treatment Center means a facility licensed by the Florida Department of Health to acquire, cultivate, possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, store, or administer Marijuana, products containing Marijuana, related supplies, or educational materials, as authorized by state law. A Medical Marijuana Treatment Center may include retail sales or dispensing of Marijuana. A facility which provides only retail sales or dispensing of Marijuana shall not be classified as a Medical Marijuana Treatment Center under this Chapter. Also may be referred to as a “Medical Marijuana Treatment Facility” or “dispensing organization” or other similar term recognized by state law.

Mediterranean Architecture, Coral Gables means an architectural style that exhibits George Merrick’s vision.

Microwave antenna meansa dish-shaped device used to transmit and/or receive microwave signals in a straight line to and from similar, earth bound, point sources.

Minor modification to an approved campus master plan development order means a change with regard to the character, location or magnitude of land use which does not create a reasonable likelihood of adverse impacts on land which is not located within a university campus district or on the City of Coral Gables as a whole.

Mixed use is two (2) or more uses permitted in a single structure or development project.

Mulch means non-living organic materials customarily used in landscape design to retard erosion, weed infestation, and retain moisture and for use in planting areas.

Multi-family dwelling unit means a dwelling unit that shares common walls, floors, or ceilings with at least one (1) other unit.

Multi-family high density means land designated Residential Multi-family High Density by the City’s Comprehensive Plan.

Multi-family low density means land designated Residential Multi-family Low Density by the City’s Comprehensive Plan.

Multi-family medium density means land designated Residential Multi-family Medium Density by the City’s Comprehensive Plan.

Multiple property nomination means a group of related significant properties which share common themes, and are organized by historic contexts and property types.

Municipal facility means a park, recreation or civic center, services or facility provided to local residents.

Museum means a building, place or institution devoted to the acquisition, conservation, study, exhibition and educational interpretation of objects having scientific, historic or artistic value.

National Register of Historic Places means a federal listing maintained by the U.S. Department of the Interior of buildings, sites, structures, and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966, as amended.

Native habitat means an area enhanced or landscaped with an appropriate mix of native tree, shrub and groundcover species that resembles a native plant community or natural forest community in structure and composition or is naturally occurring.

Native plant community means a natural association of plants dominated by one (1) or more prominent native plant species, or a characteristic physical attribute.

Native plant species see Miami-Dade County Code provisions.

Necessary hardship means arduous restrictions upon the uses of a particular property which promote the objectives of these regulations, providing that such regulations apply to all land within the same district.

Neighborhood means an area of a community with characteristics which distinguish the area from other areas and which may be defined by physical barriers such as railroads, major streets, canals or other natural features.

Nightclubs is a commercial establishment that is an accessory use to a primary restaurant use that includes entertainment such a music, dancing and other similar social activities. All permitted nightclubs within restaurants shall be subject to all of the following provisions:

  1. The dispensing of alcoholic beverages shall only be for consumption on the premises.
  2. All nightclub entertainment shall be contained entirely within the building(s) and shall satisfy all other applicable City Code and Zoning Code requirements including noise, permitted hours of operation, nuisance provisions, etc.
  3. The restaurant shall maintain total quarterly gross sales receipts/revenues for inspection upon request to demonstrate compliance with these requirements.

See Section 3-401., “Uses prohibited,” for further provisions.

Nighttime commercial use means business activities and operations which take place between the hours of 8:00 PM and 6:00 AM, not including ordinary janitorial activities.

Nonconforming sign means any sign lawfully established that does not conform to the requirements of these regulations.

Nonconforming structure means a building or structure lawfully established which does not conform to the requirements for location or other dimensional requirement for such building or structure in the zoning district assigned to the property, that is, the minimum setback, required parking, maximum height or maximum building coverage.

Nonconforming use means a use lawfully established which, on the effective date of these regulations, or any amendment thereto, does not conform to the uses or the densities and intensities of the zoning district in which it is located.

Nonconformity means any lot, structure, use or other feature of the property regulated under the provisions of these regulations which was lawfully established but which on the effective date of these regulations, or any amendment thereto, does not comply with the requirements of these regulations.

Noncontributing building or property means a building or property which does not add to a historic district’s sense of time and place and historical development; or one where the location, design, setting, materials, workmanship, and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost. Unless otherwise specified, exterior alterations, additions, demolitions, etc. to non-contributing structures or properties with historic landmark districts shall be reviewed and approved by the Historic Preservation Board and/or Historical Resources Department.

Nonresidential means any use which is not a residential use or which is accessory to a nonresidential use.

North Ponce Area means the area bordered by Navarre Avenue, SW 8th Street, Douglas Road and LeJeune Road.

Nursing home means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by the county or City, which undertakes through its ownership or management to provide licensed nursing services as set forth in Part I of Chapter 464, Florida Statutes, for a period exceeding twenty four (24) hours for three (3) or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three (3) persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services.

Office means a use involving a business, profession, service or government activity including laboratories which do not involve retail activities on site and not including veterinary offices and problematic uses.

Open plaza area means that area within the first twenty (20) feet above grade which is unenclosed, except by clear glass or similar transparent material or supporting columns and maintained either as terrace and/or corridor area for the purpose of providing access to stairways, elevators or other uses serving the principal activities confined within the building.

Open area means an area which is open from the land to the sky predominantly designed for and paved with bricks, pavers or other similar material for pedestrian use or an area where no structures or buildings other than landscape features, fountains, benches, arcades and objects of art are located.

Open space, public means any ground-level land or area for the use of the public, which is designed and intended for common use or enjoyment of the public which includes plazas, squares, arcades/loggias, pedestrian pass-throughs, courtyards, etc. Atriums and fully enclosed spaces are not considered public open space.

Ordinary maintenance or repair means any work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an improvement, or any part thereof by restoring it, as nearly as practical, to its appearance prior to the occurrence of such deterioration or damage.

Outdoor recreation/entertainment means a business which is open to the public where customers pay the proprietor for the use or enjoyment of recreational facilities or equipment on-site but not within an enclosed building.

Outdoor retail sales, displays and/or storage means any use of property which involves the sale, leasing, display or storage of commodities, goods, materials or equipment in a location other than in an enclosed building, excluding vehicle sales and newsstands or newspaper vending machines.

Overhead doors mean larger roll up type doors utilized to enclose building support service areas and/or sanitation areas for the use of the delivery of goods and services, typically provided for vehicles.

Overhead irrigation system means a high pressure, high volume irrigation system.

Overnight accommodations means a building or portion thereof designed and used primarily to provide sleeping accommodations for transient guests for a daily or weekly rental charge and including interval ownership and such office, meeting, restaurant facilities as are integral to the primary function of the use.

Overnight stay means staying for the night as a visitor or guest.

Overlay zoning district means a zoning designation that prescribes special regulations and additional requirements upon an underlying zoning district without changing the requirements of the underlying district in exchange for increases, changes or modifications to intensity and density.

Owner means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be developed or subdivided to commence and maintain proceedings to develop or subdivide the same under these regulations.

Parapet meansthat portion of a wall which extends above the roofline.

Parcel of land means one (1) or more lots which are designated by the owner or developer as land to be used or developed as a unit, or which has been developed as a unit.

Parcel proposed for development means any parcel of land which is the subject of an application for development approval.

Park means a noncommercial facility designed to serve the recreation needs of the residents of the community.

Parking garage or lots means off-street parking for commercial purposes as a principal use of a parcel of land.

Parking space means a surfaced area or area provided by a mechanical lift, exclusive of driveways, reserved for the temporary storage of one (1) motor vehicle and connected with a street or alley either directly or by a driveway.

Parkway zone means an area which is immediately adjacent to parallel parking which serves as a safety zone between the area of pavement and a Pedestrian Zone. The Parkway Zoneis the location for street trees and annual and perennial plantings.

Paseo means a publicly accessible space located on the ground level that enhances pedestrian activity and provides pedestrian oriented amenities. A paseo open to the sky shall count towards open space requirements . A covered paseo may count up to a maximum of seventy-five (75%) percent towards open space requirements. An easement or restrictive covenant is required to ensure that public access is maintained.

Patio means an open-air, level area without walls that abuts the main building, and typically located in the rear or side.

Pedestrian amenities means improvements including the following: benches; refuse containers; lighting; information kiosks; bike racks; planter boxes; statuaries; wall mounted fountains; pavers; street furniture; freestanding fountains; other water features; art; and other similar improvements provided and utilized by the public.

Pedestrian pass-through means a ground-level publicly accessible area, sidewalk, paseos or passageway that is intended to provide a through block connection for pedestrian circulation between two (2) or more rights-of-way. A pedestrian pass-through open to the sky shall count towards landscape open space requirements . A covered pedestrian pass-through may count up to a maximum of seventy-five (75%) percent towards open space requirements. An easement or restrictive covenant is required to ensure that public access is maintained.

Pedestrian zone is the portion of the streetscape which is designed for pedestrian movements.

Penthouse is an enclosed roofed structure extending not more than twelve (12) feet above the roof of a building and having an area not exceeding more than twenty-five (25%) percent of the area of the floor immediately below. A penthouse shall not be construed as a story. Penthouses shall not be permitted in an SFR or MF1 district.

Permitteduse means a use which is specifically authorized in a particular zoning district.

Person means any one (1) or more natural persons (regardless of age, mental competency, physical capacity, or legitimacy of birth), corporation (for profit or otherwise), mutual companies, joint-stock companies, partnerships, associations, firms, joint ventures, labor organizations, unincorporated organizations, syndicates, estates, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, legal representatives, personal representatives, heirs, devisees, spouses, creditors, debtors, beneficiaries, attorneys-in-fact, property owners, landlords, tenants, contract purchasers, contract sellers, public agencies (whether federal, state, or local), public officers, public employees, resident aliens, foreign governments, and any other group or combination of natural or artificial persons or entities.

Personal radio services include the following services as defined by the Federal Communications Commission (FCC) as amended: the General Mobile Radio Service, the Family Radio Service, the Radio Control Radio Service, the Citizens Band Radio Service, the Low Power Radio Service, the Wireless Medical Telemetry Service, the Medical Device Radio Communication Service, the Multi-Use Radio Service, and the Dedicated Short-Range Communications Service On-Board Units. Personal Radio Services provide short-range, low power radio for personal communications, radio signaling, and business communications not provided for in other wireless services. The range of applications is wide, spanning from varied one- and two way voice communications systems to non-voice data transmission devices used for monitoring patients or operating equipment by radio control. Licensing and eligibility rules vary. Some personal radio services require a license grant from the FCC, while others require only the use of equipment that is properly authorized under the FCC's rules. The personal radio services are:

Citizens Band (CB) Radio Service - 1-5 mile range two-way voice communication for use in personal and business activities.

Family Radio Service (FRS) - 1 mile range Citizen Band service for family use in their neighborhood or during group outings.

General Mobile Radio Service (GMRS) - 5-25 mile range Citizen Band service for family use in their neighborhood or during group outings.

Low Power Radio Service (LPRS) - private, one-way communications providing auditory assistance for persons with disability, language translation, and in educational settings, health care, law, and AMTS coast stations.

Medical Implant Communications Service (MICS) - for transmitting data in support of diagnostic or therapeutic functions associated with implanted medical devices.

Multi-Use Radio Service (MURS) - private, two-way, short-distance voice or data communications service for personal or business activities of the general public.

Personal Locator Beacons (PLB) - used by hikers, and people in remote locations to alert search and rescue personnel of a distress situation.

Radio Control Radio Service (R/C) - one-way non-voice radio service for on/off operation of devices at places distant from the operator.

Wireless Medical Telemetry Service (WMTS) - for remote monitoring of patients' health through radio technology and transporting the data via a radio link to a remote location, such as a nurses' station.

Personal wireless services mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined under federal law, 47 U.S.C. §332(c)(7)(C), and includes but is not limited to, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, and paging service. Personal wireless services shall not be considered as essential services, public safety telecommunications, public utilities or private utilities.

Planting detail means a graphic representation of the plant installation depicting the materials to be used and dimensions to be met in the placement of plants and other landscape materials.

Planned Area Development(PAD) means a development which allows a land area of a minimum contiguous size to be planned, developed, operated and maintained as a single entity according to a master plan which permits variations in many of the traditional controls related to floor area ratio, density, land use, setbacks, landscaped open space and other design elements with the purpose of improving the public realm.

Play structure means a freestanding accessory structure designed exclusively for the use of children.

Plaza or square means a ground-level public open space area designed and intended for the common use and enjoyment of the public which includes pedestrian amenities.

Porch means a roofed structure not more than seventy-five (75%) percent enclosed by walls and attached to the main building of a depth no more than fourteen (14) feet for the purpose of sheltering from the rays of the sun and from rain and weather, exclusive of vehicles, for either persons or inanimate objects.

Porte-cochere means a porch roof projecting over a driveway at the entrance to a building and attached to the main building for the purpose of sheltering those getting in or out of vehicles. Porte-cocheres shall be located in the front of single-family residences.

Pre-existing tower and preexisting antenna means a telecommunications tower or antenna for which a building permit has been properly issued prior to the effective date of these regulations, including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval has not expired.

Precedent, architectural means a building, structure, or element of design that is used by an architect as an example or guide for designing a new building.

Principle structure means a main or primary structure that contains a use that is permitted pursuant to all applicable regulations including all the support services for a development.

Private means a feature, use, land area, improvement, building, facility, structure, service and public realm or pedestrian amenity that is neither public nor civic. The use is intended solely for the utilization of a select group of individuals or persons.

Private club means associations and organizations of a fraternal or social character, or which are maintained in connection with a golf course; and shall not include casinos, nightclubs or other institutions operated as a business. Such organizations and associations must be organized under the laws of the State of Florida as a non-profit corporation.

Private garage means a building designed and used exclusively for storage on the ground floor of not more than four (4) motor vehicles devoted to the private use of the owner, when such garage is located on the same premises, as an accessory use, with the residence or business of the owner of such automobiles so stored.

Private yacht basin means a facility providing docks, slips, piers, pilings, bollards, anchorage and moorings for yachts and pleasure boats for the residents of the City of Coral Gables either by ownership, lease or rent and such off-street parking and buildings and structures as are required for the operation of such yacht basin, not including docking facilities provided as an accessory use toresidential uses for use of residents living in such buildings.

Problematic uses means commercial retail and service uses which are typically characterized by poorly maintained facilities, loitering and other indices of neighborhood deterioration or urban blight, including, day labor agencies, tattoo parlors, body piercing, pawn shops, check cashing centers and blood plasma centers.

Prohibited uses mean uses which are not permitted under these regulations.

Propertylines mean the lines which bound a property.

Property line, front means a property line which runs generally parallel to and along a road right-of-way or street exclusive of alleyways.

Propertyline, side means a property line which runs generally perpendicular or radial to the front property line.

Property line, rear means a property line which runs generally parallel to the property line from which a property is addressed.

Property owners association (POA) means the organization of owners of parcels of lands, and/or buildings with the responsibility to safeguard the rights of tenants, owners, etc., through the implementation of covenants and restrictions, including: maintenance responsibilities of all common areas, open spaces and other public areas, standards for building location, construction, etc.

Public use means a use which is not for private use or function.

Public benefit means a feature, use, land area, improvement, building, facility, structure and/or service that provides a benefit and whose expressed purpose is to benefit the public.

Public buildings and grounds mean land designated Public Buildings and Grounds by the City’s Comprehensive Plan.

Public facility means a building, use or structure owned or occupied by a federal, state, regional or local government agency, such as a jail, housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations for criminal laws, sanitary landfill, solid waste transfer or disposal facility, wastewater treatment facility, or hazardous waste treatment or storage facility, but not including a governmental use, military facility, residential-care home, rehabilitation center, or education or health institution.

Public garage means a building or premises arranged, designed and intended to be used for the storage or service of motor vehicles for hire or reward, or which is not a private garage.

Public improvement means any improvement, facility or service that is planned and designed for public use located on public land, site, or rights-of-way for the purpose of providing public access and use twenty-four (24) hours a day/seven (7) days a week.

Public property means any City owned, leased, controlled, dedicated or platted real property, including parks, marinas, alleys, streets, rights-of-way or other real property.

Public realm means the land area, common area, use or facility either on public or private property that is available to the public including sidewalks, rights-of-way, alleys, plazas, open space, atriums, arcades, loggias, parks, paseos, playgrounds, water concourses or any other places commonly open to the public including areas on private property commonly open to view by the public. Public realm is also defined as all improvements required pursuant to these provisions including the following: benches; information kiosks; lighting; bike racks; refuse containers; sidewalk pavement treatments; statuary; street crosswalk paver treatments; wall mounted fountains; water fountains and other similar water features and under grounding of utilities.

Public recreation area means a tract of land which is used for a public park or public beach. The term includes publicly owned property used for active or passive recreational uses.

Public transportationfacilities mean passenger terminals, stations, shelters and related facilities primarily intended for transportation.

Publicly accessible means an area that is readily-accessible by the public for use twenty-four (24) hours a day/seven (7) days a week.

Qualified registered patient/Qualified patient means a resident of the state of Florida who has been added to the State’s compassionate use registry by a physician licensed under chapter 458 or chapter 459, Florida Statutes to receive Medical Marijuana from a dispensing organization or Medical Marijuana Treatment Center or similar use as defined in Florida Statutes.

Receiving site means the site which will receive unused development rights.

Reconstruction means the process of reproducing by new construction the exact form and detail of a demolished building, structure or object as it appeared at a certain point in time.

Recreational equipment means play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbeque stands and similar equipment or structures.

Rehabilitation means the process of repairing or altering an historic building or structure so that an efficient contemporary use is achieved, while preserving those significant, historical architectural or cultural features which establish the character of the property.

Religious institution means a church, synagogue, temple, mosque or other place of religious worship, including administrative facilities, schools, day care center or dwelling associated with the institution.

Relocation means the act of preserving an historic structure which cannot remain on its existing site by physically moving it to a new location.

Replat means the re-dividing of lots within a platted subdivision for the purpose of recording in the public records of Miami-Dade County, Florida.

Researchand technology use means a use such as medical, optical and scientific research facilities, laboratories, pharmaceutical compounding and photographic processing facilities and facilities for the assembly of electronic components, optical equipment, and precision instruments or laboratories or buildings the primary use of which is the research, testing and development of goods, materials, foodstuffs or products.

Residential district (or residentially zoned) means any parcel of property located in one of the following zoning districts: Single-Family, Multi-Family 1, Multi-Family 2 and Multi-Family Special Area.

Residential estate means a single-family residential site comprising an area of not less than one and one half (1½) acres and having a minimum lot width of two hundred (200) feet and a minimum lot depth of two-hundred-fifty (250) feet. No single-family residence having a minimum square foot floor area of less than four thousand two hundred and seventy-three (4,273) square feet shall be designated as a Residential Estate. Except as provided for in these regulations a Residential Estate shall abide by all rules and regulations applicable to the SFR district.

Residential use means a permanent place of residence for a family.

Restaurant means a use providing for the preparation or sale of prepared food for consumption by customers primarily on the premises, including the subordinate sale of alcoholic beverages for consumption on premises as permitted by applicable state law, but excluding facilities with prepared food service within grocery stores and delicatessens.

Restaurant, fast food means a use involving the sale of food and/or beverages ordered at either a counter or drive-through facility for either consumption on the premises using dishes and utensils which are disposable, or for consumption off the premises.

Restoration means the act of accurately recovering the form and details of a property as it appeared at a particular period of time, which may involve the removal of later additions or alterations, or the replacement of missing features.

Restrictive covenant means a written agreement executed by and between one (1) or more property owners and the City of Coral Gables, whereby the property owner(s) for a specified consideration by the City agrees to certain conditions, restrictions and/or limitations on the use, maintenance or sale of property. Such restrictive covenant shall be recorded in the Public Records of Miami-Dade County, Florida and shall run with the land and shall be binding upon the property owner, his successors and assigns.

Retail sales and services mean a use, the principle use or purpose of which is the sale of goods, products, materials, or services directly to the consumer, including financial institutions, grocery stores, personal services, art galleries, farmer markets and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and the display of alcoholic beverages occupies less than twenty-five (25%) percent of the floor area of the use, not including street vendors or the on-premise consumption of alcoholic beverages.

Review guide means the component of the designation report prepared by the historic preservation officer, which lists some of the more prominent features which contribute to the overall character of a structure and/or district. The review guide may be used to address the impact of new construction, additions, modifications, alterations, and/or renovations which may become the subject of some future Certificate of Appropriateness or to address the existing physical characteristics, and may be used to determine whether or not elements which create the character of the structure and/or district are present, or whether subsequent changes to the property have rendered it ineligible for listing.

Right-of-way means a strip of land dedicated by a subdivider, or deeded by the owner(s), for public use as a vehicular or pedestrian access way.

Roof deck is the top exterior surface of a flat roof.

Rooftop means the exterior surface on the top of a building or structure.

Sales and/or leasing offices mean the use of space as sales or rental offices for units or other permitted uses on the same site.

Sales office, land development means an office located within a newly platted subdivision and used by the land developer for the sale of the lots within the platted subdivision. Such sales office may consist of an existing building located within the subdivision, a mobile home, a travel trailer or a temporary building.

Satellite earth station means a dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites, including a low-noise amplifier (LNA) and a coaxial cable for the purpose of carrying signals to the interior of a building.

School means an elementary, middle, or high school, and exceptional learning center.

Showroom means a large space to display merchandise for advertising or sale, such as automobiles, furniture, or appliances.

Screened enclosure means a frame erected of metal which framing and overhead supports are only covered with insect screening of metal, fiberglass or other approved insect screening. The insect screening shall have at least fifty (50%) percent open areas per square inch. The framing and overhead supports of such screened enclosure shall be solely for the purpose of supporting such screening.

Screened porch means a roofed structure not more than seventy-five (75%) percent enclosed by walls and attached to the main building provided; however, the remainder of the screened porch may be enclosed with insect screening or metal, fiberglass or other approved insect screening. The insect screening shall have at least fifty (50%) percent of open area per inch enclosed by walls and attached to the building for the purpose of sheltering from the rays of the sun, exclusive of vehicles, either persons or inanimate objects.

Secretary of the Interior’s Standards for Rehabilitation (Revised March, 1990) means measures which provide guidance on the sensitive rehabilitation of an historic property. The ten (10) standards generally address design issues which include: character defining elements; changes which have occurred over the course of the property’s history; desirable approaches to the repair of damaged features; appropriate cleaning methods; archaeological resources; and new construction in connection with an historic property.

Self-storage warehouse means a building or group of buildings consisting of individual, self-contained units leased to individuals, or organizations or businesses for self-service storage of personal property.

Sending site means a designated historic landmark or contributing property within a local historical district which has excess development rights that can be sent to a receiving site as Transfer of Development Rights (TDRs).

Service provider means any person or business entity wishing to locate a telecommunications tower or antenna within the City limits to provide personal wireless services.

Setback means the minimum horizontal distance between a property line and a structure or in the event a right-of-way line is interior to the property line, the setback is the horizontal distance between the right-of-way line and a structure, including terraces or any covered projection thereof, but excluding steps.

Setback, front means the setback between the front property line and a structure.

Setback, rear means the setback between the rear property line, or where a lot abuts a water body the high water line, and a structure.

Setback, side means the setback between the side property line, or where a lot abuts a water body the high water line, and a structure.

Shelter canopy means a roof-like covering, intended and used for the purpose of sheltering from the rays of the sun and from rain and weather exclusive of vehicles, either persons or inanimate objects. Shelter canopies are partially or entirely supported from the ground up.

Shieldedlight fixture means a luminaire constructed and installed in a manner that all light emitted is projected below the horizontal plane of an opaque top (fully shielded), part of the light is emitted (partly shielded), or no light is emitted (unshielded).

Shrub means a self-supporting woody perennial plant normally growing to a height of twenty-four (24) inches or greater, characterized by multiple stems and branches continuous from the base.

Sign means an identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, persons, institution or business.

Sign area means the sum of the areas of the sign enclosed within a projected rectangle or within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of the words, letters, announcement, logo, pictorial element, etc., together with any frame, background area of sign, structural trim or other material, color or condition which forms an integral part of the display excluding the necessary supports or uprights on which such sign is placed. (See illustration)

Sign, animated or flashing means any sign including electronic, laser, video, digital or similar displays, with elements, images, text, or colors that move, rotate, flash, change or similar movement. Additionally, a barber pole (i.e., a staff or pole with a helix of colored stripes used by barbers to signify the place or shop where they perform their craft) is not an animated or flashing sign, even if it rotates.

Sign, awning means a sign incorporated into, attached, affixed to, stamped, perforated, stitched or otherwise applied or painted on a structure made of cloth, canvas, metal or similar material that is affixed to a building and projects. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building, an awning or canopy. The sign shall only be permitted on the valence of the awning. (See illustration)

Sign, building means an on-site sign-identifying name of a building or institution, of the lawful use/business located on the same property as the business. (See illustration)

Sign, building façade calculation means the portion of the surface area of a building that is viewable from the street and/or adjacent property, excluding sloped roof areas. Facilities that occupy only a portion of a building shall only utilize the portion of the front building façade that faces onto a public street to calculate the amount of allowable sign(s) permitted on the building façade. (See illustrations)

Sign, cantilever means a sign which is mounted upon a cantilever and which does not extend beyond the cantilever.

Sign, decal means a sign affixed to a window or transparent surface that is visible from the exterior portions of a building. This includes the following signs: entrance; exit; credit card advertising or other information subject to approval by the Development Services Department.

Sign, design means a sign that contains unique design characteristics that include all of the following:

  1. Utilizes artistic form, sculptured and/or three-dimensional attributes in the creation of the sign, lettering, background, decorative elements, and/or structural elements;
  2. Utilizes materials and methods of construction that exceed typical sign industry standards;
  3. Is appropriately sized and consistent with the architecture and material composition of the building; and
  4. Is compatible with the accompanying building with the intent of enhancing the building. (See photographs for examples)

Sign, detached means a sign not attached to or painted on a building, but which is affixed to the ground. Sign, detached also includes signs attached to surfaces such as fences and walls that are not part of a building.

Sign, directory meansa sign, other than an identification sign, listing the names, uses, or locations of the various businesses or activities conducted within a building or group of buildings that is attached to a building or freestanding and is centrally located to provide on-site directions. A directory sign is intended to direct people to destinations on the building site and does not contain advertising copy. (See illustration)

Sign, doorway means a sign attached, affixed to or mounted above an entrance doorway with the intent of identifying the pedestrian entrances/exits to buildings and structures. (See illustration)

Sign, electronic means any type of electronic display board, electronic message board, digital, LED, programmable ink or other sign capable of displaying words, pictures, symbols, video or images including any electronic, laser, digital, or projected images display that can be changed electronically or mechanically by remote or automatic means. Architectural lighting which does not include text, images or graphics, designed to illuminate building walls, architectural features or landscaping is a not a sign.

Sign, elevation means the vertical distance measured from the lowest adjacent grade to the lowest point of the sign.

Sign, height means the vertical distance measured from the lowest adjacent grade to the highest and/or upper most point of the sign, sign structure or element. (See illustration)

Sign, human means a sign held by or attached to a human for the purpose of advertising or providing information about a business, commodity, service, product, or other commercial activity. A person dressed in a costume for the sole purpose of advertising or providing information about a business, commodity, service, product, or other commercial activity shall constitute a human sign. Human signs do not include T-shirts, hats, uniforms, or other similar clothing worn by a human.

Sign, illuminated means a sign designed and lighted by or exposed to artificial lighting either by lights on or within the sign or directed toward the sign. (See illustrations)

Sign, logo or logotype means a trademark, company name, and or symbol identifying the business or service provided and which may be all or part of a sign. The size of logo and/or logotype shall be included as a part of the allowable overall sign area. (See illustration)

Sign, marquee means a sign attached to or constructed upon a marquee.

Sign, monument means a free standing sign supported primarily by an internal structural framework or other solid structural features other than support poles. This sign is designed to incorporate design and building materials which complement the architectural theme of the buildings of the premises.

Sign, noncommercial means a sign containing no commercial message.

Sign, nonconforming means a sign and/or sign structure existing, which by its height, type, content, square footage area, locations, use, or structural support and all other provisions contained within these regulations does not conform to the requirements of these regulations.

Sign, off-premises means a sign that directs attention to a business, commodity, service, or entertainment that is not located, sold, or manufactured on the same premises where the sign is located. For the purposes of this definition, the first floor and the upper floors of a multi-story building are separate “premises.”

Sign, plaque meansa flat plate, slab, or disk that is ornamented or engraved for mounting on a wall or a monument to provide noncommercial information.

Sign, primary street meansthe street right-of-way, towards which the building front or facing is oriented, based upon the existing platted lot configuration.

Sign, professional affiliations means a sign indicating any applicable design services that are presently being completed on the property pursuant to the issuance of a permit.

Sign, projection means a sign, which projects from and is supported by a wall or parapet of a building with the sign face perpendicular or approximately perpendicular to the wall or parapet. The use of logos raised lettering and three-dimensional features or three-dimensional signs is encouraged and permitted. (See illustrations)

Sign, side street means the adjoining street right-of-way, which is secondary to the front or front face of a building, based upon existing platted lot configuration.

Sign, signature event is a sign placed on a “City-owned” museum, theater or one screen cinema providing for the opportunity to promote community based activities, events, exhibits, and shows within the facilities.

Sign, temporary means a sign installed for a temporary period. Examples of temporary signs include:

  1. Construction and/or renovation of a building and/or structure or other associated improvements requiring a building permit identifying architects, engineers, contractors, tradesman and/or others engaged in work completed on the premises.
  2. Real estate signage indicating the sale and/or rental of the property that the sign is located.
  3. Professional affiliations sign indicating any applicable design services that are being completed on the property pursuant to the issuance of a building permit.
  4. Signs displayed at temporary campaign headquarters in advance of an election.
  5. Yard signs intended to be displayed for a temporary period, such as campaign signs.

Sign, temporary construction sign (non-residential zoning districts) means a sign indicating a construction and/or renovation of a building and/or structure identifying architects, engineers, contractors, tradesman and/or others engaged in work completed on the premises.

Sign, temporary exhibition means sign(s) identifying items in temporary exhibitions.

Sign, visible refers to the ability to see a sign, message, copy area, display (legible or not) without visual aid by a person of normal vision acuity or simply stated, can be seen.

Sign, window area means the total area of the glass either transparent or non-transparent that occupies a building face. This includes all areas of glass including windows, doors, sidelights, transoms (fixed or operable), etc.

Sign, window means any display of lettering, text, words, graphics, symbols, pictorial presentation, numerals, trademarks, numbers, logos, crests, emblems, or any part or combination or other devices used to attract attention, or to identify, or as an announcement that is posted, painted, placed, or attached to or projected upon a window exposed to public view or is visible to persons outside the building. This shall include signs visible or located within ten (10) feet of the interior of a glass area with the intent of being visible from the exterior portions of the building. This does not include merchandise displays or similar fixtures. (See illustration)

Sign, wall means a sign painted or attached on the outside of a building/structure, or attached to, and erected parallel to the face of a building and supported throughout its length by such building/structure. (See illustration)

Single-family district means a zoning district primarily intended for the use of single-family residences and other compatible uses.

Single-family residence means a building used or designated to be used as a home or residence in which all living rooms are accessible to each other from within the building or roofed walkway, and in which the use and management of all sleeping quarters, all appliances for cooking, ventilating, heating or lighting are under one control, and to be occupied by one family plus servants, who are living and cooking as a single household.

Single-housing project means not more than three (3) multiple family units constructed on a lot or on contiguous lots so as to be an architectural entity. (See Section 5-103(G)(1))

Site, under the Spectrum Act, for towers other than towers in the public rights-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Site plan means a plan drawn to scale, showing uses and structures proposed for a parcel of land as may be required by the Development Review Official in conjunction with an application for development approval.

Small-scale amendment means an amendment to the Future Land Use Map of the Comprehensive Plan that affects a contiguous land area of ten (10) acres or less.

Specified anatomical areas means those areas of the body that are:

  1. Less than completely and opaquely covered:
    1. Human genital, pubic region;
    2. Buttock; and
    3. Female breast below a point immediately above the top of the areola.
  2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

  1. Human genitals in a state of sexual stimulation or arousal;
  2. Acts of human masturbation, sexual intercourse or sodomy; and
  3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Specimen tree means a tree with any individual trunk which has a DBH of eighteen (18) inches or greater, but not including the following: 1) all trees listed in Section 24-60(4)(f); 2) non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including mangos, avocados, or species of citrus; 3) non-native species of the genus Ficus, and 4) all multi-trunk trees in the palm family, except Acoelorrhaphe wrightii which have a minimum overall height of fifteen (15) feet.

Spectrum Act means the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, title VI (Spectrum Act of 2012), § 6409(a), 126 Stat. 156 (Feb. 22, 2012), codified as 47 U.S.C. § 1455(a)), and the regulations adopted by the FCC to implement the Spectrum Act, codified at 47 C.F.R. §§1.6100 et seq., as they may be amended.

Spot zoning involves change(s) in district boundaries, variances, and other amendments to the Zoning Code and Maps which violate sound principles of zoning and are characterized by the following:

  1. Individuals seek to have property rezoned for their private use;
  2. Usually the amount of land involved is small and limited to one (1) or two (2) ownerships;
  3. The proposed rezoning would give privileges not generally extended to property similarly located in the area; or
  4. Applications usually show little or no evidence of, or interest in, consideration of the general welfare of the public, the effect on surrounding property (including adequate buffers), whether all uses permitted in the classification sought are appropriate in the locations proposed, or conformity to the Comprehensive Plan or to comprehensive planning principles (including alterations to the population density patterns and increase of load on utilities, schools and traffic).

Spray head means an irrigation device which applies water to the soil or plant surface by fixed spray or mist nozzles.

Stabilization/maintenance plan means a document prepared by a professionally licensed architect or engineer which a) sets forth a complete assessment of the existing building conditions and, b) sets forth either an immediate corrective plan (stabilization plan) and/or sets up a schedule for a five (5) year re-evaluation of major building components (maintenance plan).

Stabilized lawn area means an area of ground underlain with structural support in the form of grass pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks and garbage trucks.

Standing seam metal roof means a type of roofing material characterized by long flat metal panels or sheets that are crimped together along their vertical edges.

Stealth means any antenna telecommunications facility or tower that is designed to blend into the surrounding environment. Examples of such facilities would include architecturally screened roof mounted antenna, buildingmounted antenna painted to match the existing structure, antenna integrated into architectural elements, telecommunications towers designed to look like light poles, power poles, utility poles, flag poles, man-made trees, clock towers, bell steeples, and similar alternative designs.

Stepbacks means changes in the surface, façade or facing of a structure or building that are beyond the required setbacks with the intent of providing depth and/or variations to the building façade.

Stoop means a small staircase ending in a platform and leading to a pedestrian entrance of a building.

Stormwater retention/detention area means an area designed, built and used for temporary storage of stormwater.

Storymeans:

  1. Each horizontal division in a building above the ground and below the roof. When habitable space and parking areas are generally located in the same story, the habitable portion of the building will be considered a story. Parking areas and parking levels within a building, which are screened with habitable space or with appropriate architectural features or artistic treatment as directed by the applicable sections of this Zoning Code shall not be considered a story. Any parking area or level not screened with habitable space shall be defined as a story.
  2. A mezzanine which exceeds thirty-three and one-third percent (33-1/3%) of the total floor area of any story in which the mezzanine floor occurs shall be considered as an additional story. Parking will not be allowed in a mezzanine.
  3. That portion of a building between floor and ceiling which is so located that more than one- quarter (1/4) of the clear height from floor to ceiling is above grade.

Street means a thoroughfare used for public foot and vehicular traffic other than an alley.

Street, arterial means a fast or heavily traveled street of considerable continuity and used primarily as a traffic artery for interconnection among large areas.

Street, collector means a street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

Street, cul-de-sac or dead-end means a minor street with only one (1) outlet terminating at one (1) end with a circular turn-around.

Street lamp means a light standard equipped with an incandescent, metal halide, high-pressure sodium or equivalent lighting for the purpose of illuminating the surrounding properties.

Street line means the dividing line between a street and a lot.

Street, local residential means a street intended to provide direct access to abutting residential properties and discourage through traffic movements not related to the neighborhood in which the local street is located.

Street, marginal access means a minor street which is parallel and adjacent to arterial streets, and which provides access to abutting properties and protection from through traffic.

Street, minor means a street used primarily for access to abutting properties.

Street width means the shortest distance between the lines delineating the right-of-way of a street.

Streetscape means the area along the public street between the street and buildings which defines the character of the street at the pedestrian level.

Structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but not all structures are buildings). Structure, for the purpose of an eligible facilities request, means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services)

Substantial Change for purposes of an eligible facilities request means a modification that changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

  1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
  2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
  3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets, per eligible facilities request, not cumulative; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
  4. It entails any excavation or deployment outside the current site;
  5. It would defeat the concealment elements of the eligible support structure; or
  6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in sub-paragraphs (i)-(iv) of this definition.

Substantially similar application means an application where:

A. Development density and intensity have not materially changed from the former application, in that:

1 The number of buildings is within ten (10%) percent of the previous number of buildings;

2. The number of stories is the same;

3. The height of the building(s) is within ten (10%) percent of the previous height of the building(s);

4. The number of units is within ten (10%) percent of the previous number of units;

5. The lot coverage and floor area ratio are within ten (10%) percent of the previous lot coverage or floor area ratio; and

B. Design has not materially changed, in that:

1. The roadway patterns, including ingress-egress points, are in the same general location as shown on the former application;

2. Parking areas are in the same general location and configuration;

3. The building setbacks are the same as the former application or different by a distance that is less than fifteen (15%) percent of the applicable setback requirement;

4. Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans; and

C. Proposed sign(s) are no greater in size and are placed in the same general location on the site as set out in the former application.

Subdivider means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land for himself or for another.

Subdivision means the division of a parcel of land into two (2) or more lots or parcels of land for the purpose of transfer of ownership or building development or if a new street is involved, any division of a parcel of land. The term includes re-subdivision, and when appropriate to the context, it relates to the process of subdividing or to the land subdivided.

Survey, certified means a survey, sketch, plan, map or other exhibit when a written statement regarding its accuracy or conformity to specified standards is signed by a registered surveyor, and which shows property corner stakes; property line dimensions; interior property line angles; existing structure, their dimensions and relation to property lines; general elevation of property; all existing utilities and related data; existing rights-of-way; easements of record; existing sidewalks; general block plan and other pertinent survey data.

Swimming pool or spa means a structure of masonry or concrete construction containing a body of water intended for recreational purposes, including a wading pool having a depth of more than eighteen (18) inches and/or a water surface area of more than two-hundred-fifty (250) square feet, but not including an ornamental reflecting pool or fish pond located and designed so as not to create a hazard or be used for swimming or wading.

Tandem parking spaces means two (2) parking spaces arranged one behind the other.

Technical deviation from an approved campus master plan development order means a change with regard to the character, location or magnitude of land use which does not result in a material increase in adverse impacts on lands not located within the UMCAD District or on the City of Coral Gables as a whole.

Technically competent means materials prepared by professionals who have recognized credentials (including, where available in the particular field, certification or licensure), in the field to which the materials relate, and are prepared either:

  1. According to standards and methodologies which are generally accepted in the field of study which was involved in their production; or
  2. According to standards and methodologies which are proven to be either as reliable or more reliable than those which are generally accepted, given the special circumstances of a particular application.

Telecommunications Act means the Telecommunications Act of 1996, Pub. L No. 104-104, codified at 47 U.S.C. §332(c), and the Communications Act of 1934, 47 U.S.C. §151 et seq.

Telecommunications facility means personal wireless services facilities, as defined under federal law, 47 U.S.C. §332(c)(7)(C), and includes antennas and radio-transmitting telecommunications towers, and associated facilities used to transmit telecommunications signals. Light, electric and utility poles are only support structures and are not a telecommunications facility. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service.

Telecommunications tower or tower means any structure, and support thereto, designed and constructed for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, intended for transmitting or receiving personal wireless services, telephone, radio and similar communication purposes, including, but not limited to, lattice, stealth, monopole, and guyed towers. The term includes microwave telecommunications towers, common-carrier telecommunications towers and cellular telephone telecommunications towers, among others. Light, electric and utility poles are only a support structure and are not a telecommunications tower.

Television/radio studio means a station for the production and transmission of radio or television broadcasts.

Temporary irrigation systems mean a system including surface distribution elements (hose, pipe, etc.) which may be easily removed when the landscape is established.

Temporary tent means a tent installed for thirty (30) days or more.

Temporary university use means particular uses of land which have a defined period of activity not exceeding ninety (90) days, including special events.

Temporary use means a non-permanent use permitted for a period of time by these regulations. See Section 3-600.

Tent means any portable or removable shelter made of canvas and/or some other similar fabric, either natural or synthetic, as contrasted with an awning or canopy.

Tentative plat means the tentative map, drawing or chart indicating the proposed layout of the subdivision.

Terrace means the landscaped elevated portion of an upper floor of a building that is open to the sky.

Theater, adult motion picture means an enclosed building used for presenting motion picture films distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Tower means a nonhabitable or habitable structure or the portion of a building or structure that rises vertically from the roof level in proportion to the dimensions of the principal structure and is generally of smaller size and dimension than the principal building.

Tower, decorative means a nonhabitable or habitable portion of a building or structure that is generally of smaller size and dimension than the principal building.

Townhouse/rowhouse means an attached dwelling unit with primary access at grade, that is a series of dwelling units, attached in a row, separated from each other by an unpierced wall extending from the foundation to the roof. All units shall have their primary pedestrian entrance facing and visible from a street, with off-street parking accessed from the rear of the property. Buildings shall generally conform to the traditional townhouse/rowhouse design concept as found in such places as Georgetown, Boston, Philadelphia, and New York City. See photographs below for examples.




Trailer meansevery vehicle without motor power, designed for carrying persons or property on its own structure and for being drawn by a motor vehicle.

Transfer of development rights (TDR) means the removal of all or a portion of the right to develop or build from land and moving those rights to other land.

Transparency means the area of windows and doors, measured as a percentage of the total area of a facade.

Tree means a self-supporting woody plant which usually produces one main trunk and a more or less distinct and elevated head with many branches which normally grows to an overall height of a minimum of fifteen (15) feet in Miami-Dade County.

Tree canopy cover means the aerial extent of the branches and foliage of a tree.

Trellis means a frame or structure of latticework used as a decorative feature which may be free-standing or attached to a structure.

Triangle of visibility means a triangular area of land occurring at the intersection of two (2) streets or a driveway and street which is maintained free of visual obstructions so as to provide adequate visibility of oncoming pedestrians and vehicles.

Truck means any motor vehicle designed, used or maintained for transporting or delivering property or material used in trade or commerce in general. Trucks shall include any motor vehicle having space designed for and capable of carrying property, cargo, or bulk material and which space is not occupied by passenger seating.

UMCAD District Approval means the accumulated approvals granted by the City of Coral Gables for the University of Miami Campus Area Development.

Under story means the complex of woody, fibrous, and herbaceous plant species that are typically associated with a natural forest community, native plant community, or native habitat.

Undue economic hardship means an exceptional financial burden that would amount to the taking of property without just compensation, or failure to achieve a feasible economic return in the case of income producing properties.

Unity of title means a written agreement executed by and between one (1) or more property owners and the City of Coral Gables, whereby the property owner(s) for a specified consideration by the City agrees that the lots and/or parcels of land constituting the building site shall not be conveyed, mortgaged, etc. apart from each other and that they shall be held together as one (1) tract. Such Unity of Title shall be recorded in the Public Records of Miami-Dade County, Florida and shall run with the land and shall be binding upon the property owner(s), his successors and assigns.

University Campus means those lands that are used for higher educational purposes and is zoned UMCAD District.

University Campus District (UCD) Frontage A means land within the UCD which has frontage on the following road segments: a) San Amaro Drive and Campo Sano Drive from Mataro Avenue to Pisano Avenue; b) Pisano Avenue from University Drive to Granada Boulevard; c) Granada Boulevard from Pisano Avenue to Ponce de Leon Boulevard; d) south side of Mataro Avenue beginning at the east property line of Lot 12, Block 184, Riviera Section Part 6 to Red Road; and e) Red Road from Mataro Avenue to Brescia Avenue.

University Campus District (UCD) Frontage B means land within the UCD which has frontage on the following road segments: a) Pisano Avenue from Campo Sano Drive to University Drive; b) west side of San Amaro Drive from Levante Avenue to Mataro Avenue; c) east side of San Amaro Drive from Brescia Avenue to Mataro Avenue; d) Block 184, Lots 13 and 14, Riviera Section Part 6 on Mataro Avenue; e) Red Road from Brescia Avenue to Levante Avenue; and f) north side of Levante Avenue from San Amaro Drive to Red Road.

University Campus District (UCD) Frontage C means land within the UCD which has frontage on the following road segments: Ponce de Leon Boulevard from Granada Boulevard to the west side of the Ponce Garage. Underground parking shall have no setback.

University Campus District (UCD) Frontage D means land within the UCD which has frontage on the following road segments: a) Ponce de Leon Boulevard the west side of the Ponce Garage to San Amaro Drive; and b) the east side of San Amaro Drive, from Ponce de Leon Boulevard to Brescia Avenue.

University Campus District (UCD) Frontage E means land within the UCD which has frontage on the following road segments: a) the south side of Levante Avenue; and b) the west side of San Amaro Drive, from Ponce de Leon Boulevard to Levante Avenue.

University campus serving use means a use or activity which because of its size, location and/or character is provided for the use and benefit of students, faculty, university employees and their guests and where use by or benefit to the general public is incidental and occasional.

University of Miami Campus means the land located within the inner boundaries of the rights-of-way of the Metro Rail line on the south, Granada Boulevard and Pisano Avenue on the east, Campo Sano Avenue and Miller Road on the north and Red Road, Levante Avenue and Hurricane Drive on the west and south.

University Village means an area within a university campus which is primarily used for upper class student housing and academic administration.

Unnecessary hardship means arduous restrictions upon the uses of a particular property which are unique and distinct from that of adjoining property owners in the same zoning district.

Urban open space means a ground-level area which is open to the sky predominantly paved with bricks, pavers or other similar material (not including concrete or asphalt) for pedestrian use and free of structures or buildings other than landscape features, fountains, benches, arcades and objects of art.

Usable open space meansoutdoor areas, except parking and other service areas, which are usable for outdoor living, recreation or landscaping, and which is open and unobstructed from the lowest level to the sky except for roof overhangs not in excess of two and one-half (2½) feet, pedestrian walks and ingress and egress drives. All open space shall be accessible to, and usable by, all residents residing in the building.

Utilities/infrastructurefacility means electric, gas, or stormwater management facilities, water or wastewater pumping station, telephone repeater station or similar structure used as an intermediary switching, boosting, distribution or transfer station or lines for electricity, cable television, or telephone services between the point of generation and the end user, but not including satellite dish antennas, facilities for the handling of solid waste, or radio, television, or relay towers.

Utility linesor service facilities means the distribution system for utilities and includes cables, conduits, pipes, wires, and conductors.

Utility substation means a part of a utility distribution system where electrical current is converted for use by structures through the use of transformers.

Vape shop means any business dedicated to the retail sale of vape-generating electronic devices and components, parts, andaccessories for vape-related products, such that twenty-five (25%) percent or more of the floor area dedicated for retail sales is occupied by the display of vapor-generating electronic devices and components, parts and accessories for vape-related products or that fifty-one percent (51%) or more the establishment’s total quarterly gross sales revenues is from the sale of vape-generated electronic devices and components, parts, and accessories for vape-related products. It shall be the responsibility of the retail establishment to maintain records open for inspection by the city to demonstrate compliance with this requirement.

Vapor-generating electronic device(s) means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product or any other substance, including but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of a nicotine in a solution or other form or any other substance intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.

Variance means a dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship (see also necessary hardship) by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by the terms of these regulations.

Vegetation required to be preserved by law meansportions of a site, including specimen trees, natural forest communities and native vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or in some other legally binding manner that are to be protected from any tree or under story removal or effective destruction and maintained without any development.

Vegetation survey meansa drawing provided at the same scale as the landscape plan which includes relevant information as required by these regulations.

Vehicle means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway or street, except devices moved by human power.

Vehicle, commercial means any vehicle designed, used or maintained, as a means of transportation on land of people, goods or things used in trade, services, or commerce in general. For the purposes of these regulations, buses, vans and other vehicles seating more than nine (9) persons used for transportation of people shall be considered commercial vehicles.

Vehicle, motor means every vehicle which is self-propelled.

Vehicle, recreational means any vehicle self-propelled or capable of being towed and primarily designed, constructed or converted to provide recreational uses, or to provide temporary living quarters for camping, or recreational travel. The following shall be included as recreational vehicles, but not to the exclusion of any other types not mentioned; trailers; trailer coaches; camping trailers; and full-tent trailers; motor homes; pickup (slide-in) camper and mini-motor homes. Any van designed for and containing seating for the transportation of not more than nine (9) persons and containing rear and side windows shall not be considered a recreational vehicle.

Vehicle sales/displays mean a business or commercial activity involving the display and/or sale or rental of automobiles, small trucks and vans and other small vehicular or transport mechanisms and including vehicle service.

Vehicle sales/displays, major means a business or commercial activity involving the display and/or sale or rental of boat and marine vessels, recreational vehicles, heavy equipment, mobile homes, and other vehicular or transport mechanisms and including vehicle service.

Vehicle service means an activity conducted entirely within an enclosed structure primarily involved in servicing or repairing of automobiles, motorcycles, trucks, boats, recreational vehicles and other similarly sized vehicular or transport mechanisms or heavy machinery. Vehicle services include washing, waxing, changing oil, tuning, installing mufflers or detailing, window tinting, shock absorbers, and painting.

Vehicle service, major means vehicle repairs which include engine repairs where the cylinder head, pan or exhaust manifold is removed; steam cleaning of engines; undercoating; vehicle spray painting; auto glass repair and replacement; repair and replacement of transmission, differential, transaxles, shaft and universal joints, wheel and steering linkages and assemblies; rebuilding and upholstering the interior vehicles; customizing, restoration or rebuilding of vehicles; chassis, frame, body, fender and bumper molding, straightening, replacement and finishing; and repairs involving extensive welding, racing of engines or lengthy or overnight idling of engines. (Excluded from definition of automobile service station)

Vehicular use area means a hard surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles.

Vertical parking lift is a two-level/two-deck automated parking lift device and supporting structure for the stacking of two (2) vehicles in a vertical position.

Veterinary office means a facility used by veterinarians to treat and examine animals, including accessory indoor boarding of animals, not including outdoor kennels or animal runs.

Vines mean plants which normally require support to reach mature form.

Wall means a structure or device forming a physical barrier made of materials permitted by this Code that closes, makes or borders a lot, yard or field.

Water body means a lake, pond, canal, river or bay.

Wetlands mean lands which are periodically covered or saturated with water during normal rainfall years as indicated by soils, topography and vegetation, not including artificial drainage ditches checked solely for the purpose of channeling stormwater.

Window, bay means a window built to project outward from an exterior wall and is covered by a roof. All bay windows must comply with setback requirements and any bay window with a floor area of more than ten (10) square feet shall count towards gross floor area.

Wholesale / distribution / warehouse facility means a use where goods are received and/or stored for delivery to the ultimate consumer at remote locations.

Wire fence means a fence whose principal material is wire, including chain link fences.

Yard means the open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front means the unoccupied area between the front property line and the main building, and extending across the full width of the lot.

Yard, rear means the unoccupied area extending across the full width of the lot between the main building and the rear line of the lot, except in the case of a side street.

Yard, interior side means the unoccupied area between the main building and the side line of the lot and extending from the required front yard to the required rear yard.

Yard, side street means the unoccupied area behind the front yard and between the main building and abutting street extending to the rear property line.

Zoning Code means the regulations adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter 163.3161, et seq., F.S.

Zoning Map, Official means the Official Zoning Map which shows the Zoning Districts as adopted by the City Commission pursuant to the procedures of these regulation

(Ord. No. 2023-12, 03/14/2023; Ord. No. 2023-13, 03/14/2023; Ord. No. 2023-36, 12/12/23; Ord. No. 24-8057, 12/10/24; Ord. No. 2025-01, 01/28/2025)