The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acre means an area of land containing 43,560 square feet within the property lines for a lot or parcel.

Density means the total number of dwelling units in a development or area divided by the total residential land area, exclusive of existing water bodies and public rights-of-way. This definition applies to the determination of density under the land use categories designated on the adopted Florida City Future Land Use Element and Map, land use categories on the applicable 2005 and 2015 Land Use Plan for Miami-Dade County (for annexed areas), and the zone districts contained in the Florida City Code of Ordinances. The land area and density determination specifications stated above may be waived for individual future development or redevelopment applications, in whole or in part, upon a specific finding by resolution of the city commission, based on recommendations from the planning and zoning board and the community development director, that said waiver request is consistent with, and furthers the purpose and intent of, the city's adopted comprehensive development master plan, and will serve to provide improved community planning, increased housing opportunities, and quality economic development for current and future city residents.

Home occupation means a business or occupation conducted for limited business activities and as an accessory use of a principal residential use. These business activities shall only involve the use of the home as a location for a business telephone, an address for business correspondence, or a storage place for business records. Manufacturing, assembly or construction which disturbs, disrupts, or adversely affects the residential character of the neighborhood shall not be permitted as a home occupation use.

Parking space means an area to park an automobile to be designed in accordance with section 62-356 and sections 33-122 through 33-132 in article VII of chapter 33, Metropolitan Dade County Code, entitled "Off-Street Parking."

Plat means a drawing of a subdivision of land prepared in conformance with the requirements of chapter 50 of this Code.

Right-of-way means the area of a street or way reserved for public use either by this chapter or official dedication. The setback of building lines specified herein shall be measured from the nearest edge of the right-of-way, sometimes indicated in this chapter by the short form "R/W."

Service station means a facility providing retail sales to automobiles and small trucks of fuel, lubricants and other vehicle service accessories. Vehicle repair and maintenance is prohibited. Provision of fuel and/or parking for semi-tractor-trailer trucks and heavy equipment is not permitted.

Structure means and includes buildings, boats, trailers, vehicles and anything not placed on premises by nature.

Zone means the areas of the city designated on the map labeled "Florida City Zoning Map."

(Ord. No. 87-8, 7-14-87; Ord. No. 90-09, arts. II, III, 11-27-90; Ord. No. 04-03, 10-26-04; Ord. No. 14-02, § 1, 4-8-14; Ord. No. 21-11, § 2, 10-12-21)

Cross reference— Definitions generally, § 1-2.

The purpose of this chapter is to regulate the use of land and other areas within the corporate limits of the city; to regulate and restrict the erection, alteration, location and use of buildings, structures, water and land for trade, industry, residence or other purposes; to limit the density of population; to establish width of streets and other rights-of-way; to guide the orderly growth of said city; to lessen congestion; to promote health, safety and general public welfare; to provide for the administration, enforcement and amendment of and appeal from said regulations; to conserve the value of real property and to encourage the most appropriate and convenient use of land in accordance with the adopted comprehensive development master plan and in the public interest.

(Ord. No. 90-09, art. I, 11-27-90)

Any person violating any provision, regulation or condition of this chapter or the codes adopted herein shall, upon conviction, be punished as provided for in section 1-14. Each day such violation continues after written notice thereof, unless application made as provided in section 62-51, shall constitute a separate offense.

(Ord. No. 73-176, § 1, 8-25-73)

(a)

Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items.

(b)

Exceptions. The following shall be exempted from the provision of subsection (a) above:

(1)

Vehicles which comply with the following criteria:

a.

The non-motorized vehicles must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

b.

Personnel directly employed by or volunteers for the not-for-profit organization must be present at the vehicles at least five days a week (except holidays) to accept donations;

c.

The monetary proceeds resulting from the sale of donations collected at a non-motorized vehicle must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Florida City or outside of Florida City to provide emergency relief for victims of natural, manmade or economic disasters;

d.

The operation of the non-motorized vehicles, the collection and distribution of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organization;

e.

The non-motorized vehicles shall be located on sites in accordance with the requirements of C-2 zoning provided further that said non-motorized vehicles shall operate in a safe manner, be neat in appearance, well-maintained, free of graffiti, fully painted and shall be buffered from adjacent properties by on-site landscaping, walls or similar screening; and

f.

For each non-motorized vehicle said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the building and zoning department in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions. Non-motorized vehicles which comply with the foregoing criteria are not required to be shown on-site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review.

(2)

Permanently placed donation collection bins which comply with the following criteria:

a.

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

b.

The donation collection bins shall be permanently affixed to the property and shall have been approved by the director of the building department as meeting the requirements for wind resistance established for Florida City;

c.

The donation collection bins shall be buffered from view from any location off of the property of said charity and shall not be closer than 75 feet from any property line. Each donation collection bin shall require a permit from the department prior to placement on the property. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of six feet. Donation collection bins must be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Said bins shall not be required to comply with the windborne debris impact standards of the Florida Building Code. Electrical connections to the bins shall be prohibited; and

d.

For each donation collection bin said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the director of the building department in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

(c)

Designation of enforcement officer. The code enforcement officer shall be responsible for the removal of illegal donation collection boxes after the required notification.

(d)

Notification. Whenever the code enforcement officer ascertains that an illegal donation collection bin is present on any property within Florida City, the officer shall cause a notice to be placed on such bin in substantially the following form:

NOTICE

This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within seventy-two (72) hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of Florida City.

Dated this: (setting forth the date, time of posting of the notice)

Signed: (setting forth name, with the address and telephone number of the code enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(e)

Removal of donation collection bin. If at the end of 72 hours after posting of such notice, the donation collection bin has not been removed from the property, the code enforcement officer shall cause the bin to be removed.

(f)

Assistance of Florida City Police Department. If the code enforcement officer is unable to successfully remove a donation collection bin subject to seizure under this section, the code enforcement officer or his designated representatives may secure the assistance of the Florida City Police Department to effect the removal of said bin.

(g)

Obstructing a code enforcement officer in the performance of duties. Whoever opposes, obstructs or resists the code enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(h)

Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in subsection (d) above, it shall be destroyed by order of Florida City. The contents of the bin may be destroyed or donated to charity.

(i)

Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The code enforcement officer may institute a suit to recover such expenses against the bin owner.

(j)

Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the property on which the bin is maintained shall be responsible for compliance with this chapter.

(Ord. No. 12-06, 12-11-12)