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:

Accessory building means a subordinate building, or a portion of the main building, or a building on an adjacent lot, all under the same ownership, the use of which building is clearly incidental to the use of the main building.

Accessory uses means uses customarily incident to the principal use as permitted, but not including any commercial activity.

Addition means new construction which provides for increased facilities or increased floor area to an existing structure.

Alley means any roadway, place or public way dedicated to public use and 20 feet or less in width, unless otherwise officially designated as a street.

Alter or alteration means any change, addition or modification in construction or occupancy.

Apartment means a room or suite of rooms within a residential structure arranged, intended or designed to be used as a home or residence of an individual or one family or a household with kitchen facilities for the exclusive use of the individual, family or household.

Apartment building means any building or part thereof, where separate accommodations for more than two families living independently of each other are supplied to transient or permanent guests or tenants.

Apartment hotel means any public lodging establishment that otherwise meets the definition of a hotel, but which also has units with kitchen equipment and housekeeping facilities.

Area may indicate and include the meaning of the term "zone."

Automobile showroom means a building or premises where new cars are prominently displayed and offered for sale by an authorized agent.

Banquet hall or dancehall for hire means an establishment which rents space, providing tables, chairs, decor, sound systems and other services for clubs, associations or individuals, for the purpose of having a banquet, meeting, party, celebration, wedding, birthday, ball, anniversary or other such activity.

Bar means an establishment for the consumption of alcoholic beverages on the premises, where no live entertainment or dancing is permitted.

Block means that portion in length of any street which lies between two intersecting streets.

Building means anything constructed or erected, the use of which demands a permanent location on or in the land; or anything attached to something having a permanent location on or in the land. The term "building" includes the term "structure."

Building line means the building line of any lot which shall be the front line on which any building or structure may be erected or established.

Club, private pertains to and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit. Private clubs shall not include casinos, nightclubs or other institutions operated as a business.

Designed for includes the meaning "used for."

Discotheque means an establishment where food and/or beverages may be consumed on the premises and where music is provided by live, mechanical, or electronic means in order to permit dancing by patrons or customers.

District may indicate and include the meaning of the term "zone."

Drive-in restaurants means refreshment places where space is provided or allowance is made for automobiles to congregate for the purpose of serving the occupants with refreshments or food, and it shall have five times as much space for parking as there is ground space within the building.

Dry cleaning means the process of removing dirt, grease, paints and other stains from wearing apparel, textiles, fabrics, rugs and related materials.

Duplex means a dwelling designed for and occupied by a maximum of two families.

Dwelling or residence, duplex means a residence dwelling designed for or used as the separate homes or residences of two separate and distinct families. Each individual unit in the duplex shall comply with the definition for a one-family dwelling.

Dwelling or residence, one-family means a private residence building used or intended to be used as a home or residence in which all habitable rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters and all appliances for sanitation, cooking, ventilating, heating or lighting are designed for the use of one family only.

Dwelling, two-family means a dwelling designed for and occupied by a maximum of two families.

Entertainment means artistic performance by live actors, singers, musicians or any other performer; or a mechanical or electronic audio or visual presentation provided for the enhancement of the ambience or for the enjoyment of customers or patrons in a restaurant or lounge; an attraction in a nightclub or cabaret; or to provide music for dancing at nightclubs or discotheques.

Existing building means a building already erected or one for which a legal permit has been issued prior to the effective date of the ordinance from which this chapter derives.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit.

Garage means a building in which automobiles, trucks or other automotive equipment is sheltered, stored or repaired.

Garage, private means a garage in which the garage owner's automotive equipment is stored, and not to be used for living quarters in a single-family residence zone, also and in which no business service or industry connected directly or indirectly is carried on.

Garage, public means a garage in which automotive equipment is stored, mechanically repaired, rebuilt or reconstructed for profit.

Gasoline and oil filling station means a structure or place where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade, but no mechanical service shall be performed, without first erecting a block building enclosing all repairs or block wall enclosing and surrounding all storage of at least eight feet in height.

Guesthouse means a building in the rear yard area of a residence that is not occupied yearround, but that is used as a temporary residence only. The guesthouse shall comply with the requirements for accessory buildings, except that a bathroom may be provided. Only nonpaying and personal guests of the occupant or owner of the principal residence shall occupy the guesthouse. The owner shall not occupy the guesthouse and rent the principal residence at the same time. The same guest is not permitted to occupy the guesthouse throughout the year.

Hedge means a self-supporting woody evergreen species planted to form a continuous visual screen; or a self-supporting woody perennial planted in a manner to form a continuous visual screen.

Hospital or sanitarium means a building in which sick, injured or infirm persons are housed or intended to be housed, except that this definition shall not apply to rooms in private dwellings not intended to be ordinarily occupied by sick, injured, demented or infirm persons.

Hotel means a building occupied as an abiding place of individuals who are lodged with or without meals and in which there are ten or more sleeping rooms.

Inflammable matter means any matter which is combustible or explosive. Any liquid which, under operating conditions, gives off vapor which, when mixed with air, is combustible and explosive.

Junk or rag storage means and includes the collection, storage and/or placing of any other materials including the collection, storage and placing of the following classes of materials: used parts of machinery; used bottles; newspapers; magazines and other paper; used furniture; used plumbing fixtures; used steel, copper, zinc, bronze, lead, and/or other used building materials; and used cloth or clothing.

Lot means a parcel of land occupied or designated to be occupied by a building and its accessory buildings, including such open space as may be required under this chapter. A lot may or may not be the land shown as a lot on a duly recorded plat. A corner lot is a lot abutting on two or more streets at their intersection.

Lot depth means the depth of the lot, which is the distance measured in the main direction of the sidelines of the lot from the center point of the front or street lot line to the center point of the opposite main rear line of the lot.

Lot width means the width of a lot, which is the average width from one side of a lot to the other.

Lounge means:

(1)

An area or portion of a business, such as a hotel or restaurant, where alcoholic beverages are consumed on the premises; and where

(2)

Background music or live entertainment may be provided by no more than three performers or musicians performing simultaneously; and where

(3)

The hours of operation coincide with those of the main place of business.

Mobile structure means a structure on wheels, rollers or skids and not structurally anchored to a foundation.

Nightclub or cabaret means a place of business located within any building established and operated for the sale of alcoholic beverages to be consumed on the premises, and which in addition shall have or do any of the following:

(1)

Employ or permit more than three live entertainers, performers, or musicians to perform simultaneously.

(2)

Remain open for business between the hours of 3:00 a.m. and 5:00 a.m.

Nonconforming use means a use which does not comply with the regulations of the use district in which it is situated.

Porte cochere means a structure attached to a building and erected over a driveway to a building entrance, not exceeding one story in height, and open on two or more sides.

Residential use means a residence or dwelling in a residentially zoned district or a residence or dwelling occupied in a manner consistent with and corresponding to the permitted uses in a residentially zoned district. This term defines residential uses as contained in the distance separation requirements in section 6-66 and as elsewhere provided.

Roominghouse means a residential building where sleeping or housekeeping accommodations are furnished or provided for pay with three or more but no more than ten rooms for lodgers and wherein no dining facilities are maintained for the lodger.

Screen enclosure means a frame erected of metal or wood, spaced and constructed in accordance with the South Florida Building Code, as from time to time amended, which framing and overhead supports are only covered with insect screening of metal, fiberglass or other approved insect screening material when such screening possesses at least 50 percent open area per square inch, provided that such framing and overhead supports are solely for the purpose of supporting such screening and shall not have the effect or appearance of a roof or a wall, building siding or louvered structure.

Setback means the distance between the lot line and the nearest exterior wall surface of a structure or any projection thereof, including balconies and stairways, but excluding steps and terraces to the first floor and ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of such projections shall project into the minimum setback area more than 24 inches.

Setback, front means the front yard setback, which is the distance from the front lot line to the nearest portion of the structure, as defined in the term "setback."

Setback, rear means the rear yard setback, which is the distance from the rear lot line to the nearest portion of the structure as defined in the term "setback."

Setback, side means the side yard setback, which is the distance from the side lot lines to the nearest portion of the structure as defined in the term "setback."

Structure includes the term "building."

Structural alteration means any change or replacement of the structural members of a building, including but not limited to bearing walls, column beams or girders, but where no additional facilities of floor space are added thereto.

Tent means any structure or enclosure, the roof and/or one-half or more of the sides which are of silk, cotton, canvas, fabric, cloth or similar material.

Trailer park means an area designated for the occupancy of house trailers occupied for residential purposes.

Yard means an open space in the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. A front yard extends the full width of the lot between the street line and the front line of the building as projected. A rear yard extends the full width of the lot between the rear lot line and the rear line of the building as projected. A side yard is situated at the side of the building as projected between the front and rear yards or, if no front yard exists, between the street line and rear yard.

(Ord. No. 771, § 2, 1-26-1954; Ord. No. 788, §§ I, II, 5-25-1954; Code 1960, § 32-6; Ord. No. 2354, § 1, 7-14-1970; Ord. No. 2670, §§ 1—4, 11-14-1972; Ord. No. 78-72, § 1, 7-25-1978; Ord. No. 89-113, §§ 4—6, 10-10-1989; Ord. No. 94-114, § 3, 12-13-1994; Ord. No. 98-83, § 1, 8-11-1998; Ord. No. 99-71, § 2(32-6), 5-25-1999)

Cross reference— Definitions generally, § 1-2.

In order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of buildings and encourage the most appropriate use of land within the corporate area, all in accordance with a comprehensive plan, there is adopted and established an official zoning plan for the city.

(Ord. No. 771, § 1, 1-26-1954; Code 1960, § 32-1)

The existing county zoning designations shall correspond and be equal to the city zoning designations as follows:

(Code 1960, § 32-5.1; Ord. No. 1341, § 1, 2-28-1961; Ord. No. 78-98, § 1, 10-10-1978)

In interpreting and applying the sections of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the sections of this chapter shall control. If, because of error or omission in the zoning map or prior zoning ordinances, any property in the city is not shown as being in a zoning district, the classification of such property shall be U unclassified.

(Ord. No. 771, § 19, 1-26-1954; Code 1960, § 32-27)

The zoning and land use provisions of the Charter are incorporated into this chapter.

(Ord. No. 771, § 20, 1-26-1954; Code 1960, § 32-28)

Charter reference— Zoning provisions of Charter, § 4.07(a).

(a)

The building official and zoning director shall enforce this chapter.

(b)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this chapter or other zoning regulations and orders shall be fined not more than $500.00 in the discretion of the court or administrative tribunal. Each day that a violation is permitted to exist shall constitute a separate offense.

(c)

The city shall have the power to institute any appropriate action or proceeding in court to prevent the violation of this chapter or other zoning or development regulations by way of injunction, abatement, correction or restraint. This remedy is cumulative and supplemental to those remedies provided in this section.

(Ord. No. 771, § 21, 1-26-1954; Code 1960, § 32-29; Ord. No. 778, § XXVIII, 5-25-1954; Ord. No. 94-15, § 1, 2-22-1994; Ord. No. 99-42, § 9, 2-23-1999)

(a)

Governmental facilities. The City of Hialeah and its agencies and authorities shall not be bound by the procedures contained in this chapter in constructing or operating any governmental facility without regard to the zoning or use classification of any particular site or location, including but not limited to: public parks, playgrounds and buildings, and structures supplementary and incidental to such uses, fire stations, police stations, public water and sewer treatment and distribution facilities, public libraries, public buildings and centers, public auditoriums, arenas, museums, art galleries and convention halls, solid-waste collection and disposal facilities, public maintenance and equipment yards, motor vehicle or transit stations and facilities, and other governmental facility uses as determined by the city.

(b)

Notice and public hearing required. The city may only authorize the construction or operation of the governmental facilities as provided in paragraph (a) above by resolution following public hearing upon notice as follows:

(1)

The public hearing shall be held upon at least ten days' notice of the time and place of such hearing published in a newspaper of general circulation in the city; and

(2)

A courtesy notice containing general information as to the date, time, and place of the hearing, the property location and general nature of the application may be mailed to the property owners of record, within a radius of 500 feet of the property proposed for the construction or operation of a governmental facility; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder; and

(3)

To provide additional notice to the public, the property shall be posted by a sign or signs indicating the action desired and the time and place of the public hearing thereon. Failure to post such property shall not affect any action taken hereunder; and

(4)

At the public hearing the city shall consider, among other factors, the type of function involved, the public need therefor, the existing land use pattern in the area, alternative locations for the facility and the nature of the impact of the facility on the surrounding property. After considering these said factors, the city shall take such action as is necessary to provide for and protect the public health, safety and welfare of the citizens and residents.

(Ord. No. 2021-040, § 1, 4-27-2021)