- DEFINITIONS5
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:
Abut: To physically touch, or having property or district lines in common.
Access: A way of approaching or entering a property from either a public street or private way.
Accessory structure: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and subordinate to that of the principal structure. Where there is no principal structure on the lot, the accessory structure shall be considered as a principal structure for the purpose of the height, area and bulk regulations.
Accessory use: A use incidental to, and on the same lot as, a principal one.
Addition: Any construction or alteration which increases the size of a building.
Adult living facility: Pursuant to F.S. ch. 400, "Nursing Homes and Related Health Care Facilities", a state licensed residential facility for four or more persons, within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.
Alley: A through public right-of-way of less than 25 feet in width that offers only secondary access to abutting properties.
Alteration, structural: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders. The superficial enhancement of the exterior of an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration (see Florida Building Code).
Amusement arcade: A building or a part of a building in which five or more pinball machines, video games, or other similar player operated amusement devices are maintained.
Antenna: A transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communication 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 and satellite earth stations.
Automobile wrecking yard (see also junkyard): An area where the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts takes place.
Banner sign: A sign having letter, characters or illustrations applied to cloth, plastics, paper or fabric of any kind with only such material for backing. This definition includes flag banners, sail banners, teardrop banners or feather banners, pennants and streamers.
Basement: A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be termed a cellar when more than one-half of its height is below the average adjoining grade. A basement or cellar shall be counted as a story if vertical distance from the average adjoining grade to the ceiling is over five feet.
Bedroom: Any room used principally for sleeping purposes, an all-purpose room, a study, or a den, provided that no room has less than 100 square feet of floor area.
Billboard means an off-site large outdoor structure that is predominately a sign in which the message or advertisement comprises an activity or business that is not operating or being conducted on the property in which the billboard is located. The words "billboard" and "sign" as used in this section are interchangeable since the regulations concern only billboards.
Borrow pit: Any place or premises where dirt, soil, sand, a gravel, or other material is removed below the grade of surrounding land for any purpose other than as necessary and incidental to site grading or building construction.
Buffer area (see also screening): A landscaped area or green space intended to separate two adjacent land uses or properties from one another.
Camouflaged facility (stealth facility): A facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a personal wireless services facility. A camouflaged facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.).
Child day care center: Any facility where care, protection, and supervision for a minimum of six children are regularly provided, for a fee or grant and as further enumerated in F.S. § 402.302(2).
Child day care family home: An occupied residence where care, protection, and supervision for a maximum of five children are regularly provided, for a fee or grant and as further enumerated in F.S. § 402.302(7) and Miami-Dade County Chapter 33, Zoning, Article XA "Educational and Child Care Facilities, Nonpublic".
Club, private: Buildings, facilities or premises used or operated by an organization or association for some common purpose, such as, but not limited to, a fraternal, social, educational or recreational purpose. In addition, the main purpose shall not be for serving alcoholic beverages to its members and others.
Cluster development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
Collocated personal wireless service facility or collocated: The placement of a new personal wireless service facility on an existing tower, existing building or other single support structure.
Common recreational facility: Recreational structures or areas in a particular development such as: community buildings; pools; cabanas; tennis, basketball or racquetball courts; solariums and play lots for the use and enjoyment of the residents and guests.
Communication tower: A mono pole, self-supporting/lattice tower or guyed tower, constructed as a free-standing structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures and satellite earth stations.
Condominium: That form of ownership of real property created pursuant to F.S. ch. 718, comprising entirely of units that may be owned by one or more persons and in which there is appurtenant to each unit an individual share in the common elements.
Convenience store: Any neighborhood retail establishment offering for sale prepackaged food products, household items, and other goods and having a gross floor area of less than 5,000 square feet.
Cul-de-sac: A local dead-end street, one end of which is closed and consists of a circular or T turnaround.
Development: Generally consists of changes in land use or intensity; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill, or land disturbance; any use or extension of the use of land and that which is further defined in F.S. § 380.04.
Development order: The granting, denying or granting with conditions any application for a building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action having the effect of permitting the development of land.
Digital billboard means a billboard that allows advertisements to rotate in succession electronically with LED or other technology.
Drive-thru facility: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
Dwelling: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping, but not including hotels, motels, mobile homes, boardinghouses and lodginghouses.
Dwelling, multifamily: A building or portion thereof used for occupancy of three or more families living independently of each other and containing three or more dwellings, including, but not limited to, what is commonly known as an apartment building.
Dwelling, single-family attached (group, row, duplex, and townhouses): One or more dwellings having a common or party wall.
Dwelling, single-family detached: A dwelling entirely surrounded by open space.
Easement: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
Embellishments means a physical or structural extension to the billboard that enhances, emphasizes or directs attention to the sign message.
Entrance features: Any combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development.
Essential service: 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.
Facade: The exterior wall of a building exposed to public.
Family: One or more persons living together as a single housekeeping unit. No more than four unrelated persons shall be allowed to live within a single dwelling.
Fence: A barrier used to enclose a property as a means of protection or confinement.
Final plat: The final tracing, map or drawing or chart on which the subdivider's plan of subdivision is presented to the governing body for approval, and which, if approved, will be submitted to the clerk of the circuit court for recording.
Floor area, gross: The sum of the horizontal areas of all floors of a building, including areas used for human occupancy in basements and attics, as measured from the exterior faces of the walls. Such area does not include basements, unenclosed porches, or attics not used for human occupancy.
Floor area ratio (FAR): A measurement of development intensity determined by dividing the floor area of the building or buildings an any lot by the net area of the lot.
Footprint: The outline or shape of a building or structure as determined on a horizontal plane.
Frontage: The length of any one property line of a site, which property line abuts a legally accessible street right-of-way.
Garage, private: A structure for the private use of the owner or occupant of a principal structure situated on the same lot for the storage of motor vehicles.
Garage, public: A structure designed and used for the storage of motor vehicles.
Garage, repair (see also service station): A building designed and used for the storage, care, repair, or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint, and body work.
Grade means crown or highest elevation of the adjacent road (including elevation for a highway or highway extension, flyover, or overpass).
Guesthouse: Living quarters within a detached or semidetached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.
Guyed tower: A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
Height of building: The vertical distance from grade to the parapet or roof ridge.
Helistop, unlimited use: Any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo, but with no fueling, refueling, or service facilities.
Home occupation: An occupation, activity, or use which is located in a home office that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
House of worship: A tax-exempt institution that people regularly attend to participate in or hold religious services and meetings.
Impervious area: That portion of a building site measured in square feet which is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, terraces, porches, sidewalks, driveways, parking areas, swimming pools and athletic courts.
Junkyard: A parcel of land on which waste material, such as furniture, lumber, metal, glass or other materials, inoperative vehicles and other machinery are collected, stored, salvaged, or sold.
Kennel: An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling animals is conducted as a business.
Lattice tower: A self-supporting communication tower, other than a monopole tower, that is constructed without guy wires and ground anchors.
Laundry or dry cleaner: A business that provides washing, drying, dry cleaning and/or ironing services.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.
Lot area: The area of land, measured in square feet, within a lot.
Lot, corner: A lot abutting the intersection of two or more streets.
Lot coverage, building: Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
Lot depth: The mean horizontal distance between the front and rear lot lines.
Lot frontage: The distance for which the front lot line and the street right-of-way line are coincident.
Lot line, front: The front of a lot shall be construed to be that portion abutting the street. For corner lots, the lot front shall be the narrowest portion of the lot abutting any street, unless determined otherwise by the zoning department.
Lot line, rear: The rear property line of a lot is that lot line opposite to the front property line, unless otherwise determined by the zoning department.
Lot line, side: Any lot line which is not a front or rear lot line.
Lot width: The horizontal distance between side lot lines, measured at the required front setback line.
Manufactured housing: A factory-built, single-family structure that is manufactured under the authority of 42 USC section 5401, the National Manufactured Home Construction and Safety Standards Act.
Mechanical billboard means a billboard that utilizes tri-action movement to allow rotation of three advertisements.
Microwave dish antenna: A dish-like antenna used to link communication sites together by wireless transmission of voice or data.
Mobile billboard means a billboard that includes a sign, installed on or attached to a vehicle, or connected to a vehicle as a trailer, that is capable of transport. Mobile billboards are prohibited.
Mobile home: A transportable, factory-built home designed to be used as a year round residential dwelling. Also reference Section 19A-1 of the Code of Miami-Dade County.
Mobile home park: A parcel of land that has been planned and improved for the placement of mobile homes for dwelling purposes.
Monopole tower: A free standing communication tower consisting of a single pole or spire supported by a permanent foundation, construction without anchored guy wires.
Nightclub: A commercial establishment such as a bar, restaurant, coffeehouse, or similar establishment where alcoholic beverages may be dispensed for consumption on the premises and in which dancing and live performances are permitted.
Nonconforming lot: A lot not in full compliance with the land use district in which it is situated but which lawfully existed prior to the adoption, revision, or amendment of this chapter.
Nonconforming use: A lawful use of land that does not comply with the use regulations for its land use district but which did so at the time the use was established.
Nonconforming development: Development that does not conform to this chapter or other applicable chapters of the city code.
Open space, common: Areas within or related to a development-which is designed and intended for the common use or enjoyment of the residents of a development.
Parcel: A lot or tract of land owned and recorded as the property of, the same person or persons or controlled by a single entity.
Park: Any public or private land available for recreational, educational, cultural, or aesthetic use.
Parking space or stall: An area on a lot and/or within a building intended for parking of a personal vehicle.
Performance guarantee: A financial guarantee (letter of credit or bond) to ensure that all improvements, facilities, or work required will be completed in compliance with the ordinances, regulations, plans, permits and specifications of a development.
Permittee means the entity that submits an application to the voluntary pilot billboard corridor program and is the owner or operator of a proposed billboard.
Personal wireless services: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Personal wireless services shall not be considered as essential services, public utilities or private utilities.
Planned unit development (PUD): Land under unified control to be planned and developed as a whole or in phases. A PUD includes structures and uses substantially related to the character and purpose of the planned development and is built according to general and detailed plans. A PUD includes a program for the operation and maintenance of such areas, facilities, and improvements as will be for the common use by some or all of the occupants of the PUD zoning district, but which will not be provided, operated, or maintained at general public expense.
Plat: See final or tentative plat definitions.
Property means the land upon which a proposed billboard will be established.
Property owner means the entity which owns the property on which a proposed billboard will be established.
Public service/utility uses: Those which provide essential or important public services such as: emergency dispatch centers for fire, police and rescue; broadcasting stations; utility facilities such as water or wastewater plants, electricity substations, maintenance facilities for schools or telephone companies.
Restaurant: A food and/or beverage establishment that prepares food on the premises for consumption either on or off the premises. Bars or lounge areas are considered an incidental use to the restaurant.
Restaurant, drive-thru: A food and/or beverage establishment that has a dedicated drive-thru lane for customers in motor vehicles.
Right-of-way: A strip of land occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other utilities.
Road, private: A way open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties not abutting public right-of-way.
Satellite dish antenna (see also antenna and tower; see also section 78-91, for residential use): A round, parabolic antenna intended to receive signals from orbiting satellites and other sources.
Screening: The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
Self-service storage facility (mini-warehouse): An enclosed building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.
Service station: Any premises where gasoline and other petroleum products are sold and/or limited light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted.
Setback: The required minimum horizontal distance between the front, rear or side lines of a lot and the front, rear and side lines of a building, or any building element at any level or, in the case of open structures, to the face of the structural columns; however, that none of such projections of the open structures shall project into the minimum setback area more than 24 inches.
Shopping center: A grouping of retail business and service uses on a single site with common parking facilities.
Sidewalk cafe: An area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking, and pedestrian circulation.
Sign: Any device or representation for visual communication that is used for the purpose of bringing the subject matter to the attention of the public. Signs include, but are not limited to, figures, letters, logos, devices, flags, pennants, emblems, and pictures.
Address sign: An attached sign indicating the address of the structure, dwelling unit, or business to which it is attached. It may be in the form of an awning sign.
Attached sign: A sign painted on or attached to and supported by a building or other structure.
Awning or canopy sign: A sign painted, stamped, perforated, stitched, or otherwise applied on the valance or surface of an awning. An illuminated architectural canopy sign (backlit awning) is an enclosed, illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the message integrated into its face.
Billboard: A sign that directs attention to a commercial business, commodity, service, product, or activity not conducted, sold, offered, or available on the premises where such sign is located, the copy (face) of which may be intended to be changed periodically. A billboard is the principal use of the property on which it is located. It includes a sign displayed on a trailer or the bed of a truck that advertises something other than the identity of the truck, the driver or its contents.
City public information sign: A sign erected by the City of Hialeah Gardens for the purpose of providing noncommercial public information and announcements of city-sponsored meetings, events, and activities to the community. Said sign may be permanent or temporary in nature and is exempted from the requirements of this article.
Community information sign: A sign, located on and relating to, an activity on or near the premises upon which the sign is located. Examples include: "Children at Play," "Crime Watch Area," "Drug Free School Zone," and "Adopt a Highway."
Directional sign: A sign relating to navigation on the property on which it is located, such as "Entrance," "Exit," "Parking," "Drive-thru," "Loading," or that identifies the name of a place or location on the property on which it is located with a directional symbol.
Electronic message board: Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified electronically.
Face of sign: That part of the sign that is or can be used to identify, advertise, and communicate information or for visual representation, which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color, and internal or external illumination used that differentiate the sign from the building, structure, backdrop surface or object upon or against which the sign is placed.
Flashing sign: Any sign which, by method or manner of illumination, flashes on or off, blinks with varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of being on or off.
Freestanding sign: A self-supported structure not attached to any building or structure.
Grand opening sign: A temporary sign that is used to denote the fact that a new business or residential development is present.
Hazardous sign: A sign that approximates a traffic sign and is not placed for a legitimate public safety reason, or includes words such as, "Stop," "Danger," "Caution," "Look," or similar words or obscures a traffic sign or a directional sign.
Illegal sign: A sign erected in violation of any ordinances in effect at the time of the sign's installation.
Illuminated sign: A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source, including indirect lighting, incandescent lights, neon gas and back-lighting.
Logo: An item of information or graphic used to signify an organization, corporation or the like.
Marquee sign: An attached sign that is customarily used by theaters to advertise show times.
Monument sign: A freestanding, self-supported structure not attached or affixed in any way to a building or any other primary structure, with concealed means of support that is built into the ground and could not be construed to be a pole sign.
Nonconforming sign, illegal: A sign located within the city on the effective date of this chapter or existing in an area annexed by the city after the effective date of this article (or amendments hereto), which by its height, type, area, design, colors, materials, location, use, or structural support, did not conform to the city's sign regulations, or the date of amendments hereto (or Miami-Dade County's regulations if in an area that was annexed by the city) and does not conform to the requirements of this article.
Nonconforming sign, legal: A sign located within the city limits on the effective date of this article or existing in an area annexed by the city after the effective date of this article (or amendments hereto) which, by its height, type, area, design, colors, materials, location, use, or structural support, conformed to the city's sign regulations that were in effect prior to the effective date of this article, or the date of amendments hereto, but does not conform to the requirements of this article. This shall include signs that had been granted variances that were approved, and signs that were issued a permit by the city (or Miami-Dade County if in an area that was annexed by the city), or the date of amendments hereto.
Pole sign: A sign erected upon a pole, poles, post, or "pole-like" structure that are visible and wholly independent of any building or structure for support.
Political sign: A sign that indicates the name, cause or affiliation of anyone seeking public office, or that indicates any political issue.
Portable sign: Any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle, that is used for the express purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.
Projecting sign: Any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including a marquee sign.
Real estate sign: A temporary sign erected by the owner or his agent, indicating that the property on which it is located or existing structures on that property are for sale, rent, or lease. This shall include signs that indicate that a property for sale or is available for inspection, such as signs containing the words "open house."
Roof sign: Any sign erected upon, against, or directly above a roof or roof eave, or on the top or above the parapet, or on a functional architectural appendage above the roof or roof eave.
Street sign: A sign that specifies the name of a street that is placed adjacent to such street.
Temporary sign: A sign intended for use for only a limited period of time.
Traffic sign: A sign that specifies vehicular and traffic information, rules or regulations and is placed for a legitimate public safety reason.
Wall sign: A sign painted on the outside of a building, or attached to and erected parallel to the face of a building, and supported throughout its length by such building.
Warning sign: A sign whose purpose is to notify the public of a possible danger or policy that affects a property or to provide instructions at active construction sites, such as "Beware of Dog," "No Trespassing," "Men at Work," "No Parking," "Customer Parking Only," and "Caution."
Window sign: An attached sign located on the inside of a window or within a building or other enclosed structure, where the sign face is visible and legible from the exterior through a window or other opening. A window sign may be one or all of the following:
(1)
Identification sign: A sign attached to or painted on an establishment window identifying the occupant and its address and telephone number.
(2)
Message sign: A sign containing a message.
(3)
Hours of operation sign: A sign stating hours and days of operation.
(4)
Advertising sign.
Yard sale sign: A temporary sign erected by the owner of the property or authorized agent of such owner that indicates that tangible goods are for sale at a certain time on the property on which it is located.
Sign area: The entire area within a continuous perimeter, enclosing the extreme limits of a sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of such letters or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be constructed so that the perimeter of both faces coincide and are not more than 24 inches apart.
Sign face means the sign surface where the advertisement or message is exhibited.
Site: A parcel of land which is to be developed as a single unit, subdivision, or project.
Site plan: A document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements, landscaping and open space and the interrelationship of these elements.
Special exception use: A use not permitted by right but may provide for an individual or community serving need and which, subject to conditions, would not impact the integrity of the zoning district.
Special taxing district: Districts which may be created and established in the city, under the provisions of Chapter 18, Improvement and Special-Purpose Districts, Article I, Special Taxing Districts, of the Code of Miami-Dade County for the purpose of acquiring, constructing, reconstructing and installing any of the following public improvements or of providing any of the following special services within such districts:
(1)
Water systems;
(2)
Sewerage systems;
(3)
Storm sewers;
(4)
Street improvements;
(5)
Sidewalk improvements;
(6)
Police and fire protection;
(7)
Recreation facilities;
(8)
Street lighting;
(9)
Incinerators;
(10)
Beach erosion control; and
(11)
Such other facilities or services which may be deemed essential by the board.
Stable: A building or land where animals are kept for remuneration, hire, sale, boarding, riding, or show.
Stable, private: An accessory structure to an existing residential use that shelters animals for the exclusive use of the occupants of the premises.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over five feet above the average level of the finished ground surface adjoining the exterior walls of such building, or if it is occupied for business or dwelling purposes.
Street: A public or private right-of-way used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform.
Subdivision: The division of any tract or parcel of land.
Swale is the area within the public right-of-way exclusive of the paved public sidewalk and the paved roadway, curb and gutter, if any.
Temporary outdoor event: A concert, festival, carnival, race, triathlon, walk, show, sales event, exhibition, promotion or similar event in which the majority of the activities associated with the event are conducted out of doors.
Tentative plat: A preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval. Said preliminary map, drawing or chart shall not be considered a boundary survey as defined in Chapter 21HH-6 of the Florida Administrative Code, as same may be amended from time to time. It shall be considered a specific purpose survey as defined in said Chapter 21HH-6; said specific purpose being for subdivision design, therefore conceptual in nature, and subject to change prior to the boundary survey being made for which a plat of record is being filed.
Tower (see also antenna and satellite dish antenna): A structure or antenna situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.
Traditional billboard means a large outdoor structure that is predominately a sign where the advertisement does not rotate, but is stationary.
Two-family (duplex) dwelling unit: Attached single-family dwelling units whereby two units have a common wall.
Variance: A relaxation of the technical regulations of this chapter where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
Warehouse: A building whose permitted use is for the storage, distribution, large-scale purchase or shipping of goods and incidental uses. This definition shall include membership warehouses.
Whip antenna: As used herein shall mean a cylindrical antenna that transmits signals in 360 degrees.
Yard: Any open space other than a court located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in these land use regulations. The minimum depth or width of a yard shall be measured by the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
Yard, front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. Front yard depth shall be measured at right angles to the front line of the lot.
Yard, rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.
Yard, side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.
Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
(Ord. of 9-25-06; Ord. No. 2008-15, § 2, 12-16-08; Ord. No. 2009-07, § 1, 8-18-09; Ord. No. 2014-01, § 1, 2-18-14; Ord. No. 2015-06, § 1(4), 8-4-15; Ord. No. 2017-02, § 2, 2-21-17)
Cross reference— Definitions generally, § 1-2.
- DEFINITIONS5
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:
Abut: To physically touch, or having property or district lines in common.
Access: A way of approaching or entering a property from either a public street or private way.
Accessory structure: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and subordinate to that of the principal structure. Where there is no principal structure on the lot, the accessory structure shall be considered as a principal structure for the purpose of the height, area and bulk regulations.
Accessory use: A use incidental to, and on the same lot as, a principal one.
Addition: Any construction or alteration which increases the size of a building.
Adult living facility: Pursuant to F.S. ch. 400, "Nursing Homes and Related Health Care Facilities", a state licensed residential facility for four or more persons, within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.
Alley: A through public right-of-way of less than 25 feet in width that offers only secondary access to abutting properties.
Alteration, structural: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders. The superficial enhancement of the exterior of an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration (see Florida Building Code).
Amusement arcade: A building or a part of a building in which five or more pinball machines, video games, or other similar player operated amusement devices are maintained.
Antenna: A transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communication 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 and satellite earth stations.
Automobile wrecking yard (see also junkyard): An area where the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts takes place.
Banner sign: A sign having letter, characters or illustrations applied to cloth, plastics, paper or fabric of any kind with only such material for backing. This definition includes flag banners, sail banners, teardrop banners or feather banners, pennants and streamers.
Basement: A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be termed a cellar when more than one-half of its height is below the average adjoining grade. A basement or cellar shall be counted as a story if vertical distance from the average adjoining grade to the ceiling is over five feet.
Bedroom: Any room used principally for sleeping purposes, an all-purpose room, a study, or a den, provided that no room has less than 100 square feet of floor area.
Billboard means an off-site large outdoor structure that is predominately a sign in which the message or advertisement comprises an activity or business that is not operating or being conducted on the property in which the billboard is located. The words "billboard" and "sign" as used in this section are interchangeable since the regulations concern only billboards.
Borrow pit: Any place or premises where dirt, soil, sand, a gravel, or other material is removed below the grade of surrounding land for any purpose other than as necessary and incidental to site grading or building construction.
Buffer area (see also screening): A landscaped area or green space intended to separate two adjacent land uses or properties from one another.
Camouflaged facility (stealth facility): A facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a personal wireless services facility. A camouflaged facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.).
Child day care center: Any facility where care, protection, and supervision for a minimum of six children are regularly provided, for a fee or grant and as further enumerated in F.S. § 402.302(2).
Child day care family home: An occupied residence where care, protection, and supervision for a maximum of five children are regularly provided, for a fee or grant and as further enumerated in F.S. § 402.302(7) and Miami-Dade County Chapter 33, Zoning, Article XA "Educational and Child Care Facilities, Nonpublic".
Club, private: Buildings, facilities or premises used or operated by an organization or association for some common purpose, such as, but not limited to, a fraternal, social, educational or recreational purpose. In addition, the main purpose shall not be for serving alcoholic beverages to its members and others.
Cluster development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
Collocated personal wireless service facility or collocated: The placement of a new personal wireless service facility on an existing tower, existing building or other single support structure.
Common recreational facility: Recreational structures or areas in a particular development such as: community buildings; pools; cabanas; tennis, basketball or racquetball courts; solariums and play lots for the use and enjoyment of the residents and guests.
Communication tower: A mono pole, self-supporting/lattice tower or guyed tower, constructed as a free-standing structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures and satellite earth stations.
Condominium: That form of ownership of real property created pursuant to F.S. ch. 718, comprising entirely of units that may be owned by one or more persons and in which there is appurtenant to each unit an individual share in the common elements.
Convenience store: Any neighborhood retail establishment offering for sale prepackaged food products, household items, and other goods and having a gross floor area of less than 5,000 square feet.
Cul-de-sac: A local dead-end street, one end of which is closed and consists of a circular or T turnaround.
Development: Generally consists of changes in land use or intensity; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill, or land disturbance; any use or extension of the use of land and that which is further defined in F.S. § 380.04.
Development order: The granting, denying or granting with conditions any application for a building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action having the effect of permitting the development of land.
Digital billboard means a billboard that allows advertisements to rotate in succession electronically with LED or other technology.
Drive-thru facility: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
Dwelling: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping, but not including hotels, motels, mobile homes, boardinghouses and lodginghouses.
Dwelling, multifamily: A building or portion thereof used for occupancy of three or more families living independently of each other and containing three or more dwellings, including, but not limited to, what is commonly known as an apartment building.
Dwelling, single-family attached (group, row, duplex, and townhouses): One or more dwellings having a common or party wall.
Dwelling, single-family detached: A dwelling entirely surrounded by open space.
Easement: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
Embellishments means a physical or structural extension to the billboard that enhances, emphasizes or directs attention to the sign message.
Entrance features: Any combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development.
Essential service: 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.
Facade: The exterior wall of a building exposed to public.
Family: One or more persons living together as a single housekeeping unit. No more than four unrelated persons shall be allowed to live within a single dwelling.
Fence: A barrier used to enclose a property as a means of protection or confinement.
Final plat: The final tracing, map or drawing or chart on which the subdivider's plan of subdivision is presented to the governing body for approval, and which, if approved, will be submitted to the clerk of the circuit court for recording.
Floor area, gross: The sum of the horizontal areas of all floors of a building, including areas used for human occupancy in basements and attics, as measured from the exterior faces of the walls. Such area does not include basements, unenclosed porches, or attics not used for human occupancy.
Floor area ratio (FAR): A measurement of development intensity determined by dividing the floor area of the building or buildings an any lot by the net area of the lot.
Footprint: The outline or shape of a building or structure as determined on a horizontal plane.
Frontage: The length of any one property line of a site, which property line abuts a legally accessible street right-of-way.
Garage, private: A structure for the private use of the owner or occupant of a principal structure situated on the same lot for the storage of motor vehicles.
Garage, public: A structure designed and used for the storage of motor vehicles.
Garage, repair (see also service station): A building designed and used for the storage, care, repair, or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint, and body work.
Grade means crown or highest elevation of the adjacent road (including elevation for a highway or highway extension, flyover, or overpass).
Guesthouse: Living quarters within a detached or semidetached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.
Guyed tower: A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
Height of building: The vertical distance from grade to the parapet or roof ridge.
Helistop, unlimited use: Any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo, but with no fueling, refueling, or service facilities.
Home occupation: An occupation, activity, or use which is located in a home office that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
House of worship: A tax-exempt institution that people regularly attend to participate in or hold religious services and meetings.
Impervious area: That portion of a building site measured in square feet which is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, terraces, porches, sidewalks, driveways, parking areas, swimming pools and athletic courts.
Junkyard: A parcel of land on which waste material, such as furniture, lumber, metal, glass or other materials, inoperative vehicles and other machinery are collected, stored, salvaged, or sold.
Kennel: An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling animals is conducted as a business.
Lattice tower: A self-supporting communication tower, other than a monopole tower, that is constructed without guy wires and ground anchors.
Laundry or dry cleaner: A business that provides washing, drying, dry cleaning and/or ironing services.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.
Lot area: The area of land, measured in square feet, within a lot.
Lot, corner: A lot abutting the intersection of two or more streets.
Lot coverage, building: Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
Lot depth: The mean horizontal distance between the front and rear lot lines.
Lot frontage: The distance for which the front lot line and the street right-of-way line are coincident.
Lot line, front: The front of a lot shall be construed to be that portion abutting the street. For corner lots, the lot front shall be the narrowest portion of the lot abutting any street, unless determined otherwise by the zoning department.
Lot line, rear: The rear property line of a lot is that lot line opposite to the front property line, unless otherwise determined by the zoning department.
Lot line, side: Any lot line which is not a front or rear lot line.
Lot width: The horizontal distance between side lot lines, measured at the required front setback line.
Manufactured housing: A factory-built, single-family structure that is manufactured under the authority of 42 USC section 5401, the National Manufactured Home Construction and Safety Standards Act.
Mechanical billboard means a billboard that utilizes tri-action movement to allow rotation of three advertisements.
Microwave dish antenna: A dish-like antenna used to link communication sites together by wireless transmission of voice or data.
Mobile billboard means a billboard that includes a sign, installed on or attached to a vehicle, or connected to a vehicle as a trailer, that is capable of transport. Mobile billboards are prohibited.
Mobile home: A transportable, factory-built home designed to be used as a year round residential dwelling. Also reference Section 19A-1 of the Code of Miami-Dade County.
Mobile home park: A parcel of land that has been planned and improved for the placement of mobile homes for dwelling purposes.
Monopole tower: A free standing communication tower consisting of a single pole or spire supported by a permanent foundation, construction without anchored guy wires.
Nightclub: A commercial establishment such as a bar, restaurant, coffeehouse, or similar establishment where alcoholic beverages may be dispensed for consumption on the premises and in which dancing and live performances are permitted.
Nonconforming lot: A lot not in full compliance with the land use district in which it is situated but which lawfully existed prior to the adoption, revision, or amendment of this chapter.
Nonconforming use: A lawful use of land that does not comply with the use regulations for its land use district but which did so at the time the use was established.
Nonconforming development: Development that does not conform to this chapter or other applicable chapters of the city code.
Open space, common: Areas within or related to a development-which is designed and intended for the common use or enjoyment of the residents of a development.
Parcel: A lot or tract of land owned and recorded as the property of, the same person or persons or controlled by a single entity.
Park: Any public or private land available for recreational, educational, cultural, or aesthetic use.
Parking space or stall: An area on a lot and/or within a building intended for parking of a personal vehicle.
Performance guarantee: A financial guarantee (letter of credit or bond) to ensure that all improvements, facilities, or work required will be completed in compliance with the ordinances, regulations, plans, permits and specifications of a development.
Permittee means the entity that submits an application to the voluntary pilot billboard corridor program and is the owner or operator of a proposed billboard.
Personal wireless services: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Personal wireless services shall not be considered as essential services, public utilities or private utilities.
Planned unit development (PUD): Land under unified control to be planned and developed as a whole or in phases. A PUD includes structures and uses substantially related to the character and purpose of the planned development and is built according to general and detailed plans. A PUD includes a program for the operation and maintenance of such areas, facilities, and improvements as will be for the common use by some or all of the occupants of the PUD zoning district, but which will not be provided, operated, or maintained at general public expense.
Plat: See final or tentative plat definitions.
Property means the land upon which a proposed billboard will be established.
Property owner means the entity which owns the property on which a proposed billboard will be established.
Public service/utility uses: Those which provide essential or important public services such as: emergency dispatch centers for fire, police and rescue; broadcasting stations; utility facilities such as water or wastewater plants, electricity substations, maintenance facilities for schools or telephone companies.
Restaurant: A food and/or beverage establishment that prepares food on the premises for consumption either on or off the premises. Bars or lounge areas are considered an incidental use to the restaurant.
Restaurant, drive-thru: A food and/or beverage establishment that has a dedicated drive-thru lane for customers in motor vehicles.
Right-of-way: A strip of land occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other utilities.
Road, private: A way open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties not abutting public right-of-way.
Satellite dish antenna (see also antenna and tower; see also section 78-91, for residential use): A round, parabolic antenna intended to receive signals from orbiting satellites and other sources.
Screening: The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
Self-service storage facility (mini-warehouse): An enclosed building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.
Service station: Any premises where gasoline and other petroleum products are sold and/or limited light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted.
Setback: The required minimum horizontal distance between the front, rear or side lines of a lot and the front, rear and side lines of a building, or any building element at any level or, in the case of open structures, to the face of the structural columns; however, that none of such projections of the open structures shall project into the minimum setback area more than 24 inches.
Shopping center: A grouping of retail business and service uses on a single site with common parking facilities.
Sidewalk cafe: An area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking, and pedestrian circulation.
Sign: Any device or representation for visual communication that is used for the purpose of bringing the subject matter to the attention of the public. Signs include, but are not limited to, figures, letters, logos, devices, flags, pennants, emblems, and pictures.
Address sign: An attached sign indicating the address of the structure, dwelling unit, or business to which it is attached. It may be in the form of an awning sign.
Attached sign: A sign painted on or attached to and supported by a building or other structure.
Awning or canopy sign: A sign painted, stamped, perforated, stitched, or otherwise applied on the valance or surface of an awning. An illuminated architectural canopy sign (backlit awning) is an enclosed, illuminated structure that is attached to the wall of a building with the face of the sign approximately parallel to the wall and with the message integrated into its face.
Billboard: A sign that directs attention to a commercial business, commodity, service, product, or activity not conducted, sold, offered, or available on the premises where such sign is located, the copy (face) of which may be intended to be changed periodically. A billboard is the principal use of the property on which it is located. It includes a sign displayed on a trailer or the bed of a truck that advertises something other than the identity of the truck, the driver or its contents.
City public information sign: A sign erected by the City of Hialeah Gardens for the purpose of providing noncommercial public information and announcements of city-sponsored meetings, events, and activities to the community. Said sign may be permanent or temporary in nature and is exempted from the requirements of this article.
Community information sign: A sign, located on and relating to, an activity on or near the premises upon which the sign is located. Examples include: "Children at Play," "Crime Watch Area," "Drug Free School Zone," and "Adopt a Highway."
Directional sign: A sign relating to navigation on the property on which it is located, such as "Entrance," "Exit," "Parking," "Drive-thru," "Loading," or that identifies the name of a place or location on the property on which it is located with a directional symbol.
Electronic message board: Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified electronically.
Face of sign: That part of the sign that is or can be used to identify, advertise, and communicate information or for visual representation, which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color, and internal or external illumination used that differentiate the sign from the building, structure, backdrop surface or object upon or against which the sign is placed.
Flashing sign: Any sign which, by method or manner of illumination, flashes on or off, blinks with varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of being on or off.
Freestanding sign: A self-supported structure not attached to any building or structure.
Grand opening sign: A temporary sign that is used to denote the fact that a new business or residential development is present.
Hazardous sign: A sign that approximates a traffic sign and is not placed for a legitimate public safety reason, or includes words such as, "Stop," "Danger," "Caution," "Look," or similar words or obscures a traffic sign or a directional sign.
Illegal sign: A sign erected in violation of any ordinances in effect at the time of the sign's installation.
Illuminated sign: A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source, including indirect lighting, incandescent lights, neon gas and back-lighting.
Logo: An item of information or graphic used to signify an organization, corporation or the like.
Marquee sign: An attached sign that is customarily used by theaters to advertise show times.
Monument sign: A freestanding, self-supported structure not attached or affixed in any way to a building or any other primary structure, with concealed means of support that is built into the ground and could not be construed to be a pole sign.
Nonconforming sign, illegal: A sign located within the city on the effective date of this chapter or existing in an area annexed by the city after the effective date of this article (or amendments hereto), which by its height, type, area, design, colors, materials, location, use, or structural support, did not conform to the city's sign regulations, or the date of amendments hereto (or Miami-Dade County's regulations if in an area that was annexed by the city) and does not conform to the requirements of this article.
Nonconforming sign, legal: A sign located within the city limits on the effective date of this article or existing in an area annexed by the city after the effective date of this article (or amendments hereto) which, by its height, type, area, design, colors, materials, location, use, or structural support, conformed to the city's sign regulations that were in effect prior to the effective date of this article, or the date of amendments hereto, but does not conform to the requirements of this article. This shall include signs that had been granted variances that were approved, and signs that were issued a permit by the city (or Miami-Dade County if in an area that was annexed by the city), or the date of amendments hereto.
Pole sign: A sign erected upon a pole, poles, post, or "pole-like" structure that are visible and wholly independent of any building or structure for support.
Political sign: A sign that indicates the name, cause or affiliation of anyone seeking public office, or that indicates any political issue.
Portable sign: Any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle, that is used for the express purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.
Projecting sign: Any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including a marquee sign.
Real estate sign: A temporary sign erected by the owner or his agent, indicating that the property on which it is located or existing structures on that property are for sale, rent, or lease. This shall include signs that indicate that a property for sale or is available for inspection, such as signs containing the words "open house."
Roof sign: Any sign erected upon, against, or directly above a roof or roof eave, or on the top or above the parapet, or on a functional architectural appendage above the roof or roof eave.
Street sign: A sign that specifies the name of a street that is placed adjacent to such street.
Temporary sign: A sign intended for use for only a limited period of time.
Traffic sign: A sign that specifies vehicular and traffic information, rules or regulations and is placed for a legitimate public safety reason.
Wall sign: A sign painted on the outside of a building, or attached to and erected parallel to the face of a building, and supported throughout its length by such building.
Warning sign: A sign whose purpose is to notify the public of a possible danger or policy that affects a property or to provide instructions at active construction sites, such as "Beware of Dog," "No Trespassing," "Men at Work," "No Parking," "Customer Parking Only," and "Caution."
Window sign: An attached sign located on the inside of a window or within a building or other enclosed structure, where the sign face is visible and legible from the exterior through a window or other opening. A window sign may be one or all of the following:
(1)
Identification sign: A sign attached to or painted on an establishment window identifying the occupant and its address and telephone number.
(2)
Message sign: A sign containing a message.
(3)
Hours of operation sign: A sign stating hours and days of operation.
(4)
Advertising sign.
Yard sale sign: A temporary sign erected by the owner of the property or authorized agent of such owner that indicates that tangible goods are for sale at a certain time on the property on which it is located.
Sign area: The entire area within a continuous perimeter, enclosing the extreme limits of a sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of such letters or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be constructed so that the perimeter of both faces coincide and are not more than 24 inches apart.
Sign face means the sign surface where the advertisement or message is exhibited.
Site: A parcel of land which is to be developed as a single unit, subdivision, or project.
Site plan: A document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements, landscaping and open space and the interrelationship of these elements.
Special exception use: A use not permitted by right but may provide for an individual or community serving need and which, subject to conditions, would not impact the integrity of the zoning district.
Special taxing district: Districts which may be created and established in the city, under the provisions of Chapter 18, Improvement and Special-Purpose Districts, Article I, Special Taxing Districts, of the Code of Miami-Dade County for the purpose of acquiring, constructing, reconstructing and installing any of the following public improvements or of providing any of the following special services within such districts:
(1)
Water systems;
(2)
Sewerage systems;
(3)
Storm sewers;
(4)
Street improvements;
(5)
Sidewalk improvements;
(6)
Police and fire protection;
(7)
Recreation facilities;
(8)
Street lighting;
(9)
Incinerators;
(10)
Beach erosion control; and
(11)
Such other facilities or services which may be deemed essential by the board.
Stable: A building or land where animals are kept for remuneration, hire, sale, boarding, riding, or show.
Stable, private: An accessory structure to an existing residential use that shelters animals for the exclusive use of the occupants of the premises.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over five feet above the average level of the finished ground surface adjoining the exterior walls of such building, or if it is occupied for business or dwelling purposes.
Street: A public or private right-of-way used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform.
Subdivision: The division of any tract or parcel of land.
Swale is the area within the public right-of-way exclusive of the paved public sidewalk and the paved roadway, curb and gutter, if any.
Temporary outdoor event: A concert, festival, carnival, race, triathlon, walk, show, sales event, exhibition, promotion or similar event in which the majority of the activities associated with the event are conducted out of doors.
Tentative plat: A preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval. Said preliminary map, drawing or chart shall not be considered a boundary survey as defined in Chapter 21HH-6 of the Florida Administrative Code, as same may be amended from time to time. It shall be considered a specific purpose survey as defined in said Chapter 21HH-6; said specific purpose being for subdivision design, therefore conceptual in nature, and subject to change prior to the boundary survey being made for which a plat of record is being filed.
Tower (see also antenna and satellite dish antenna): A structure or antenna situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.
Traditional billboard means a large outdoor structure that is predominately a sign where the advertisement does not rotate, but is stationary.
Two-family (duplex) dwelling unit: Attached single-family dwelling units whereby two units have a common wall.
Variance: A relaxation of the technical regulations of this chapter where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
Warehouse: A building whose permitted use is for the storage, distribution, large-scale purchase or shipping of goods and incidental uses. This definition shall include membership warehouses.
Whip antenna: As used herein shall mean a cylindrical antenna that transmits signals in 360 degrees.
Yard: Any open space other than a court located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in these land use regulations. The minimum depth or width of a yard shall be measured by the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
Yard, front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. Front yard depth shall be measured at right angles to the front line of the lot.
Yard, rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.
Yard, side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.
Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
(Ord. of 9-25-06; Ord. No. 2008-15, § 2, 12-16-08; Ord. No. 2009-07, § 1, 8-18-09; Ord. No. 2014-01, § 1, 2-18-14; Ord. No. 2015-06, § 1(4), 8-4-15; Ord. No. 2017-02, § 2, 2-21-17)
Cross reference— Definitions generally, § 1-2.