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. The words "designed for" include the meaning "used for." The word "structure" includes the word "building." The word "shall" is mandatory and not directory. The word "lot" includes the words "plot" and "tract." The words "area" and "district" may indicate and include the meaning of "zone."

Accessory building shall mean a secondary building which is located on the same lot as another main building, the use of which accessory building is clearly incidental and subordinate to the use of the main building.

Accessory uses shall mean uses customarily incident or subordinate to the principal uses as permitted by the zoning ordinance but not including any sales activity.

Additions shall mean new construction which provides for increased facilities or increased floor area to an existing structure.

Adequate parking shall mean parking that meets the minimum requirements of the zoning code or provides sufficient parking to meet the peak parking demand on the site.

Administrative variance or non-use variance means a variance of matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question as more fully set forth in sections 30-53 and 30-54.

Alley shall mean a narrow thoroughfare dedicated or used for public use upon which abut generally the rear of the premises or upon which service entrance or building abut, and is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation and is not otherwise officially designated as a street.

Alterations shall mean new construction which changes the use or improves the appearance of an existing structure, but which does not increase the floor area of the structure.

Apartment building shall mean a residential building with separate quarters including private kitchen facilities for three (3) or more families.

Applicant shall mean the legal or beneficial owner or owners of all the land proposed to be included in a development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Arcade shall mean a covered pedestrian passageway along a street frontage or between buildings, unenclosed on at least one side, or a continuous passage way parallel and open to a street, open space, building, usually covered by a canopy or permanent roofing, and accessible and open to the public.

Architectural regulations shall mean regulations that specify the materials and configurations permitted for walls, roofs, openings, and other elements intended to produce visual harmony among disparate building types.

Area calculation shall mean the spatial calculation of a legally, geographically, or geometrically defined area.

Assisted living facility shall have the meaning given in section 30-471 of this Code.

Athletic field shall mean a level, open playing area intended to be used for organized team sports such as soccer, baseball, softball, football, or similar, whether natural or artificial turf.

Automobile service center shall mean a structure designed or used for the retail sale of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including space or facilities for the storage, painting, repair, refinishing, body work or other servicing of motor vehicles, or the use of the space or facilities therefor.

Automobile show room shall mean a building where new cars are prominently displayed and offered for sale by an authorized agent.

Awning shall mean a cover that is temporary or portable in nature and that projects from the wall or a building for the purpose of shielding a doorway or window from the elements.

Balcony shall mean a platform projecting from a wall of a building and surrounded by a railing or parapet.

Banner shall mean a sign having the characters, letters, illustrations or ornamentations applied to cloth, paper or fabric of any kind with only such material for a backing. Banner includes any animated, rotating and/or fluttering devices designated to attract attention.

Bar or saloon shall mean any place of business devoted primarily to the sale of alcoholic beverages for consumption on the premises.

Barbecue stands or drive-in restaurants shall mean any establishment serving food where provisions are made for customers to drive across the curb or sidewalk lines for service in automobiles or other similar vehicles, or establishments where meats and foodstuffs are prepared outside of an enclosed building.

Bed and breakfast establishment, as it is used in this chapter, shall have the meaning given to it in section 14-1 of the Code.

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

Boarding house shall mean a residential building where sleeping rooms for lodgers are provided, and wherein dining facilities are maintained for the lodgers thereof.

Boat storage shall mean the parking and storage of an operable, nondisabled, vessel ("boat") as defined in F.S. § 327.02 which includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Boundary line shall mean any line indicating the bounds or limits of any tract or parcel of land or the various use districts of an urban area.

Building shall mean a structure which provides usable floor space protected from the elements.

Building line shall mean the lines on which any building or structure may be erected or established.

Building type shall mean the general definition of a particular building that is associated with specific development standards.

Bungalow court shall mean a group of three (3) or more one (1) story single or two (2) family buildings on one (1) plot.

Bungalow style shall mean the popular housing style prevalent during the early twentieth century. The materials used in bungalow styled buildings are similar to those of the frame vernacular style with limited decoration, has decorative details on window surrounds, column bases and capitals, gable and trim, and decorative cutting on rafter ends. Windows are grouped in pairs, chimneys are typically brick with simple decorative caps, and porch columns are usually larger than those found on frame vernacular and are often tapered. Bungalows present four (4) roof types: hip; one (1) or more gables perpendicular to the street; gable parallel to the street with a cross gable intersecting; and for larger one and one-half (1½) story homes, a gable parallel to the street incorporating a dormer.

Busway corridor shall mean the path of the planned Miami-Dade County express busway through the city, and property abutting or fronting that path in all directions.

Canopy shall mean a structure constructed of rigid materials, including but not limited to metal, wood, concrete, plastic, or glass, which is attached to and uprooted by a building or by columns, poles or braces extended to the ground.

Church means a building or structure, or a portion of a building or structure, designed or arranged for religious services, on land held in fee or on lease by an organized group, which group utilizes such building or structure for regularly scheduled ongoing religious services. This definition includes, but is not limited to, associated accessory uses.

Color shall mean the element of architectural design with certain environmental and aesthetic attributes that is useful in creating harmony within and between buildings and civic elements.

Colonial revival shall mean an architectural style that borrows from the styles present in the early American colonial period, reflecting the English and Dutch residential styles of the era. These buildings are formal and typically demonstrate symmetrical facades. Large open porches supported by simple classical columns are divided into equal bays, with the entrance stairs typically centered on the main facade. The entrance is characterized by a door flanked by double hung windows or sidelights, and are often topped by a very simple pediment and fanlight above the front door recalling early Colonial Influence. Roofs are hip or gable, with roofs over porches typically shed or low sloped hip roofs. Dormer with hip, gable, or shed roofs are also defining characteristics of this style. Exterior materials are usually wood siding, brick chimneys, and composite shingles.

Colonnade shall mean the roof and unglazed portion of a building extending over the sidewalk, open to the street except for supporting columns or piers.

Commercial center shall mean two (2) or more separate non-residential occupancies located within the same building, adjacent building or buildings on the same parcel.

Commercial retail shall mean a building, property, or activity where the principal use or purpose of which is the sale of food, goods, products, personal services or merchandise directly to the consumer, with incidental minor service and repair of commonly used goods, products and merchandise for personal or household use, excluding service and repair of such goods, products, or merchandise classified more specifically by definition or further regulated or prohibited within the applicable underlying zoning district or any regulations provided for within this chapter.

Commercial use shall mean premises used for retail, restaurant, professional business, governmental services, entertainment, or recreational uses, excluding prohibited uses.

Commercial vernacular shall mean buildings of simple style relating to commercial uses. They are usually rectangular; two (2) stories and are built from property line to property line, with entrances incised, or recessed, into the storefront. The majority are of masonry and wood construction, and stylistically considered either frame or masonry vernacular.

Community residential home, of whatever type, shall have the meaning given in section 30-471 of this Code.

Configuration shall mean the three dimensional form of a building that includes the form and materials of roofs, walls, openings and other elements.

Contiguous shall mean lands are contiguous if they abut each other, or if separated by streets, ways, easements, pipelines, power lines, conduits, or rights-of-way under ownership of the petitioner, a governmental agency, a subdivision or a public or private utility. Lands shall not be considered contiguous unless they can be developed with internal vehicular and pedestrian connectivity.

Convenience store or convenience business means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m. The term "convenience store" or "convenience business" does not include:

(1)

A restaurant;

(2)

A business that always has at least five (5) employees on the premises after 11:00 p.m. and before 5:00 a.m.; and

(3)

A business that has at least ten thousand (10,000) square feet of retail floor space.

Court shall mean an open, unoccupied ground space unobstructed to the sky, bounded on at least three (3) sides by a building or structure.

Court inner shall mean a court bounded on all sides by the building or structure.

Crosswalk shall mean a designated axis for pedestrians crossing a thoroughfare; usually located between sidewalks at the corners of blocks.

Department of development services shall mean the unit of city government that is charged with the processing and review of applications for development orders as provided for in the Code. The role of the development services department is to provide city council and city advisory boards with independent analysis, recommendations and conclusions based on their professional expertise in matters regarding the development of land. The definition of development services department includes prior references to the development services department's previous forms and titles, such as the department of building and zoning.

Designated open space shall mean shall mean a vegetative pervious surface at ground level that is not occupied by building coverage.

Detailed site plan shall mean a development plan of one (1) or more lots on which is shown:

(1)

The existing and proposed topography of the lots;

(2)

The location of all existing and proposed buildings, drives, parking spaces, means of ingress and egress, drainage facilities, landscaping, structures and signs, lighting, screening devices, height; and

(3)

Any other information that may be reasonably required in order to make an informed determination pursuant to section 30-47.

Development shall mean:

(1)

The division of a parcel of land into two (2) or more parcels;

(2)

The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings;

(3)

Any use or change in use of any buildings or land;

(4)

Any extension of any use or land;

(5)

Any clearing, grading, or other movement of land for which permission is required pursuant to this Code;

(6)

It is expressly recognized that the term "development" as defined herein and throughout this Code, shall not include nor be interpreted to include any farm, or agricultural uses.

Development order means any order, permit, determination or action granting, denying or granting with conditions an application for any final local development order, building permit, site plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, certification, conditional use, variance or any other official action of the city having the effect of permitting development as defined in this chapter.

Development review committee ("DRC") shall mean all city department directors or their designees who meet as needed when asked by the director of the department of development services (or his or her designee), to review and comment on proposed land development, planning or zoning approvals. Any meeting of the development review committee shall be conducted as an open public meeting in accordance with Chapter 286, Florida Statutes.

Diagonal parking shall mean the parking pattern where vehicles are parked at less than a ninety (90) degree angle to the curb line.

Director of department of development services shall mean the director or his or her designee.

District shall mean an urbanized area that is designated for a single activity or group of activities.

Driveway shall mean a vehicular access on a private road that enables vehicles to travel from a public or private road to the entrance of a public or private property.

Duplex shall mean a dwelling designed for and occupied by a maximum of two (2) families.

Dwelling or residence shall mean a structure designed for the occupancy of people and used exclusively for sleeping, dining, and other living requirements, as distinguished from a place of business or manufacturing establishment.

Dwelling, single family shall mean a structure designed for and occupied exclusively by one (1) family.

Dwelling, two family shall mean a dwelling designed for and occupied by a maximum of two (2) families.

Dwelling unit, efficiency type shall mean a dwelling that consists of not more than one (1) room in addition to kitchen and sanitary facilities and containing not less than three hundred seventy-five (375) square feet of usable floor area.

Encroachment shall mean any portion of a primary structure that extends beyond the required setback or build-to line.

Expanded shall mean any extension or deployment of a slide-out, pop-out, awning, tent, canopy, platform, step, ramp, or other apparatus or feature that increases the footprint, enclosed space, or functional area of a recreational vehicle beyond its standard factory transport configuration.

Family shall mean an individual or two (2) or more persons related to one (1) another by blood, marriage, or adoption; or no more than five (5) unrelated persons living together as a single housekeeping unit.

Fenestration element shall mean any window or opening arranged on an exterior facade of a building.

Frame vernacular shall mean a building architectural style that is usually rectangular and regular, with simple facades that are noted for their lack of decorative details or stylistic features. The majority of vernacular buildings are one or two story with an attached covered porch extending across the front of the building facing the street. The porches usually have small wood columns and rarely display any decoration. Roofs are usually finished in metal and the sidings are finished in horizontal wood planks as wells as vertical planks and shingles.

Frontage shall mean the front side of a building or property.

Frontage wall face shall mean the building facade, excluding parapet, fascia, soffitt, mansard, and roof, which faces a frontage of the premises.

Front lot lines. The words "frontage," "front," "front line," and words of similar import shall mean or refer to any lot boundary line adjacent or contiguous to a public thoroughfare other than an alley. On corner lots, the front line, frontage and the like, shall be the narrow dimension of the lot facing on a public street.

Front porch shall mean the roofed and unglazed structure, attached to the front facade of a building.

Garage shall mean a building in which automobiles, trucks or other automotive equipment is sheltered.

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

Garage, storage shall mean a garage used for the storage of automotive equipment, in which equipment is kept for renumeration.

Gasoline and oil filling stations shall mean a structure or place where gasoline, oil, and greases, etc., are supplied and dispensed by the motor vehicle trade, but where only minor mechanical service may be performed.

Glaze shall mean the windows or other openings within a facade that are covered by glass.

Height shall mean the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface if a flat roof, and to the mean heights level between eaves and ridges for gable hip and gambrel roofs. Uninhabitable scenery lofts, towers, cupolas, steeples and domes, collectively not exceeding in gross areas, at maximum horizontal section thirty (30) percent of the roof area, flagpoles, antennae, chimneys, stacks, tanks, elevator or stair bulkheads and roof structures used only for ornamental or mechanical purposes, need not be included in measuring the heights of a building or structure. Parapet walls may extend not more than five (5) feet above the allowable height of a building.

Height limit shall mean the limit to the vertical extent of a building that is measured in number of story. Height limits do not apply to masts, belfries, clock towers, chimney flues, elevator bulkheads, and similar structures provide they do not exceed one (1) story based on the average story height of the respective structure and are consistent with the architectural character of the building.

Hip roof shall mean a roof type that rises by inclined planes from all four (4) sides of a building.

Hotel shall mean a building in which lodging accommodations of ten (10) or more rooms are provided and offered to the public for compensation, and which is open to transient guests, with each room being accessed through an interior building lobby. Limited kitchen facilities including a sink, refrigerator, microwave, and cooktop, but not including an oven, may be provided in the individual rooms. Laundry facilities common to the building are permitted but such facilities are not allowed in the individual rooms.

Inflammable matter shall mean 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 shall mean scrap or waste material of whatsoever kind or nature collected or accumulated for resale, disposal or storage.

Junk yard shall mean a building, structure, yard or place for purchasing, disposing, or storing secondhand motor vehicles, engines, boilers, tanks, tools, and other machinery or parts thereof, as well as scrap iron, sheet metal, and other natural, synthetic and manufactured resources for on-site resale purposes.

Key West, Conch or Bahamian Style shall mean vernacular architecture that was typically the work of shipbuilders-turned-carpenters from the Bahamas and Key West. These "conch" houses feature a one-and-one-half (1½) or two-story rectangular mass, with broad gabled or low, hipped roofs. They are usually of balloon frame construction, rather than the original cross-braced system of heavy timbers based on shipbuilding techniques. Buildings are raised off the ground on wood posts or masonry piers, allowing air circulation underneath the house. Exterior surfaces are of horizontal weatherboards and windows are double-hung sash type. The most prominent feature of these buildings is the balustraded front porch, sometimes wrapping around the sides on both stories.

Landscape feature shall mean any improvement or vegetation including, but not limited to outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture, and or exterior lighting.

Loading space shall mean an off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Loggia shall mean an open-sided, roofed or vaulted gallery, either free-standing or along the front or side of a building

Lot shall mean a parcel of land shown as a lot of any subdivision plat recorded in the public records of Dade County, Florida. A corner lot is a lot abutting on two (2) or more streets at their intersection. Lot shall include the words "plot" and "tract."

Lot depth shall mean the distance measured in the main direction of the side lines of the lot from the center point of the street lot line to the center point of the opposite main rear line of the lot.

Lot width shall mean the length of chord of the side of the lot adjacent to the public thoroughfare.

Masonry vernacular shall mean buildings symmetrical in shape, one (1) or two (2) stories in height, typically with gable or hip roofs with composition or wood shingles. These buildings are also characterized by double hung sash or casement windows and articulated and exposed lintels. The buildings are stucco in finish and sparsely decorated—usually limited to cast stone columns, piers, and rafter eave brackets.

Master plan or master development plan shall mean a detailed graphic analysis of a development concept embodied in the approved preliminary sketch plan. It is a comprehensive plan of a parcel of land graphically representing proposed land uses with continuing bulk controls, such as density, acreage, open space, arterial roads, water bodies, and any additional data as required by the city council or staff governing future development of a PUD district.

Mechanical equipment shall mean all mechanical equipment serving or used by the structure on the site.

Medical marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin or oil extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, that are dispensed from a state licensed facility for medical use by a qualified patient.

Medical marijuana dispensary means a retail establishment licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana.

Mediterranean Revival shall mean buildings with architectural styles borrowed from cultures and countries surrounding the Mediterranean Sea. These buildings are characterized by a free use of applied decorative details that may reflect Moorish, Byzantine, Gothic and Renaissance periods. Formal courtyards and gardens, as well as garden walls and small patios are typical of this style. These buildings have facades with a combination of projecting and receding forms. The style also presents a combination of heights, as well as being completely one (1) or two (2) story. The buildings are finished in stucco, have covered porches and loggias, arched, pointed or segmented windows, and low pitched roofs finished with barrel tiles.

Mission style shall mean buildings that are characterized by typical Hispanic design elements that include well defined, shaped parapets, arches, generous porches, etc. The most predominant feature of this architectural style is a shaped parapet or dormer, either capped with terra cotta tiles or trim with a band at the top of the wall. Decorations or windows are usually place symmetrically within the facade of the parapet. Roofs are either sloped or flat. Facades are symmetrical and asymmetrical and finished in stucco. Decorations are limited to the parapet and by occasional wall surface ornaments such as tiles. Quatrefoil windows are common. Porches are typical on the main facade, with some stretching across the full facade and others only a portion. Columns are generally large square piers, with examples of round columns less common.

Mixed occupancy shall mean occupancy of a building or parcel of land by more than one (1) type of use.

Mixed use shall mean the use for multiple functions within the same building or the same general area thorough superimposition or within the same area through adjacency.

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

Motel shall mean a a building or group of buildings where lodging accommodations of ten (10) or more rooms are provided and offered to the public for compensation, and which is open to transient guests, and in which access to and from each room is directly through an exterior door.

Nonconforming buildings shall mean a building or portion thereof existing at the effective date of the ordinance from which this section was derived or amendments thereto, that does not conform to the provisions of the chapter and/or the use regulations of the district in which it is located.

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

Night club shall mean a public dining establishment where alcoholic beverages are sold for consumption on the premises and where singing, dancing or other forms of paid entertainment is provided.

Occupancy shall mean any one (1) business, activity or professional office.

Off-street parking shall mean parking areas within a lot.

On-street parking shall mean a single line of parking located along a curb line of a thoroughfare accessible directly from a traffic moving lane, whether parallel, diagonal, or perpendicular.

Open air café shall mean an open air dining use located on private property in conjunction with and ancillary to a restaurant.

Open space shall mean a required exterior open area devoid of buildings, accessory structures and impervious areas, except those buildings, structures and impervious areas used exclusively for recreational purposes. The term "open space" shall include water bodies to the extent provided herein.

Painted sign shall mean a sign painted directly on to the surface of a structure.

Parallel parking shall mean the parking pattern where the vehicle is parked parallel to the curb.

Parapet shall mean a vertical false front or wall extension above the roof line.

Parking lanes refer to an area designated for parallel or perpendicular parking along residential and commercial frontages.

Parking ratio shall mean the relationship between parking quantity, building use and building size.

Parking space shall mean an accessible area ten (10) feet by twenty (20) feet for each car.

Patio or terrace living area shall mean a constructed hard surface area that is paved or bricked (not asphalt).

Pedestrian entrance shall mean a clearly designated access from the road to the development including, but not limited to, a designated walkway with a minimum of six (6) feet in width, leading to the main entrance of the building and visible from the main road. Pedestrian entrances shall be designed with variations in pavement materials or markings and reflective striping. Appropriate signage to channelize vehicles and pedestrians in a safe manner shall be included with the design.

Pedestrian feature shall mean an amenity or architectural feature that provides pedestrians with assistance and protection from vehicular traffic, for example, curb ramps and street crossing signals and features or amenities scaled for pedestrian use such as trash receptacles, light poles, transit stops, benches and others.

Pedestrian frontage shall mean the experience of a pedestrian from the buildings and surroundings along the frontage line.

Pedestrian walkway shall mean a continuous way designated for pedestrians and separated from the through lanes for motor vehicles by space or barrier.

Pergola shall mean a linear pavilion with the roof as an open trellis supporting climbing plants.

Personal watercraft means a vessel less than sixteen (16) feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

Place of public assembly means any area where individuals assemble, whether publicly or privately owned and maintained, and includes, but is not limited to, public assembly buildings such as auditoriums, fraternal lodges, private clubs, community centers, clubhouses, theaters, and places of worship or other similar facilities that are used for prayer and assembly by persons of similar beliefs.

Planned unit development or PUD shall mean an area of land developed in a single phase or in approved stages in conformity with a PUD plan, by a developer or group of developers acting jointly, which is uniformly planned to provide for a variety of residential, commercial, mixed and compatible uses, as well as common open space and recreational amenities.

Planter island shall mean a designed landscaped area including, but not limited to trees, shrubs, perennials and ground covers that is typically defined by planter structure in parking islands to reduce the scale of the parking area with a minimum of five (5) feet in width without including the curb and gutter.

Plat shall mean a map or maps of a subdivision.

Porch shall mean the roofed and unglazed structure, attached to a facade of a building.

Porte-cochere shall mean a structure attached to a residence and erected over a driveway, not exceeding one (1) story in height, and open on two (2) or more sides.

Preliminary sketch plan shall mean an initial plan presented to the city requesting consideration of a development area for designation as a PUD district, pursuant to section 30-46(1)—(6).

Porch shall mean the roofed and unglazed structure, attached to a facade of a building.

Private club shall pertain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit. "Private club" shall not include casinos, night clubs, or other institutions operated as a business.

Promenade shall mean controlled pedestrian ways that are designed to be aesthetic.

Property shall mean the real property, as a unit, which contains the premises and occupancies.

Public streetscape shall mean the section of the public right-of-way between the lot line and the vehicular lanes.

PUD plan shall mean the provisions for development of a planned unit development, including a plat of subdivision, master plan, site plan, and all covenants and agreements relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities.

Rear lot lines, rear line, rear, and words of similar import shall mean or refer to that lot line opposite and most distance from the front line; and in the case of a triangular or gore-shaped or other irregular lot, the rear lot line shall be a line not less nor more than ten (10) feet in length contained within the lot or tract and drawn parallel to and at the maximum possible distance from the front lot line.

Recreational vehicle (RV) shall mean a recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or is drawn by another vehicle.

Recycling and transfer facility shall mean a building, structure, yard or place for purchasing, sorting, collecting, storing, piling, shredding, baling, and transferring construction demolition debris and ferrous and nonferrous metals, including, but not limited to motor vehicles, engines, boilers, tools, and other machinery or parts thereof, as well as paper, wood, rubber, plastic, and other natural, synthetic and manufactured resources for on-site or off-site recycling and resale purposes.

Rehabilitation shall mean, as defined by the Secretary of the Interior's standards, "the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values."

Religious institution(s) means church, synagogue, or other structure(s) in which worship services pertaining to a particular system of religious beliefs are held. Wherever the term "church" is used in this chapter the term "religious institution" shall also apply.

Restoration shall mean, as defined by the Secretary of the Interior's standards, "the act of accurately recovering the form and details of a property and its setting as it appeared at a particular time by means of removal of later work or the replacement of missing earlier work."

Right-of-way (ROW) shall mean the combined public area dedicated to circulation in both vehicular and streetscape terms.

Roof shall mean the exterior top covering of a building.

Roof overhang shall mean the overhead features of an architectural element beyond the building wall such as balconies and roofs.

Roof slope shall mean the angle of a roof.

Rooftop equipment shall mean all machinery and equipment located on the roof of a structure.

Rooming house shall mean a residential building with three (3) or more sleeping rooms for lodgers, and wherein no dining facilities are maintained for the lodger, as distinguished from a boarding house.

Setbacks shall mean the minimum distance between the lot line and the nearest exterior wall surface of the structure or any projection thereof, but excluding steps or terraces. Where the eaves of roofs or balconies extend more than twenty-four (24) inches beyond the exterior building walls, setbacks will be measured from the limit of projection.

Setbacks, front shall mean the minimum horizontal distance between the street line and front line or side line of a building including terraces or any covered projection thereof, excluding steps.

Setbacks, rear yard shall mean the distance from the rear property lines to the nearest exterior wall surface of any structure.

Setbacks, side shall mean the distance from the side property lines to the nearest exterior wall surface of the structure.

Shared parking shall mean parking spaces that are shared by more than one (1) use or building.

Shared parking agreement shall mean an agreement which permits a reduction in the total number of required parking spaces when a parcel is occupied by two (2) or more uses which typically do not experience peak parking demands during the same times, or when two (2) or more abutting properties have shared access agreements and do not experience peak parking demands during the same times. Excess parking in an abutting commercial use that enters with a commercial development into a cross-access agreement may use a portion of the excess parking of the abutting property with approval of the development services department.

Side lot lines, side, side line, or words of similar import shall mean or refer to any boundary line or any lot or tract which is not the front lot line or rear lot line.

Sidewalk café shall mean an open air dining use located on a public sidewalk or portion of the public right-of-way in the Krome Avenue corridor, within the city's arts, entertainment and antiques district, in conjunction with and ancillary to a restaurant.

Special exceptions are those uses that are generally compatible with the other uses permitted in a zoning district, and may be essential or desirable for the orderly development of the city and for the public convenience or welfare. However, these uses require individual review of their location, design, configuration and intensity and density of the use and structures, and may require the imposition of conditions related to these aspects of development in order to ensure the appropriateness and compatibility of the use at a particular location.

Special use permits shall mean a variance of a type that is for a special purpose, granted to one (1) applicant that expires with the abandonment of the purpose by the applicant, the transfer of the property to a subsequent owner without the administrative approval of the City of Homestead, or upon the failure to timely apply and have issued to the applicant or the subsequent owner, a local business tax receipt for the operation of that particular business.

Staff shall mean the city's director of development services and, where applicable, the development review committee members or their designees who, in their respective professional capacities, process and review applications for development orders (such as special exceptions, variances, and re-zonings) for conformance with the Code's requirements.

Staff report shall mean the conclusions and recommendations reached by staff in their review of any application for a development order. Where the city council considers an application for a development order that has been considered by a reviewing city advisory board, the staff report shall clearly indicate the conclusions and recommendations of the advisory board separate and distinct from staff's conclusions and recommendations. The staff report may consist of one document containing its conclusions and recommendations in addition to those of a reviewing advisory board, or staff may file a separate report indicating the conclusions and recommendations of the reviewing advisory board. The decision of whether to provide a consolidated report shall be made by the director of the development services department who shall take direction from the appropriate advisory board when given.

Storefront shall mean a facade facing a public right of way that has glazed openings, at least one (1) entrance, and the ability to function as an independent store without any exterior modification.

Streetscape shall mean the publicly held area between vehicular lanes and lot line.

Structure shall mean anything constructed, installed or portable, the use of which requires a location on a parcel of land, but not including landscaping or awnings.

Structural alterations shall mean 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.

Submission shall mean a complete filing as prescribed by this chapter of an application for approval of a proposed development for which approval may be required under this chapter, along with any required fee.

Temporary event shall mean an event lasting not more than two (2) consecutive weeks during one (1) calendar year. The determination of whether an event is temporary may be made by the director of development services.

Temporary special use permit shall mean a variance of a type that is for a special purpose, granted to a purchaser of property that is the subject of an existing special use permit, for a limited period of time and under the same conditions and restrictions set out in the original special use permit.

Trailer park shall mean an area designated by the city council as a permissible site for temporary location of a mobile residence or residence or trailers used as dwellings, and subject to specific regulations.

Transit stop shall mean a designated location that provides passengers access to the transit system and/or a point of transfer between transit routes.

Transit feature shall mean an amenity or architectural feature located at a transit stop that provides passengers of the transportation system with assistance and protection, for example, shelters and route maps and features or amenities scaled for passengers use such as trash receptacles, light poles, stops, benches and others.

Under air shall mean habitable space provided within a dwelling unit. Such habitable space shall exclude garages, unenclosed and enclosed patios, storage sheds, tool sheds, etc.

Unnecessary hardship shall mean a non-self created characteristic of the property in question which renders it virtually impossible to use the land for the purpose or in the manner for which it is zoned. Economic hardship shall not be a basis for the grant of a variance.

Usable common recreation and open space shall mean the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as common recreational or open space. It may be in the form of active or passive recreation areas, including but not limited to playgrounds, fields, golf courses, water frontages, nature trails, lakes, and wetland areas.

Usable floor area shall be measured to the exterior face of the exterior walls on the first story and any other story which is connected by a fixed stairway or elevator, and which may be made usable for human habitation and includes the usable floor area of all accessory buildings measured similarly, but excludes the floor area of heater rooms, mechanical equipment rooms, attics, unenclosed porches, light shafts, public corridors, public stairwells and public toilets.

Utilities refer to the urban infrastructure, exclusive of transportation, that includes gas, water, sewer, electricity, telephone, fiber optics, etc.

Vernacular style shall mean building styles that do not follow any particular formal architectural style.

Window sign shall mean any sign attached inside a window or door.

Yard shall mean an open space in the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided therein. 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 between the front and rear yards, or if no front yard exists, between street line and rear yard.

Zero lot line shall mean development involving the placement of a residential structure on the lot line, notwithstanding normal setback requirements.

Zoning variance shall mean a variance from the terms of land development regulations as will not be contrary to the public interest where owing to conditions unique to the site, a literal enforcement of the provisions would result in an unnecessary hardship.

(Ord. No. 73-10-46, § II, 12-18-73; Ord. No. 79-11-74, § 1, 11-19-79; Ord. No. 80-07-53, § 1, 7-21-80; Ord. No. 83-07-42, § 1, 9-6-83; Ord. No. 87-09-71, § 2, 10-5-87; Ord. No. 95-05-25, § 1, 6-5-95; Ord. No. 00-05-15, § 2, 6-5-00; Ord. No. 2003-06-23, § 16, 6-23-03; Ord. No. 2003-06-24, § 2, 6-23-03; Ord. No. 2004-02-09, § 3, 3-15-04; Ord. No. 2005-06-22, § 2, 7-5-05; Ord. No. 2006-08-34, § 2, 3-7-06; Ord. No. 2007-08-25, § 3, 8-6-07; Ord. No. 2007-08-26, § 13, 8-6-07; Ord. No. 2009-03-09, § 3, 3-16-09; Ord. No. 2012-05-10, § 2, 5-16-12; Ord. No. 2013-03-08, § 3, 3-20-13; Ord. No. 2013-12-25, § 2, 12-18-13; Ord. No. 2014-04-04, § 2, 5-21-14; Ord. No. 2016-02-04, § 2, 2-17-16; Ord. No. 2018-09-18, § 2, 9-26-18; Ord. No. 2019-09-13, § 3, 9-25-19; Ord. No. 2023-07-18, § 2, 7-26-23; Ord. No. 2025-06-20, § 2, 6-18-25)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

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 the over-crowding 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 hereby adopted and established an official zoning ordinance for the city.

(b)

Future development is to have as major goals the enhancement of the city's position as the Gateway to the Everglades and Biscayne National Parks and the Florida Keys including the Pennekamp Reef and as the service area for South Dade's unique semitropical agricultural industry; and the advancement of environmentally compatible industry.

(c)

In making zoning changes, greater concern shall be given to the protection of residential uses, where occupancy is generally for twenty-four (24) hours per day and seven (7) days per week, than to other types of uses. Greater consideration shall be given to the protection of established conforming investments than to projected investments. Normally, land should not be rezoned to another use until the utilities and other necessary improvements are included in a five-year projection of the planned capital improvements, or are to be provided or funded by the property owner. Variances shall be approved only upon the basis of unnecessary hardship not a necessary hardship and rezoning or district boundary changes shall not involve spot zoning. Changes should encourage future beneficial use, and not the sale of land for mere speculation.

(d)

No structure shall be used or occupied or any existing use enlarged or any new regulated use made of any land, body of water, or structure, without first obtaining a certificate of use and occupancy therefor from the building and zoning department or a license has been approved by the building and zoning department.

(Ord. No. 84-09-65, § 1, 9-17-84; Ord. No. 87-09-71, § 1, 10-5-87)

Editor's note— Ord. No. 2001-09-31, § 1, adopted Sept. 19, 2001, repealed § 30-3, Certain developers to donate land to city, derived from the 1975 Code, § 2-19.2. Current provisions concerning such subject matter are set out at § 6-501 et seq. of this Code.

(a)

It shall be unlawful for any person within the corporate limits of the city to either lease or sell commercially zoned property to any person without first advising the prospective lessee or buyer, in writing, as to the current zoning classification of the property and as to the status or existence of any special use permits or special exception permits currently held by lessor or seller.

(b)

If such premises should become vacant prior to lease or sale the lessor or seller shall post, in a conspicuous place at the property, information pertinent to the current zoning classification and special use or special exception status, if any. This information shall be presented in clear legible type or lettering so as to give effect to the intent of this section that all prospective lessees or buyers of such property be fully informed as to the permissible uses of the property under all applicable ordinances of the city.

(Code 1975, § 29-114; Ord. No. 2003-06-23, § 16, 6-23-03)

In interpreting and applying the provisions 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. 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, or covenants or agreements, the provisions of this chapter shall control. If because of error or omissions 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 "G" (General Use).

(Ord. No. 73-10-46, § XXVII, 12-18-73)

The Homestead Comprehensive Airport Zoning Ordinance, regulating and restricting the height of structures and natural growth and regulating the use of land and mode of construction of structures within noise impacted areas in proximity of Homestead Air Force Base, enacted by Ordinance Number 2010-09-25, adopted Sept. 22, 2010, is hereby incorporated herein by reference as if fully set out in this Code.

(Ord. No. 91-08-66, 8-19-91; Ord. No. 2010-09-25, §§ 1—3, 9-22-10)

Editor's note— The comprehensive airport zoning ordinance adopted in § 30-6 is on file and available for inspection in the offices of the city.

Cross reference— Aviation, Ch. 5.