For the purpose of these land development regulations, certain words and terms are to be interpreted as herein defined unless specific and different meaning is clearly indicated in the context of specific use. Words used in the present tense include the future, the singular number includes the plural and the plural the singular; the word "shall" is always mandatory and not merely directory, while "may" is directory and not mandatory; the words "designed for" include the meaning "used for"; the word "structure" includes the word "building," and "building" the word "structure"; the words "area" and "district" may indicate and include the meaning of "zone."

(1)

Reserved.

(2)

Accessory use: A permitted subordinate use of the land and permitted facilities, located on the same building site, or residential site and clearly necessary and customary to the principal use.

(3)

Accumulation: Any one or more articles of material or litter.

(4)

Acre, gross: The horizontal area of land as measured in units of acres, which:

(a)

Includes the building site, and adjacent street and alley rights-of-way (as measured from and perpendicular to the centerline of right-of-way to the right-of-way boundary line); and

(b)

Includes onsite and adjacent easements which are derived from the parent parcel. (For easements resulting from adjacent parcels, only that portion attributable to the benefit of the subject parcel may be used.)

(c)

Excludes limited access public road rights-of-way and waterways.

(5)

Acre, net: The horizontal area of land as measured in units of acres, which:

(a)

Includes the building site.

(b)

Excludes all portions of dedicated streets, roadways, alleys, waterways, canals, lakes, or any such dedicated rights-of-way by whatever name known.

(6)

Airspace: That portion of a lot or other lands or bay in the village which exists above the maximum building height, and which is subject to land use and other administrative and public safety jurisdiction of the village which prohibits its use for other than approved transportation and communication purposes or minor building structures accessory to or part of a principal building or accessory building, or utility and public safety structures. Portions of such airspace may also be regulated by one or more agencies of the government of the United States of America. Where such federal jurisdiction exists, the village reserves the right to enforce its regulations where such enforcement is more restrictive and not otherwise prohibited by federal law.

(7)

Boat: Includes every description of watercraft, ships, barges, airboats and boating structures used, or capable of being used, as a means of transportation on or under water. (Also includes the term "vessel.")

(8)

Building: Anything constructed, maintained, or intended to be used for the shelter, or enclosure of persons, animals, or property of any kind, the use of which demands a permanent location on the land; anything attached to something having a permanent location on the land. This definition includes tents, awnings, or vehicles, or equipment situated on private property and serving, intended to serve or prepared to serve in any way the function of a building.

(9)

Building lot coverage: The horizontal area of a lot covered by all buildings.

(10)

Reserved.

(11)

Building envelope: The three-dimensional shell surfaces or perimeter surfaces established by the building site setbacks, height limits, and minimum building elevation.

(12)

Building height, maximum: The vertical distance measured from the lowest habitable room finished floor elevation (excluding garages) to the highest ridge of the roof.

(13)

Building, lowest occupied finished floor elevation: The vertical distance to the top of the finished floor of the lowest occupied level or floor within a building, as expressed in feet relative to the North American Vertical Datum 1988.

(14)

Building site: A site for the construction of a building, comprised of a specific area of ground not less than one lot in size, boundary and extent, which is or may be occupied by buildings as provided by this regulation, including the unoccupied space and yards required by this chapter. Such site may include a lot, or a lot plus portions of other lots, provided such sites fully comply with all regulations of the village including but not limited to setbacks, yards, landscaping and building envelope.

(15)

Bulkhead: A structural wall and foundation system constructed adjacent to or within the water to retain or resist the lateral displacement of the water at its seaward face and retain the land behind it. For the purpose of this chapter the bulkhead shall be regarded as forming a boundary line of Indian Creek Village from which portions of the municipality's corporate limits are measured as elsewhere established (generally 15 feet seaward from the bulkhead) and the front line of all residential lots.

(16)

Carport: See garage.

(17)

Caretaker residence: An accessory dwelling unit used exclusively by the owner, manager, or operator of a principal permitted use and which is located on the same building site as the principal use.

(18)

Community facility: The building, structure, and/or improvement over, on or under the land which was constructed and which serves the people of the village for village activities of an open nature and/or restricted for safety, security and privacy purposes.

(19)

Construction contractor: All persons, firms or corporations engaging in any construction work as herein defined, their subcontractors, agents and employees.

(20)

Construction screening: A temporary fence with screening of sufficient opacity and height to shield neighboring residents and the public from demolition and construction sites.

(21)

Construction work: Includes the building and erection of any dwelling, clubhouse, or any other structure whatsoever, either intended for pleasure, recreational or residential purposes, and shall also include the repair, renovation, alteration, remodeling, removal, demolition, or razing of any buildings or structures.

(22)

Council: The Village Council of Indian Creek Village.

(23)

Crown grade: The topographic elevation of the average point of the crown or cross section of the street pavement abutting the front of a lot.

(24)

Developed land: Shall mean land upon which structures or facilities have been constructed.

(25)

Development: Shall mean any proposed activity or material change in the use or character of land, including, but not limited to, the placement of any structure, utility, fill, or site improvement on land, and any act which requires a building permit.

(26)

Development order: Any regulatory action taken in official capacity which establishes an authority for all or any portion of a project of improvement and/or renovation to proceed toward its specific conclusion. Typical development orders include, but are not limited to zoning changes taken in preparation for a specific development, building permits, final site plan approval, clearing and grubbing permits, site preparation permits, foundation permits, and water management permits.

(27)

Domestic water system: The water and its transport, distribution, application and measurement and control system for water intended for support of interior household uses, including cleaning of facilities, sanitary waste disposal, potable water, personal hygiene, baths, showers, interior pools, fountains, and like uses other than uses limited to irrigation water uses.

(28)

Drainage system: The natural and manmade materials and facilities which act together to hold, filter, process, control, collect, transport, direct and otherwise manage water and its contents in solution, suspension and/or conveyed on and over the surface of the land to disperse rainwater from areas upon which it falls to areas designated for receipt of such waters.

(29)

Dwelling unit: Any place of abode which is suitable for residential use and which is complete in its accommodation for habitation. Each such dwelling unit shall include spaces which provide facilities for sleep, eating, hygiene, and activity normal to living quarters of an entire household or housekeeping unit or family. Each such dwelling unit shall be considered as single and separate for the purposes of this regulation.

(30)

Easement: An area designated by the parties in interest within which the owner authorizes use by another for specified purposes. Typical of such purposes is construction, operation and maintenance of public and private utilities and access across private property.

(31)

Family: One or more persons occupying the premises and living as a single housekeeping unit, including household, domestic and personal staffs, and considered as occupying a single dwelling unit.

(32)

Fence: A barrier of posts, wire, rails, boards, metal sheets or other material (excluding trees, shrubs and hedges) which generally includes openings of varied sizes which may inhibit selected views or not while remaining a physical barrier and used as a boundary or means of protection or confinement or decorative element to define space.

(33)

Foreign material: Waste from the use, operation, maintenance, construction or demolition of buildings and/or grounds and includes such materials as sand, stone, brick, wood, concrete, metal, plaster, concrete or plaster block, paving, roofing, pipe, shingles, lawn renovation debris, sod, dead sod, tree stumps, discarded furniture, household appliance items, and unused or unattended and abandoned trailers, boats, golfcarts, and gardeners' equipment, and like materials.

(34)

Garage(or carport): An enclosed or semi-enclosed area used for the storage of automobiles and other vehicles used for personal purposes only, and, within enclosed areas only, for storage of household materials.

(35)

Garbage: Everyday waste accumulation of organic, animal or vegetable matter.

(36)

Golf course and country club: The private golf course and country club within the village, the use of which is restricted through limitations of zoning, its charter and operation to members and their guests.

(37)

Gross floor area: The measurement of the accumulated horizontal floor area included within the exterior face of the exterior walls enclosing interior space, cumulatively inclusive of all spaces, on all floor levels. Open porches, garages, carports, covered walkways, and loggias shall not be counted as gross floor area but shall be counted towards impervious area calculations.

(38)

Guest: A non-resident individual or group who visit a residence or the golf course and country club at the express invitation and continued sponsorship of the resident or the golf course and country club or its members without fee or charge, the duration of which visit is less than that established for residency.

(39)

Hazardous waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed.

(40)

Highway: Shall mean any public thoroughfare, including streets, and roads designed for motor vehicles.

(41)

Historic resources: All areas, districts or sites containing properties listed on the Florida Master Site File, the National Register of Historic Places, or designated by a local government as historically, architecturally, or archaeologically significant.

(42)

Household trash: Everyday waste accumulation of paper, sweepings, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.

(43)

Impervious area: That portion of the 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, driveways, sidewalks, parking areas, swimming pools and athletic courts. Impervious area shall be a maximum of 45 percent of the building site.

(44)

Irrigation water system: The water and its transport, distribution, application and measurement and control system for water intended for support of plants, lawns, landscaping, cleaning of facilities, operation of pools, fountains, and like uses other than uses limited to domestic water uses.

(45)

Landscape area: That portion of the building site, measured in square feet, which is reserved for the installation, operation and maintenance principally of living plant materials including trees, shrubs, hedges, ground cover, lawns, and essential and/or decorative accessories and support facilities including but not limited to ponds, fountains, irrigation, statuary, walls, lighting, electrical systems, as permitted within the village. Landscape area shall be a minimum of 55 percent of the building site.

(46)

Landscape replacement plan: Shall mean a drawing by a professional landscape architect registered in the State of Florida containing proposed tree removal, tree replacement planting, tree relocation and preservation areas.

(47)

Level of service (LOS): An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. Said public facilities include water supply, sanitary sewer, solid waste roadways, park and recreation and drainage.

(48)

Litter: All forms of household trash, garbage and refuse which, if deposited within the village other than in a container or receptacle designated for such purpose, tends to create a danger to public health, safety and welfare or adversely affecting the aesthetic appearance of the village.

(49)

Live-aboard boat: Is any boat which includes:

(a)

Any boat used principally as a residence;

(b)

Any boat represented as a place of business, a professional or other commercial enterprise, or legal residence, and providing or serving on a long term basis the essential services or functions typically associated with a structure or other improvement to real property, and, if used as a means of transportation, said use is clearly a secondary or subsidiary use; or

(c)

Any boat used by any club or any other association of whatever nature when clearly demonstrated to serve a purpose other than a means of transportation.

(50)

Lot: One of the specific numbered, lettered or otherwise designated parcels of land into which Indian Creek Village is subdivided, including residential parcels, golf and country club and golf course and lagoon site, road and bridge rights-of-way, mainland roadway and bridge approach sites. This definition excludes other parcels designated by means other than land subdivision, including the village hall site, utility and drainage easements, access easements, police office and gate house site leases, and similar community facilities sites.

(51)

Motorboat: Is any boat which is propelled or powered by machinery which consumes energy from electrical systems or chemical or nuclear reaction and not from the wind as with sailboats, or human energy as with rowboats.

(52)

Reserved.

(53)

Nuisance: Shall mean and include the use of any property, facilities, equipment, processes, products or compounds, or the commission of any acts or any work that causes or materially contributes to:

(a)

Adverse environmental impact to environmentally sensitive tree resources.

(b)

Cumulative adverse environmental impact to environmentally sensitive tree resources.

(54)

Objective: A specific, measurable, intermediate end that is achievable and marks progress toward a goal.

(55)

Parcel: A certain contiguous land area the extent of which is established by lease, easement, subdivision, or occupation.

(56)

Pervious area: That portion of the building site, measured in square feet, which is open to penetration of water from the surface downward into the ground, both into the topsoil as well as the deeper natural supporting subsurface rock, sands, and soils. Pervious area shall be a minimum of 55 percent of the building site.

(57)

Policy: The way in which programs and activities are conducted to achieve an identified goal.

(58)

Potable water system: The water and its transport, distribution, application and measurement and control system for water.

(59)

Preservation area: Shall mean portions of a site that are to be protected from any tree or understory removal (except as required by the village) and maintained without any development.

(60)

Principal building: A building which is designed and used for the main or primary use for which the land has been designated.

(61)

Principal use: A permitted use of the land and permitted facilities, located on the same building site, or residential site and clearly central and primary to the permitted use of such land.

(62)

Protective barrier: Shall mean a temporary fence or other structure built to restrict passage into an area surrounding a tree or stand of trees for the purpose of preventing any disturbance to the roots, trunk or branches of the tree or trees.

(63)

Refuse: Solid waste accumulations consisting of garbage and/or trash.

(64)

Regulatory and permitting authority: Shall mean all agencies which have duties to review development proposals and issue permits and that have authority superseding that of the village pursuant to Florida Statutes. Such agencies shall include, but are not limited to, Miami-Dade County: a) Landscape Ordinance (Chapter 18A); b) Environmental Protection Ordinance (Chapter 24); c) Water and Sewer System Regulatory Ordinance (Chapter 32); South Florida Water Management District; Department of Economic Opportunity; Florida Building Code; and FEMA.

(65)

Relocated tree: Shall mean a tree which has been transplanted pursuant to this chapter and which continues to be viable at least one year after transplanting.

(66)

Residence: The act, use and structures and land used to provide a full range of support facilities and shelter for daily life activities.

(67)

Residential site: A building site comprised of a specific area of ground not less than one lot in size, boundary and extent, fronting both on a street and waterway, which is or may be occupied by one principal building and two accessory buildings, including the unoccupied space and yards required by this chapter.

(68)

Sailboat: Is any boat whose principal source of propulsion is the natural wind.

(69)

Setbacks: Shall mean the horizontal distance as measured from the bulkhead, street right-of-way and side lot lines to any building or projection thereof within which no building or prohibited improvement may be placed.

(70)

Single-family residence: A detached single dwelling house for the use of one family only.

(71)

Reserved.

(72)

Stagnant water: Any body of water, regardless of size, lacking flow or tidal flushing, but does not include temporary water accumulation from rain, irrigation, pumping or rising water, which is subject to gradual runoff, evaporation and drainage within a reasonable period of time, generally sufficient to avoid or prevent insect infestation, breeding, or putrification or like unhealthy condition.

(73)

State of Florida Conservation and Recreation Lands Trust Fund: Shall mean a fund established under F.S. ch. 375 (as amended from time to time) for the purposes of purchasing environmentally sensitive land.

(74)

Street frontage: The linear horizontal extent of the lot or building site boundary line parallel to and adjacent to the street right-of-way at the rear of the lot.

(75)

Reserved.

(76)

Tree: Shall mean a woody or fibrous perennial plant with a trunk having a minimum diameter breast height (DBH) of three inches or with an overall height of 12 or more feet.

(77)

Village: The municipality of Indian Creek Village including the area within its jurisdiction and within its corporate limits.

(78)

Village manager: The individual acting in the capacity of village manager for Indian Creek Village.

(79)

Wall: A barrier of opaque material, masonry, stone, plaster, lumber, plastic, sheet metal, cast concrete, or other material, which is generally solid and used as a boundary, means of protection, confinement, decorative element to define space and/or structural support for other structures.

(80)

Water frontage: The linear horizontal extent of the lot or building site boundary line parallel to and adjacent to the waters of Biscayne Bay and/or contiguous waterways.

(81)

Waterways: Canals, lakes, rivers, and related water channels which are navigable by any occupied watercraft. Waterways shall be measured by platted boundaries. If undefined by plat, then the less restrictive combination of criteria of: (a) the top of bank; and (b) the 100-year flood level, shall be used for such boundary determination as established by a Florida registered land surveyor.

(82)

Yard: An open space on the same building site with any main or accessory building, unoccupied and unobstructed from the ground upward, except for approved fences and walls.

(83)

Yard, front: The front or street side of the property shall be considered as the area extending across full width of the lot, between the front line of any main or accessory building and Indian Creek Island Road.

(84)

Yard, rear: An area between the bulkhead line and the rear line of any main or accessory building extending from one side yard to the other.

(85)

Yard, side: An area between a main or accessory building and the side property lines of the site and extending from the rear or water side of the property to the front or street side of the property.

(86)

Yard trash: Every waste accumulation of lawn, grass or shrubbery or clippings and dry leaf rakings, or the like; generally free of dirt, rocks, large branches or trunk sections (larger than 36 inches in length and two inches in diameter) and bulky or noncombustible material.

(Ord. No. 180, § 1, 5-7-2007; Ord. No. 205, § 3, 9-4-2012; Ord. No. 215, § 2, 5-5-2015; Ord. No. 225, § 3, 9-8-2020)