(a)

For the purpose of these Regulations, certain terms used herein are herewith defined. The following general rules of construction shall apply to the Regulations of this Code:

(b)

The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

(c)

Words used in the present tense include the past and future tenses, and words used in the future tense include the present tense.

(d)

The word "shall" is mandatory, the word "may" is permissive.

(e)

The word "Building" or "Structure" includes any part thereof, and the word "Building" includes the word "Structure."

(f)

The word "Lot" includes the word "Plot" or "parcel" or "tract" or "site."

(g)

The words "used" or "Occupied" include the words "intended," "designed" or "arranged" to be used or Occupied.

(h)

The words "Required Yards" or "minimum Required Yards" and "minimum Yards" includes the word "Setback."

(i)

When this Code refers to other ordinances, codes or statutes the reference shall imply the most up-to-date ordinance, code or statutes, as amended.

(j)

Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

(k)

The word "land" shall include water surface and land under water.

(l)

Any Use which is lawfully existing as a Main Permitted Use, Conditional Use or Accessory Use at the time of the adoption of an ordinance that would render it a Prohibited Use, shall become a lawfully Nonconforming Use, subject to the limitations on such Uses contained in sections 3-29 and 3-30 of this Code.

(m)

If a Use is specifically listed then it takes preference over general applications or interpretations of these Regulations. If a Use is listed as a permitted Use in a district then to be considered as a permitted Use in another district, it must also be specifically listed.

(n)

When this ordinance refers to a "Director," the referral shall automatically include the Director's "designee" unless specifically otherwise stated.

(o)

Words of any gender shall be deemed and construed to include correlative words of the other gender.

(p)

The symbol > means "more than" and the symbol < means "less than". When these symbols are underlined, it means "or equal to."

(q)

When a word is not defined in Section 30-11 below, definitions in dictionaries shall apply.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

[As used in this chapter, the following words and terms shall have the meanings respectively ascribed:]

Abutting or Adjacent Property. Property that is immediately contiguous to property that is subject to review under these Regulations or property that is located immediately across any road or public Right-of-Way from the property subject to review under these Regulations.

Access. The principal means of ingress and egress to a Lot from a publicly dedicated Right-of-Way.

Access Waterways. A Waterway that is developed or constructed in conjunction with the development of real estate for the purpose of providing Access by water to Lots.

Accessory Building or Structure. A subordinate Building or Structure on the same Plot with, or a part of, the main Building, which is Occupied by, or devoted to, an Accessory Use.

Accessory Use, Building or Structure. A Use or Structure subordinate to the Principal Use of a Building or parcel of land, on the same or contiguous to that parcel of land and serving a purpose customarily incidental to the Use of the principal Building or parcel of land.

Adult Entertainment Establishment. An adult theater, an adult video/bookstore, an adult performance establishment, a commercial physical contact parlor, or an escort service operated for commercial or pecuniary gain, regardless of whether such Establishment is licensed under this code. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. An Establishment which has a Local Business Tax Receipt or an Establishment which advertises itself as a type of Adult Entertainment Establishment shall be presumed to be "operated for commercial or pecuniary gain".

Alterations. Any change in size, shape or character of construction of a Building, Structure, or Sign.

Antique. An object having special value or significance because of its age, and belonging to, made in, or typical of an earlier period of history.

Apartment Building. A Building with or without resident supervision Occupied or intended to be Occupied by more than two families living separately with separate cooking and sleeping facilities in each Unit.

Apartment Unit. A room or group of rooms, Occupied or intended to be Occupied as separate living quarters by one Family and containing independent cooking and sleeping facilities.

Assigned Resident. Any Person residing within a residential care facility other than foster parents and their natural or adopted children and designated supervisory personnel.

Attic Story. A space under a sloping roof in which the line of intersection of the Roof Structure and the Wall face does not exceed four feet as measured from the finished floor. Not more than two-thirds of the Floor Area of said Story may be finished for use.

Automatic or Coin-Operated Service Trade Machine. Any machine or device other than an amusement device, Vending Machine, or juke box, such as a laundry washing machine or drying machine.

Automobile Repair, Major. General automobile repair, rebuilding or reconditioning of engines, motor vehicles or Trailers; collision service including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

Automobile Repair, Minor. Simple automotive repair which can be accomplished entirely within an enclosed Structure, including but not limited to minor motor tune-up and repair, upholstering, tire repair and replacement and muffler installation, but not including any operations listed under Automobile Repair, Major, or any other operation similar thereto.

Availability or Available. With regard to the provision of facilities and services concurrent with the impacts of Development, means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2), Florida Administrative Code. (Definition used for Concurrency Determinations).

Average Lot Width. The average of the width of the Lot at the front and rear property lines.

Awning. Hood or cover which projects from the Wall of a Building to afford protection from sun or rain for pedestrians or vehicles.

Balcony or Terrace. A platform that projects from the Wall of a Building and has a Parapet or railing. The platform may service one Unit or it may be a continuous platform serving more than one Unit with a Wall separating the platform between the Units. It may or may not have a roof.

Bar. Any place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages, or any place where any Sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the Premises.

Base Flood Elevation (BFE). The Base Flood Elevation of a property as established by the Village's Flood Protection Ordinance.

Basement. That portion of an elevated Structure below the BFE, existing solely due to the structural design of the elevated Structure and as such being non-finished for habitation.

Bed and Breakfast Inn. A Structure originally built as a single Family residence which is owner Occupied and operated to provide guest rooms with breakfast and/or dinner included as part of the room rate.

Billboard. A Sign, normally mounted on a Building Wall or freestanding Structure, with advertising Copy which refers to something other than the name and primary character of the business on the Premises where it is located or is located on a remote site from service or site referred to by the Sign Copy.

Building. Any Structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of Persons, animals, chattels, or property of any kind. This definition shall include tents, Awnings, or vehicles situated in private property and serving in any way the function of a Building but is not intended to permit such Structures other than where expressly allowed under this Code.

Building Line. The limits of building for a specific Lot as established by the principal building Setbacks.

Building, Zoning, and Planning Director. That individual appointed by the Village Manager as the Director of the Building, Zoning, and Planning Department.

Bunting. A temporary Sign made of gathered cloth, canvas, light fabric or plastic.

Cafe, Outdoor (Outdoor Dining Facility). A Use located on private property that is characterized by outdoor table service of food and beverages that are prepared in an adjacent or attached restaurant for consumption on the Premises. It is characterized by tables and chairs and may be shaded by Canopies, Awnings, or umbrellas.

Cafe, Sidewalk. A Use located in the public Right-of-Way that is associated with a restaurant where food or beverages are delivered for consumption on the Premises (but not having cooking or refrigeration equipment). It is characterized by tables and chairs and may be shaded by Canopies, Awnings or umbrellas.

Canopy. An Awning over a Building entrance that extends to the edge of the adjacent Right-of-Way.

Carport. A roofed Structure which is completely open, except for supporting columns (may include knee wall, maximum height 2.5 feet), on two sides and attached to or detached from the main Building, designed and used for the purpose of providing shelter for one or more motor vehicles.

Carport Canopy. A Structure of lightweight wood or metal construction which is covered by trellis, canvas, or similar lightweight sheathing for the purpose of providing shade to one or more vehicles. Carport Canopies, as defined herein, are limited in height to ten feet above the Maximum Lot Elevation and limited in area to 300 square feet.

Change of Occupancy. A discontinuance of existing Use and the substitution therefore of a Use of a different kind or class. Change of Occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of Use.

Chief Code Enforcement Officer. Includes any Village employee working under the authority and direction of the Building, Zoning, and Planning Director.

Club, Private. Nonprofit association or organization of fraternal or social character.

Club, Night. A restaurant, dining room, Bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment are provided.

Commercial Uses. Any activity where there is an exchange of goods or services for monetary gain. Such activities include but are not limited to Retail sales, offices, eating and drinking facilities, theaters and similar Uses.

Communication Tower, Cellular. A Tower that is designed and used for the purpose of sending and receiving cellular telephone calls. Included in this definition is the actual Tower and any Accessory Building used to house necessary communication equipment.

Communication Tower, Monopole. A Cellular Communication Tower that consists of a single pole set in a concrete foundation, and having the sending/receiving equipment mounted at the top of the pole.

Communication Tower, Three-Sided. A self-supporting Cellular Communication Tower that has three sides, no guy wires, and the sending/receiving equipment mounted at various locations on the Tower.

Community Residential Home. Any Building or Buildings, section of a Building, or distinct part of a Building, residence, private home, or other place, whether operated for profit or not, which is licensed and/or monitored by the State Department of Children and Families (or any successor agency) to provide a Family living environment (including supervision and care necessary to meet the physical, emotional and social life needs of one or more Assigned Residents not related to the owner or administrator by blood or marriage).

Completely Enclosed Building. A Building separated on all sides from adjacent open space, other Buildings or other Structures by a permanent roof and by exterior Walls or party Walls, pierced only by windows and normal entrance or exit doors.

Concurrency. The requirement that necessary public facilities and services to maintain the Village's adopted level of service standards are Available when the impacts of Development occur.

Concurrency Determination. A determination as to whether required facilities and services needed to support Development will be Available concurrent with the impacts of such Development.

Conditional Use. A Use that is not generally appropriate in a district, but would be appropriate if it is consistent with the review criteria.

Convalescent Home. A Building, or portion thereof wherein for compensation, living accommodations and care are provided for Persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for Persons requiring further institutional care after being discharged from a hospital other than a mental hospital.

Cooking Facilities. Any device used for food preparation, specifically to cook, heat, or defrost food. Such devices may include, but should not be limited to, a wet-bar sink, a microwave, or toaster.

Copy. The wording on a Sign surface either in permanent or removable letter form, including trademark emblems or reproductions.

Deck. A platform located below the Base Flood Elevation whose horizontal surface is attached to the ground.

Dedication. A grant for designated public use.

Density. The maximum number of Units per acre, which can be developed on a parcel of land (measured to the property lines).

Department of Transportation Standards. Includes the term State Standards and as used herein shall refer to the Florida State Department of Transportation's Standard Specifications for Road and Bridge Construction as currently adopted and in use.

Developer. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these Regulations. Inasmuch as the Subdivision Plat is a necessary means to the end of assuring a satisfactory Development under the terms of the Village Code, the term Developer is intended to include the term Subdivider, even though the Persons involved in successive stages of the project may vary.

Developer's Engineer. A professional engineer registered in this State, and engaged by the Developer to plan and supervise the construction of the work required under these Regulations.

Development. That meaning given in F.S. § 380.04.

Development Permit. Any building permit, Use approval, Subdivision or Plat approval, Site Plan approval, Development Review Committee Order, rezoning, Conditional Use, or other official action of a unit of the Village having the effect of permitting the Development of land.

Drive-In/Drive-Thru Restaurant or Refreshment Stand. Any place or premise used for the sale, dispensing or serving of food, refreshments or beverages to patrons who enter upon the premise in automobiles and receive service in automobiles, or for consumption of food, refreshments or beverages in automobiles or otherwise off premises.

Duplex or Two-Family Residence. A residence Building designed for, or used as, the separate homes or residence of two separate and distinct Families. Each individual Unit in the Duplex shall have all living room accessible to each other from within the Unit and each individual Unit is to be Occupied exclusively by one Family as a single housekeeping Unit.

Dwelling. Any Building or part thereof, Occupied in whole or in part, as the residence or living quarters of one or more Persons, permanently or temporarily, continuously or transiently.

Dwelling, Multiple Family. A Dwelling Occupied by three or more Families; a Dwelling comprised of three or more Dwelling Units.

Dwelling, One-Family. One or more rooms or Buildings physically arranged so as to create an independent housekeeping establishment or Unit for occupancy by one Family with separate toilets, and facilities for cooking and sleeping.

Dwelling, Single Family. A Dwelling Occupied by not more than one Family; a Dwelling comprised of only one Dwelling Unit.

Dwelling, Two-Family. A Dwelling Occupied by not more than two Families; a Dwelling comprised of two Dwelling Units.

Easement. An interest in land granted for limited Use purpose, but which does not convey fee title to real property.

Elevated Home. A home having all finished floors at or above BFE.

Enforcing Official. The officers and employees of the department, bureau or agency of the Village to whom the duty of enforcing the terms of these Regulations are assigned.

Erected. Includes built, constructed, reconstructed, moved upon or any physical operations on the premise required for building.

Established Grade. The Established Grade, as applied to any building site shall be the average elevation of the sidewalk abutting such building site or, if there is no sidewalk, the average elevation of the crown of the road or Street abutting such building site. Where a building site abuts more than one road and/or Street, the Established Grade shall be the average elevation of the sidewalks abutting such building site, or if there are not sidewalks, the average elevation of the crown of the road on Streets abutting such building site.

Family. Any number of individuals living together as a single housekeeping Unit and doing their cooking on the Premises, as distinguished from a group occupying a Boarding or Rooming House or Hotel.

Flag. A piece of fabric with a color or pattern that represents a government, or other organization or idea.

Floor Area. The sum of the areas of the floors of a Building or Buildings, measured from the exterior faces of exterior Walls or from the exterior face of an architectural projection, from the centerline of Walls separating two attached Buildings. The calculation of Floor Area for Unit sizes is measured from the centerline of a party Wall to the interior face of an exterior Wall.

The Floor Area of a Building shall include all areas except for those areas listed below, unless otherwise provided for in this chapter:

(1)

Accessory water tanks or cooling Towers.

(2)

Unenclosed exterior staircases or steps, exterior open fire escapes and open stairwells.

(3)

Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet six inches.

(4)

Unenclosed exterior Terraces, Balconies, breezeways, Porches, Carports, Gazebos, sheds or hallways or areas that provide Access to a Unit or Units.

(5)

Any floor space utilized for parking within an accessory off-street Parking garage. For single Family and Two-Family Structures, the Parking garage is included in the FAR calculation if the finished floor is more than two feet above the crown of the road except as set forth in subparagraph (8). If the Parking garage is the main Permitted Use, then the Floor Area of the Parking levels shall be included in the calculation for Floor Area Ratio.

(6)

Mechanical equipment rooms located above the main roof deck.

(7)

Exterior unenclosed private or public Balconies.

(8)

Floor Area located below BFE is excluded; however, if the ceiling is above BFE and the space is enclosed on more than two sides, ten percent of the horizontal Floor Area of the space below BFE is included in the Floor Area.

(9)

Exterior elevators and landings.

(10)

Chaises.

(11)

Service station or automotive repair when located in a parking garage.

In volumetric Buildings where there are no interior floors above the finished floor, the Floor Area shall be calculated as if there were a floor for every ten feet. Volumetric space between ten and 13 feet is not counted. Volumetric space above 13 feet shall be calculated as follows: Floor area = 10 percent for each one foot or fraction thereof in height × square feet of the space.

Volumetric space is not counted in the following:

(1)

In entranceways that contain 225 square feet or less.

(2)

Space between ten and 13 feet above the finished floor.

(3)

Space above stairs.

Floor Area Ratio. The total Floor Area of a Building or Buildings on a building site divided by the area of the site.

Frontage of a Property. The Plot line that abuts a Street or separates the Plot from a Street.

Front Wall. That Wall of a Building fronting a Street that contains the primary Access to the Building.

Garage, Community. A Building or part thereof, used for indoor Parking of self-propelled private passenger vehicles, for Use of residents in the vicinity.

Garage, Mechanical. A Structure for the Parking of self-propelled passenger vehicles wherein such vehicles are parked by mechanical means.

Gazebo. A detached roofed trellised-covered Structure open on at least three sides.

Grade, Elevated Building. Equal to the Base Flood Elevation.

Hazardous Substances. Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health or safety of any Person handling or using or otherwise dealing with such material or substances.

Height, Building-Maximum. As established in the Regulations governing each zoning district and shall be measured as follows: the vertical distance from the point described below to the top of the highest tie beam of the Building. The point to begin measuring the height of a Building shall be as indicated below:

(1)

Non-elevated Buildings: from the crown of the road.

(2)

Elevated Buildings: from the Base Flood Elevation (BFE).

Home, One Story. Is a home with exterior Building Wall height not exceeding 14 feet from BFE for Elevated Homes or form the grade of the lowest finished floor for Non-Elevated Homes.

Home, Non-Elevated. A home having any finished floor below Base Flood Elevation (BFE).

Hotel. A Building, or part thereof, in which sleeping accommodations are offered to the public, primarily on a short term or transient basis.

Hotel Room or Unit. A room, or group of rooms with ingress or egress, intended for rental to transients on day-to-day, week-to-week, or month-to-month basis; but, not intended for Use or used as a permanent Dwelling. The definition includes:

(1)

A sleeping room within a Hotel;

(2)

A living or sleeping room within a Dwelling, having a separate entrance from outside the Dwelling other than the principal entrance of Dwelling; and

(3)

A living or sleeping room within a Dwelling Unit of a Multiple Family Dwelling, having a separate entrance from outside the Dwelling Unit.

Institutional (Use). A Use, Building, or organization of a public character or providing a public or semi-public service.

Local Business Tax Receipt. A receipt issued by the Village as a prerequisite to the maintaining and conducting of a business, service or profession.

Local Business Tax Receipt (Restricted). Any Local Business Tax Receipt issued to a Person engaged in any business or profession whose place of business is his residence.

Lot. A parcel or tract of land designated and identified as a single Unit of area in a Subdivision Plat officially recorded in the public records of Dade County, Florida. This definition includes the terms site, platted Lot, Plot, tract or parcel and land described by metes and bounds.

Lot, Corner. A Lot at the intersection of two or more Streets, or Street and canal or Waterway.

Lot Coverage. The area of the Lot Occupied by all Buildings, covered Structures and Terraces above Maximum Lot Elevation, excluding the following: In Commercial, Office, or Multiple Family Districts, uncovered, open plazas located on the upper deck of a parking garage, so long as the upper deck is no higher than two 2.0 feet above the Base Flood Elevation constructed with an elevation at or below 3.0 feet below grade; exterior steps and landings attached to and providing a means of ingress and egress from a Building; Carport Canopies which occupy less than 300 square feet in area; Gazebos occupying a total area of up to two percent of the lot size; utility sheds; carports and porches that provide a ten foot setback pursuant to section 30-100(f)(17); planters with a maximum height of four feet above grade and patios, Decks and swimming pools that are located below the Maximum Lot Elevation. Lot Coverage shall specifically include any non-roofed areas enclosed by Walls (other than Building Walls) that exceed six feet in height and are attached to or otherwise form an integral part of a Building.

Lot, Interior. All Lots other than Waterfront Lots.

Lot, Non-Waterfront. All Lots other than Waterfront Lots.

Lot, Through. Any Lot having frontages on two parallel or approximately parallel Streets.

Lot, Waterfront. Any Lot which has direct frontage on Biscayne Bay or any other body of water within the Village boundaries.

Main Street Frontage. The length of the property line of any one Premises parallel to and along the public Right-of-Way (but in no event an alley) bordering the primary Access to the Buildings or Premises.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "Manufactured Home" does not include a "Recreational Vehicle."

Master Drainage Plan. An engineering drawing and Written report outlining the primary and secondary drainage facilities needed for the proper Development of a specific increment of the Village.

Maximum Lot Elevation. The maximum height of Lot fill as established by this chapter.

Mechanical Amusement Device. Any machine or device other than an automatic merchandise Vending Machine, Automatic or Coin-Operated Service Trade Machine, or juke box that, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for Use as a game, entertainment or amusement, whether or not registering a score; including but not limited to such devices as marble machines, mechanical grab machines, indoor shuffle boards, pinball machines, skill ball, shuffle alleys, mechanical grab machines, electronic game machines or movie machines.

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 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.

Motel. A Building, or part thereof, in which sleeping rooms and/or living accommodations are offered to the public, with no Cooking Facilities for Use by the occupants, primarily on a short term or transient basis, with Access to the individual Units from the exterior of the Building and Parking facilities for Use of occupants near their quarters.

N/A. Not applicable.

Nonconforming Structure. A Structure which lawfully existed prior to the adoption, revision or amendment of this ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the Regulations applicable in the Use district in which it is located.

Nonconforming Use. A Use or activity which lawfully existed prior to the adoption, revision or amendment of this ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the Regulations applicable in the Use district in which it is located.

Nursery School. A place for the day care and instruction of children not remaining overnight. This definition includes the term Day Nursery.

Occupied. Includes arranged, designed, built, altered, converted, rented or leased to be Occupied.

Office Building. A Structure designed to provide space for Professional Offices and service activities and providing a common Parking area or areas for tenants and their customers.

Offices, Professional. Offices which are utilized by Persons employed in a profession or occupation requiring special, usually advanced, education or skill, and not involving either sales or repair of any product or merchandise or the providing of any personal services on the Premises. Professional Offices include, but are not limited to: medicine, law, accounting, real estate, insurance, architecture, engineering, stockbroker, banking and financial, and private investigator (excluding bail bonds).

Official Zoning Map. A map adopted by the Village Council showing zoning district designations of property.

Open Space and Institutional Uses. Shall include public parks and recreation areas, schools, churches, hospitals and similar public service Uses.

Outdoor Dining Facility. A Use located on private property that has outdoor table service of food and beverages, which are prepared in an adjacent or attached restaurant, for consumption on the Premises. It is characterized by tables and chairs and may be shaded by Canopies, Awnings or umbrellas.

Package store. A vendor licensed to sell all alcoholic beverages, in sealed containers only, for consumption off the premises.

Parapet. That portion of a Wall which extends above the Roof Line.

Parking. The temporary, transient storage of private passenger automobiles used for personal transportation, while their operators are engaged in other activities. Parking shall not include storage of new or used cars for sale, service, rental or any other purpose other than specified above.

Parking Lot. An all weather surface area, not in a Street or alley, that is used for the temporary Parking of more than four vehicles.

Patio or Pool Deck. A horizontal surface, whether of wood or other construction located in the Front, Rear or Side Yard of a Lot or on the roof of a flat Structure.

Person. Includes association, firm, co-partnership, or corporation.

Personal Service Uses. Establishments that are primarily engaged in providing non-medical services involving the care of a Person, his or her apparel, or pets. These Uses include but are not limited to hair salons, laundry and dry cleaning (drop off only), pet grooming salon, shoe repair, diaper service, alterations, tailoring and jewelry repair, carpet and upholstery cleaning, photographic studios, funeral services, steam baths, reducing salons, health clubs and clothing rental.

Pervious Area. A permeable area of land within the Building Lot which permits the drainage and percolation of stormwater.

Plat. A map depicting the division or Subdivision of land into Lots, Blocks, parcels, tracts, or other portions thereof, however the same may be designated, prepared in accordance with the provisions of these Regulations and those of any applicable law and/or local ordinance, which may be designated to be placed of [on] record in the office of the Clerk of the Circuit Court of Miami-Dade County.

Plat, Final. A finished map of a Subdivision accurately showing all legal requirements of the State Plat Law and the requirements of these Regulations.

Plat, Preliminary. A copy of the Plat in sufficient form to readily compare the Plat with the master plan and construction plans.

Plot or Site. Land Occupied or to be Occupied by a Building or Use, and their Accessory Buildings and Accessory Uses, together with such Yards and open spaces as are required by these Zoning and Land Development Regulations. A Plot may consist of one or more platted Lots[,] portions thereof and/or unplatted land, abutting and not separated or interrupted by any other parcel of land, Right-of-Way or body of water. This definition includes the term Lot.

Plot, Corner. A Plot of which at least two adjacent sides abut for their full length upon Streets, provided that such two sides intersect at an interior angle of not more than 135º. Where a Plot is on a curve, if tangents through the intersections of the Lot lines with the Street lines make an interior angle of not more than 135º, such a Plot is a Corner Plot. In the case of a corner Plot with a curved Street line, the corner shall be considered to be that point on the Street line nearest to the point of intersection of the tangents herein described.

Plot, Interior. A Plot other than a Corner Plot.

Plot Line, Front. The line dividing a Plot from a Street (public road Right-of-Way). On a Corner Plot the Front Plot Line shall be that Street Plot Line in line with the front line of the adjacent Interior Plot. If this situation exists with both Street Plot Lines on a Corner Plot (reversed corner), then both such Plot lines shall be considered Front Plot Lines for applying required Front Yard Setbacks and Plot Width. On Through Plots both Front Plot Lines shall require Front Yard Setbacks (see Article III).

Plot Line, Rear. The Plot line opposite and most distant from the Front Plot Line. In the case of a triangular or gore-shaped Lot wherein the two Side Plot Lines converge in the rear, the Rear Plot Line shall be considered to be a line ten feet in length within the Plot parallel to and at the maximum distance form the Front Plot Line.

Plot Line, Side. Any Plot line other than a Front or Rear Plot Line. A Side Plot Line separating a Plot from a Street is called a side Street Plot Line. A Side Plot Line separating a Plot from another Plot or Plots is called an interior Side Plot Line.

Plot Line, Street or Alley. A Plot line separating the Plot from a Street or alley.

Plot (Site) Plan. A drawing to scale accurately showing the size and dimensions of a Plot, the size, dimensions and locations of all Buildings and Structures, Parking facilities and other paved areas, existing and proposed, the width or distance from centerline of adjoining public road Right-of-Way, and any other information pertinent to depicting the proposed physical Development of property.

Plot, Reversed Corner. A Corner Plot the side Street line of which is substantially a continuation of the Front Plot Line of the first Plot to its rear.

Plot, Through. A Plot abutting on two Streets, not at their intersection.

Plot Width. The horizontal distance between the Side Plot Lines at the depth of the required Front Yard.

Porch. An un-airconditioned roofed Structure attached to a residence which must be at least 70 percent open on each exposed side. Only supporting columns may be visible above 42 inches from the finished Porch floor level.

Porte-Cochere. A roofed Structure attached to a Building and Erected over a driveway for a Building entrance not exceeding one Story in height and open on three sides.

Premises. An area of land (Lot or unplatted tract or any combination of contiguous Lots or unplatted tracts) with its appurtenances and Buildings which, because of its Unity of Use, may be regarded as the smallest conveyable Unit of real estate.

Psychic Help Uses. Establishments primarily engaged in providing advice or counseling to Persons based on readings of objects and/or extrasensory perceptions for either guidance or entertainment. Including but not limited to fortune telling, astrology, handwriting analysis, phrenology, palm reading, tarot card reading, crystal readings, psychic counseling, numerology, and channeling. Psychic Help Uses may not be licensed as secondary or Accessory Uses where not listed as a permitted Use.

Public Utility. Includes every Person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is provided or proposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone or telegraph service to the public for compensation.

Regulation or Regulatory Control. A rule or order promulgated by the Village, or other competent authority with jurisdiction, controlling anything relative to the Use and/or Development of land, water or Structures within the Village. This may include provisions for the administration and enforcement of Regulations.

Remodeling, Redecorating or Refinishing. Any change, removal, replacement or addition to Walls, floors, ceiling and roof surfaces or coverings which do not support any beam, ceiling or floor load, and which do not affect any bearing partition columns, exterior Walls, stairways, roofs, or other structural elements of a Building or a Structure.

Restrictive Covenant. A Written agreement executed by and between a property owner and the Village of Key Biscayne, whereby the property owner agrees to certain conditions, restrictions and/or limitations on the Use, maintenance or sale of his property. Such "Restrictive Covenant" shall be recorded in the public records of Miami-Dade County, Florida and shall run with the land and shall be binding upon the property owner, his successors and assigns.

Retail. The sale of commodities or goods which are sold to the ultimate consumer.

Right-of-Way. A strip of land dedicated or deeded to the perpetual use of the public.

Right-of-Way Intersection. The intersection of private property lines at a Street intersection.

Roof Line. The top edge of the roof or the top of the Parapet, whichever forms the top line of the Building Structure.

Rooming House or Boarding House. See Lodging House.

Satellite Antenna. A device which is designed to receive broadcast Signals from earth-orbiting communication satellites, including a low-noise amplifier (LNA) and a coaxial cable for the purpose of carrying signals to the interior of a Building.

Screened Enclosure. A frame Erected of metal which framing and overhead supports are only covered with insect screening of metal, fiberglass or other approved insect screening. The framing and overhead supports of such Screened Enclosure shall be solely for the purpose of supporting such screening.

Service Station (Filling Station). Any establishment that sells, distributes or pumps fuels for motor vehicles.

Setback. The minimum horizontal distance between the Lot or property line and the nearest front, side or rear line of the Building (as the case may be), including Terraces or any covered projection thereof, excluding steps (also see Yard and Required Yard).

Shopping Center. A group (two or more) of Retail stores, service establishments or any other business, planned to serve a community or neighborhood, not necessarily under a single land ownership, which are adjacent to and utilizing a common Parking area or areas.

Sign. Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public which directs attention to a product, service, place, activity, Person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary Sign, which advertises, identifies or conveys information, with the exception of the flags of the United States, the State of Florida, and the Village. For the purpose of removal, Signs shall also include all Sign Structures.

Sign, Advertising. Any form of Sign intended to aid, directly or indirectly, in the sale, Use or promotion of a product, commodity, service, activity or entertainment.

Sign, Animated. A Sign which includes action or motion of any part by any means, including wind power.

Sign, Awning-Canopy. A Non-Illuminated Occupant Identification Sign affixed flat to the surface of an Awning or Canopy and which does not extend vertically or horizontally beyond the limits of such Awnings or Canopy.

Sign, Balloon. Any Sign which is made up of or incorporates an inflatable object.

Sign, Banner (Including Pennant, Streamer). Any Sign that is intended to be hung, either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the purpose of this article.

Sign, Box Wall. An attached Sign where the face is enclosed, bordered, or contained within a box-like structure, frame or other device. Also known as a cabinet sign.

Sign, Bus Bench. A Sign that is painted on or incorporated into the material structure of a bus bench or bus shelter.

Sign, Changeable Copy. A Sign such as a movie marquee where slots are provided on a background for changeable letters to be added.

Sign, Changing. A Sign such as an electronically or electrically controlled public service, time, temperature and date Sign, message center or readerboard, on which different Copy changes of a public service noncommercial nature are shown on the same lampbank.

Sign, Directory. A Sign at a Shopping Center or Office Building which provides general identification for the entire center or Office Building and contains specific advertising or identification for two or more tenants of the center or Office Building.

Sign, Flashing. A Sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic Changing Signs such as public service time, temperature and date Signs, or electronically controlled message centers are classified as "Changing" Signs, not "Flashing" Signs. This term does not include Electronic Message Centers.

Sign, Flat Wall. A Sign attached to or Erected against the Wall or facade of a Building, the display surface of which is parallel to the Building Wall not extending above the Roof Line of a Building except as provided in Article 8, § 8.5.A.10. of these Regulations or extending more than 12 inches from the facade of the Building to which it is attached.

Sign, Freestanding. A Sign Erected on a freestanding frame, mast or pole, and not attached to any Building or any other Structure.

Sign Height. The vertical distance measured from the Established Grade to the highest point of a Sign or its supporting Structure, whichever is higher.

Sign, Illuminated. A Sign which is lighted by any light source, internal or external, whether or not said lights are physically attached to the Sign. This definition shall not include Signs which are illuminated by Street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the Sign is located rather the Sign itself.

Sign, Instructional. A Sign which provides instructions and is located entirely on the property to which it pertains and does not in any way advertise a business, and does not exceed two square feet in area; identifying restrooms, public telephones, walkways and such.

Sign, Message Center. A Sign that has the capability of changing Copy.

Sign, Monument. A freestanding Sign permanently affixed to the ground with a maximum height of eight feet.

Sign, Movable. A Sign not permanently attached to the ground on a Building, including Sidewalk or Sandwich Signs.

Sign, Neon. Any Sign which incorporates electrified, luminous tube lights that contain rarefied neon or other gases.

Sign, Nonconforming. A Sign or Sign Structure which was lawfully Erected and maintained prior to such time as it came within the purview of these Regulations and any amendments thereto, and which fails to conform to all applicable Regulations and restrictions.

Sign, Non-Illuminated. A Sign that is not illuminated.

Sign, Occupant Identification. A Sign which is limited to the name, address and number of a Building, institution or Persons, and to the activity carried on in the Building or institution.

Sign, Off Premises. A Sign identifying, advertising, or directing someone to a business, Person, activity, goods, products or services, located at a different location or Premises from where the Sign is installed and maintained.

Sign, Painted Wall. A Sign painted on any outside Wall of a Building.

Sign, Permanent Political. A Political Sign that requires a permit and must comply with all requirements of the South Florida Building Code and Sign Regulations of the Village.

Sign, Pole or Pylon. A Freestanding Sign permanently affixed to the ground with a maximum height of 16 feet.

Sign, Political. A Sign that expresses a comment on a matter of public interest.

Sign, Projecting. A Sign other than a Flat Wall Sign which is attached to and projects from a Building or Structure face at any angle.

Sign, Public Service Information. A Sign which provides general public service information, such as time, date, temperature, weather, directional information, community events, but no business identification advertising.

Sign, Roof. A Sign Erected over or on the roof or extending above the Roof Line, which is dependent upon the roof, Parapet or upper Walls of any Building or portion thereof, for support.

Sign, Sidewalk or Sandwich. A Moveable Sign located in the public Right-of-Way or on private property.

Sign, Snipe. A Sign which is tacked, nailed, posted, glued or otherwise attached to trees, poles, stakes or fences or to other objects with the message appearing thereon not applicable to the present Use of the Premises or Structures upon which the Sign is located.

Sign, Temporary Political. A Political Sign that does not require a permit and need not comply with the requirements of the South Florida Building Code and Sign Regulations of the Village.

Sign Structure. A Structure that supports, has supported or is capable of supporting a Sign, including decorative cover.

Sign, Swinging. A Sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent Wall or upright pole.

Sign, Temporary Construction. A Sign Erected and maintained by an architect, contractor, subcontractor, and/or materials business, upon property which such individual and/or materials business is furnishing labor or material for new construction or major renovation.

Sign, Temporary Real Estate. A Sign Erected by an owner or his agent indicating the real property upon which the Sign is located is for rent, for lease or for sale.

Sign, Temporary Window. A special purpose (sale, and the like) paper Sign installed inside a window for purposes of viewing from outside the Premises.

Sign, Window. A Sign that is painted on, applied to, attached to or projected upon the exterior of a Building, including doors and glass areas. Signs that are located within 15 feet of a glass area and can be seen from the outside of the Building are considered Window Signs. Such Signs include but are not limited to identification labels, messages, symbols, insignias, graphic representations, logos, or any other form which communicates information.

Story. That portion of a Building included between the upper surface of any floor and the upper surface of the floor next above or if there be no floor above it, then the space between such floor and the ceiling next above it.

Street. A strip of land designated for vehicular traffic which affords a principal means of Access to a Lot, or more than one Dwelling Unit, whether it is designated as a Street, highway, thoroughfare, parkway, throughway, road boulevard, lane, place or, however designated, excluding however alleys and expressways.

Street, Collector. A Street that carries traffic from Local Streets to arterial Streets and includes the principal entrance Streets of a Subdivision or a Development and the Streets for circulation within such Subdivisions or Developments, and for purposes of these Regulations shall be considered a Street of higher classification than a Local Street.

Street, Expressway. A Street which is used only for the movement of vehicles providing for no vehicular or pedestrian Access to Abutting Property, except for Street Access by grade separation interchanges. Access to expressway is not permitted except at authorized and controlled points. The acquisition of Right-of-Ways for expressways includes the acquisition of Access rights thereto.

Street, Limited Access. Shall carry the same meaning as the term Limited Access.

Street, Local. A Street designed and maintained to provide Access to Abutting Property. A Local Street is of limited continuity and not for through traffic.

Street, Major Arterial. A Street of higher classification than Local Streets used primarily for traffic traveling a considerable distance within or through an area not served by an expressway. A major arterial is of considerable continuity, used primarily as a main traffic artery. A major arterial may also be a Limited Access Street.

Street, Minor. Shall carry the same meaning as the term Local Street.

Street, Minor Arterial. A Street of higher classification than a Local Street and is used for continuous travel, primarily as a main traffic artery, but is more intermittent than a major arterial and carries more traffic for greater distances than a Collector Street. A minor arterial serves to carry traffic from Collector Streets to expressways and major arterial.

Street, Private. Any Street which has not been dedicated for public Use and not accepted for ownership or maintenance by the Village Council.

Street, Public. Any Street designed to serve more than one property owner, and must be dedicated to the public and be accepted for ownership and maintenance by the Village, unless it is a Private Street, allowed by the terms of these Regulations.

Structure. Anything constructed or Erected, which requires location on the ground or attached to something having a location on the ground.

Structural Alteration. Any change, except for repair or replacement, in supporting members of a Building or Structure, such as bearing Walls, columns, beams or girders.

Subdivider. Shall carry the same meaning as the term Developer.

Subdivision. Any division or re-subdivision of a Lot, tract or parcel of land, regardless of how it is to be used, either by platting or by metes and bounds into two or more Lots, Building sites or other divisions of one acre or less, for the purpose, whether for the immediate or future transfer of ownership, lease, legacy, or Building Development, including any division of land involving a Dedication, change or abandonment of a Public Street, site, Easement or other Right-of-Way for any public Use of facility.

Surface Waters. Those waters which have been precipitated on the land or forced to the surface in springs, and which have been spread over the surface of the ground without being collected into a definite body or channel. They appear as puddles, sheet or overland flow and rills and continue to be surface waters until they disappear by infiltration or evaporation, or, until by overland or vagrant flow, they reach well-defined watercourses or standing bodies of water such as lakes or seas.

Surveyor. A land surveyor registered in this State.

Tent. Any Structure or enclosure, the roof of which and/or 50 percent or more of the sides, are of a natural or synthetic fabric.

Text Change (Amendment to this chapter). Any addition to, deletion of or change of wording in subject matter with respect to these Zoning and Development Regulations.

Tower. That portion of a Building or structure that is greater than 50 feet in height.

Townhome (Townhouse) or Townhome (Townhouse) Development. A grouping (more than two Units) of single Family attached or detached Units on one site so that no Unit is above another Unit with each Unit having ingress and egress. For purposes of distinguishing a Townhome from an Apartment Unit for required Parking purposes, the Building, Zoning and Planning Director shall characterize a Unit as a Townhome if it substantially meets the following conditions: contains more than 1,000 square feet, the Parking spaces are located in close proximity to the Building, separate water and/or electrical meters and if the Building contains more than one floor.

Trailer. A vehicular Structure mounted on wheels, designed to be pulled by another vehicle.

Trailer, House. (See Mobile Home.)

Trailer, Utility. A Trailer designed to transport materials, goods or equipment. This includes boat trailers.

Unit. See (Apartment Unit, Duplex, Hotel Unit or Townhome.)

Unity of Title. A Written agreement executed by and between a property owner and the Village of Key Biscayne, whereby the property owner agrees that the Lots and/or parcels of land constituting the Building site shall be not conveyed, mortgaged, and/or leased separate and apart from each other and that they shall be held together as one tract. The "Unity of Title" shall be recorded in the public records of Miami-Dade County, Florida and shall run with the land and shall be binding upon the property owner, his/her successors and assigns.

Use. The purpose for which land or a Structure thereon is Occupied, utilized or maintained.

Use of Land. Includes Use of water surfaces and land under water to the extent covered by zoning districts, and over which the Village has jurisdiction.

Use, Principal or Main Permitted. The primary Use of the Plot as distinguished from secondary or Accessory Uses. There may be more than one principal or main Use on the Plot.

Use, Residential. A Use for living or sleeping of Persons not institutional in character, such as a One-Family, Two-Family or Multiple Dwelling, Rooming House, Hotel, Motel, Tourist Home, lodging house, Boarding House, villas, bungalow court.

V-sign. A free-standing Sign consisting of two sign faces which are connected together at an angle, in the shape of a "V."

Vacation. To abandon, discontinue or close any existing Public Street, alleyway, Easement or any public lands and Waterways to renounce and disclaim any right of the Village and the public in and to any land in connection therewith.

Variance. A modification of, or deviation from the Regulations which is authorized and approved by the Village Council, in accordance with section 30-63.

Vehicle, Commercial. Any vehicle designed or used, or maintained primarily for the transportation of property and/or Persons for hire including but not limited to tractors, Trailers or any part thereof, wreckers, tow trucks or other vehicles equipped with a hoist or other mechanical equipment designed to perform a similar function or taxicabs or any vehicle commonly recognized as a truck or Commercial Vehicle or any vehicle whose maximum gross weight exceeds 10,000 pounds (Gross Vehicle Weight) or contains advertising markings in excess of three square feet per side of per vehicle top.

Vehicle, Recreational. Any vehicle or portable Structure designed primarily to provide temporary living quarters for recreation, camping or travel use: either a vehicular Structure mounted on wheels; self-powered or designed to be pulled by another vehicle; or a Structure designed to be mounted upon and carried by another vehicle. This definition is intended to include the following:

(1)

Camping Trailer. A vehicular portable Structure mounted on wheels, constructed with collapsible partial side Wall of fabric, plastic or other material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters.

(2)

Truck Camper. A portable Structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters.

(3)

House-Bus, Camp-Busor Motor Home. A Structure built on and made an integral part of self-propelled motor vehicle chassis primarily designed to provide temporary living quarters.

(4)

Travel Trailer. A vehicular, portable Structure built on a chassis designed to be pulled by a standard passenger automobile and to be used as temporary living quarters.

Vending Machines. Any machine or device which, upon the insertion of any form of currency, slug, token, plate, disc or card, or other object or numeric code that permits dispensing of merchandise, tickets, services or products.

Village. The Village of Key Biscayne.

Village Engineer. The individual or engineering company designated by the Village Manager.

Wall. All window and Wall area of a Building in one plane or elevation.

Waterway. A stream, canal or body of water, dedicated to public use, publicly owned, or used and available for public travel by boats, not including privately owned bodies of water or drainage ditches.

Work. Shall include all required construction as shown on approved plans and specifications for all facilities and features of any kind which are required, related to the process of Subdivision or [of] land under these Regulations.

Yard. A space on the same Plot with a Structure or Use, open and unobstructed from the ground to the sky except by encroachments specifically permitted in these Regulations. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured perpendicular and inward from the respective Plot lines. The term Yard includes the term Setback, and these terms are synonymous. When the term Yard is used it shall mean the minimum Required Yard or Setback.

Yard, Front. A Yard extending across the full width of the Plot along the Front Plot Line from Side Plot Line to Side Plot Line.

Yard, Rear. A Yard extending across the full width of the Plot along the Rear Plot Line from Side Plot Line to Side Plot Line.

Yard, Required. The minimum Required Yard or Setback required by these Regulations. Any Yard space supplied in excess of the minimum amount specified shall not be deemed to be a Required Yard.

Yard, Side. A Yard extending along the Side Plot Line from the Front Yard to the Rear Yard.

Yard, Side (Street). A Side Yard adjacent to a Street.

Zoning Code. The Zoning and Land Development Regulations of the Village.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-1, § 2, 1-22-13; Ord. No. 2014-1, § 2, 1-28-14; Ord. No. 2019-6, § 2, 2-5-19)