For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:

(1)

Accessory building shall mean: for a residential use, an "accessory structure," as defined in the Florida Building Code, Residential Volume (see Guesthouse and Servants' quarters); and, for a non-residential use, a building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building.

(1.05)

Accessory dwelling unit (ADU). An attached or detached accessory building, or portion thereof, that is used as an ancillary residential unit and: is located on the same lot as the principal single-family dwelling; has a separate kitchen, bathroom, and sleeping area; and is intended for use by a separate family of occupants. Charging a fee to use an ADU separately from the principal dwelling shall not constitute an unlawful duplex or multiple family use.

(1.06)

Accessory unit. An accessory dwelling unit or guesthouse, or both collectively.

(1.1)

Accessory wireless equipment building. Any building/cabinet, shelter, or structure associated with a Wireless Supported Service Facility constructed for the primary purpose of housing the electronics, mechanical equipment, backup power, power generators and other free standing equipment associated with the operation of the facility.

(1.2)

Adult Day Care Center. As defined in Chapter 429, Florida Statutes, a facility that provides, for a part of a day, care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Said care services may include, but are not limited to, providing a protective and noninstitutional setting with therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care. Care services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment. On-site supportive and optional services provided at an adult day care center may include, but are not limited to, speech, occupational, and physical therapy; legal consultation; consumer education; and referrals for follow-up services. Overnight stay or overnight care is not permitted.

(2)

Advertising signs. A surface whereon advertising matter is set in public view, including reference to any use of premises whereon it is displayed or posted.

(2.1)

Aged person means any person age 60 or over who is currently a resident of the State and who, because of a functional impairment, requires personal assistance with the activities of daily living but does not require nursing home or institutional care.

(3)

Alcoholic beverages. The term "alcoholic beverages" shall be as defined by Section 561.01(4), Florida Statutes.

(4)

Alley. A narrow thoroughfare dedicated or used for public passageway up to twenty-five (25) feet in width, upon which usually abut the rear of the premises, or upon which service entrances or buildings abut, and not generally used as a thoroughfare by both pedestrians and vehicles, which is not used for general traffic, and is not otherwise officially designed as a street.

(4.1)

Allied health care clinical college/university. Any private college or university whose curriculum is devoted exclusively to subjects in the allied health care fields and which may include an accessory clinic where clinical services are provided by students under the supervision of a licensed health care professional as part of the academic training.

(5)

Alteration. Any change in the arrangement of a building, including any work affecting the structural parts of a building or any change in wiring, plumbing or heating systems.

(5.1)

Amusement center. Any indoor place or enclosure that contains three or more amusement devices of any description, including, but not limited to, pinball amusement games, computer amusement games and/or games of chance for the public amusement, patronage or recreation.

(5.1.1)

Amusement park or theme park. An amusement, entertainment, cultural, ecological, or historical place or complex that is open to the public and that may include, without limitation, buildings for public assembly, mechanical rides, games and contests, exhibits and demonstrations, musical shows, retail sales, marketplaces, food services, and water attractions.

(5.1.2)

Ancillary means that a use or structure is subordinate or subsidiary to the primary use on the same lot or parcel. An ancillary structure shall be smaller than the primary structure on the same lot or parcel. An ancillary use shall not exceed the size of the primary use, unless specifically authorized in this chapter.

(5.2)

Antennas. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, which includes but is not limited to telephonic, radio or television communications. Types of Antennas included, but are not limited to, whip antennas, panel, and/or Cylinder Type Antennas.

(5.3)

Antennas (cylinder type). Antennas which are fully housed within cylindrical design canisters.

(5.4)

Antenna support structure. A facility that is constructed and designed primarily for the support of Antennas, which include the following types:

(i)

Guyed tower. A tower that is supported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself;

(ii)

Lattice tower. A tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross section;

(iii)

Monopole. A tower of a single pole design; and

(iv)

Camouflaged structure. A structure designed to support antenna and designed to blend into the existing surroundings.

(6)

Apartment. A dwelling unit consisting of a room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one family with cooking facilities for the exclusive use of the one family.

(6.1)

Apartment building or apartment house. A multiple-family dwelling building which is used or intended to be used as a home or residence for three or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units.

(7)

Apartment garage. A building designed and intended to be used for the housing of vehicles belonging to the occupants of an apartment building on the same premises, in connection with living quarters and having a square foot area not more than sufficient to house a number of automobiles not exceeding the number of apartments contained in the principal building.

(8)

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

(9)

Arterial highway. Highways enumerated in Section 33-133.

(9.1)

Arts Foundation. A facility containing offices, lecture and seminar rooms, exhibition areas, as well as artists' work studios, all of which is operated by a non-profit organization dedicated to the promotion of the visual arts and artists through the exhibition and presentation of the foundation's artists' works.

(9.2)

Automobile gas stations/mini marts. Buildings and premises used for the supply and retail sale of motor fuels as well as the ancillary sale of convenience goods. Both full service and self-service dispensing of motor fuels are permitted.

(10)

Bar or saloon. Any place devoted primarily to the selling or dispensing 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 within or thereon and where such beverages are consumed on the premises.

(11)

Barbecue pit or building. An open or enclosed pit or fireplace or an open on enclosed building used primarily for cooking meats in the "barbecue style."

(12)

Barbecue stand. A refreshment place where space is provided or allowance is made for automobiles to gather for the primary purpose of serving the occupants barbecued meats.

(12.1)

Basement. That portion of a building between floor and ceiling which is so located that one-half (½) or more of the clear height from floor to ceiling is below-grade.

(12.2)

Bed and breakfast establishment. A bed and breakfast establishment is an owner-occupied single family dwelling offering transient accommodations and meals for paying guests. In the AU district, where bed and breakfast establishment is located on a working farm, the transient accommodations may be provided in a farm residence or a detached structure that need not be owner-occupied.

(13)

Beer. The word "beer" shall be as defined in Section 563.01, Florida Statutes.

(14)

Block. A block shall be deemed to be all that property frontage along one (1) highway lying between the two nearest intersecting or intercepting streets and railroad right-of-way or waterway, golf course, campus, park or similar open space.

(15)

Boundary of district. The center line of a street or right-of-way or the center line of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the maps adopted by Section 33-3.

(15.1)

Brewery (farm related). An establishment that is located wholly on a parcel with a farm, for the manufacture of malt liquors, such as beer and ale. The facility may have accessory uses as permitted under Section 33-279 of this chapter, including uses that permit the sale and consumption of products manufactured on site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(15.2)

Brewery (not farm related). An establishment for the manufacture of malt liquors, such as beer and ale. The facility may have related accessory uses, including uses that permit the sale and consumption of products that are manufactured on or off site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(15.3)

Brew Pub (Restaurant, Pub, or Bar with a Brewery, Distillery, or Winery as Accessory Use). A small brewery, distillery, or winery accessory to a pub, bar, or restaurant, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(16)

Building. A building is any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind.

(17)

Building height.

(a)

The height of a building with a gabled or hip roof shall be the vertical distance measured from the base flood elevation established pursuant to Chapter 11C to the top of the roof of the uppermost story.

(b)

The height of a building with a flat roof shall be measured from the base flood elevation established pursuant to Chapter 11C to the highest point of the roof (but not the parapet or coping shall be used). A flat roof shall be considered a roof that has a slope of less than seven degrees with the horizontal.

(18)

Building line. The extreme overall dimensions of a building as staked on the ground, including all area covered by any vertical projection to the ground of overhang of walls, roof or any other part of a structure, whichever is nearest to the property line, will be considered as the building line.

(19)

Building site. The ground area of a building or buildings together with all open spaces surrounded by said building or buildings.

(20)

Bungalow court. A bungalow court is a group of three (3) or more family units on one (1) or more adjoining lots, having separate outside entrances on the ground floor level for each single-family dwelling, including all open spaces required by this chapter; and all maintained under one (1) ownership.

(21)

Bungalow villas. A bungalow villa is a group of ten (10) or more one-story dwelling units containing not more than two (2) single-family units per structure, located on one (1) or more adjoining lots and having separate outside entrances on the ground floor level for each single-family dwelling, designed to provide accommodations for transient or overnight guests. Structures may be designed for full residential use including cooking and similar facilities, and must be maintained under one (1) ownership.

(22)

Business. See Place of business.

(23)

Cabaret. The term shall mean a place of business other than a "night club" located in a hotel or motel having fifty (50) or more guest rooms, where liquor, beer or wine is sold, given away or consumed on the premises, and where music or other entertainment is permitted or provided for the guest of said hotel or motel only.

(24)

Cafeteria. A place where food is obtained by self-service and eaten on the premises.

(25)

Center line, highway. A line running parallel with the highway right-of-way which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the Department of Public Works.

(26)

Certified survey. A survey, sketch, plan, map or other exhibit is said to be certified when a written statement regarding its accuracy or conformity to specified standards is signed by the specified professional engineer, registered surveyor, architect or other legally recognized person.

(27)

Church or religious facility. A church, synagogue or other structure in which worship services pertaining to a particular system of beliefs are held. Wherever the term "church" is used in this chapter the term "religious facility" shall also apply.

(27.1)

Clean yard trash. The term "clean yard trash" shall be as defined in Section 15-1.

(28)

Club, pressing. A pressing, cleaning or laundry agency where no gasoline or explosive of any kind is used.

(29)

Club, private. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a nonprofit corporation and such corporation's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others.

(30)

Commercial districts. Either business, industrial or arts and crafts districts.

(30.01)

Commercial vehicle storage. The parking and storage of operable, non-disabled, licensed commercial motor vehicles as defined in Section 320.01, Florida Statutes, construction equipment, agricultural equipment, and incidental temporary parking of operable, non-disabled, licensed passenger automobiles to serve such allowable uses on the same parcel (but not to include: stand-alone automobile parking and storage uses such as car rental facilities; or storage of vehicles and equipment associated with agricultural production, as expressly provided in Section 33-279).

(30.02)

Common use amenity. Feature provided for the common and exclusive enjoyment of residents within a residential site plan, including, without limitation, a recreational or entertainment facility, swimming pool, outdoor recreational area or facility, passive park, or water body set aside as park area.

(30.1)

Community residential home. A group residential facility licensed to serve clients of the State of Florida that provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded from said count.

(30.2)

Commuter college/university. Any private college or university campus which is intended primarily to meet the needs of part-time and working students, which is located within a shopping center or office park, and which meets the following criteria: i) the campus is designed without any residential dormitories, athletic facilities, performance venues, and other facilities which are typically provided in college campuses to service full-time students, and ii) the square footage of all college and university campuses within the shopping center or office park consists of no more than 150,000 square feet of total building space or ten (10) percent of the square footage of the shopping center or office park, whichever is lower. A cafeteria/food court and school store selling new and used books and sundries for the convenience of students shall be considered as an ancillary use in connection with commuter college/university facilities provided that the square footage of such uses does not exceed ten (10) percent of the total square footage of the facility.

(30.3)

Community Composting Operations. A facility or operation that engages in composting. Community composting operations may also be referred to in this chapter as compost operations.

(30.4)

Composting. The managed biological decomposition of organic materials by microorganisms, which stabilizes the organic fraction into material that can easily and safely be stored, handled, and used in an environmentally acceptable manner.

(30.5)

Comprehensive Development Master Plan (CDMP) means the Comprehensive Development Master Plan adopted by the Miami-Dade County Board of County Commissioners, as provided in Article XV of Chapter 2 of this Code and chapter 163 of the Florida Statutes, as may be amended from time to time.

(31)

Conditional permit. A permit issued subject to revision or cancellation by the issuing department under the terms of this chapter.

(31.1)

Construction debris materials recovery transfer facility. The term construction debris materials recovery transfer facility shall mean a solid waste management facility that provides for the processing of construction and demolition debris and the extraction of recyclable materials therefrom.

(32)

Convention hall. An assembly or meeting place for delegates for action on particular matters such as political, fraternal, veterans affairs and the like.

(33)

Court. An open, unoccupied, unobstructed space, except for trees, shrubs and foundations, statuary, other than a yard, on the same lot as a building.

(34)

Court, bungalow. See Bungalow court.

(35)

Court, inner. A court surrounded by a structure and not extending to a street or alley or to a front, side or rear yard.

(36)

Court, outer. A court extending to a street or alley or to a front or rear yard.

(37)

Cubic content. The cubic content of a building is its bulk volume exclusive of the volume below grade. In ascertaining the cubic content of gabled buildings, the height shall be measured from the top of footings (which measurement shall not be below the average elevation of the building site) to a point halfway between the plate and ridge. For a flat roof the highest point of the roof (but not the parapet or coping) shall be used. In determining cubic content, only one-half (½) credit shall be given for attached, open porches and porte-cocheres; only two-thirds credit shall be given attached, enclosed garages. No credit shall be given for attached, screened enclosures when roof is of screen.

The cubic content required by this chapter and the zoning maps is hereby changed to a square footage requirement by dividing the cubic content requirement by ten (10). After the effective date of this ordinance [Ord. No. 72-20], minimum building sizes will be established on property which is rezoned by the application of minimum square footage figures rather than that of cubic content, and such figures shall be depicted on the zoning maps on a square footage basis. In ascertaining the square footage of a building, the gross horizontal floor area of the floor, or several floors between the exterior faces of the exterior walls of such building shall be included, with only two-thirds credit being given for attached garages and one-half (½) credit being given for attached open porches and porte-cocheres. No credit shall be given for screened enclosures when roof is of screen, nor shall credit be given for detached accessory buildings.

(37.05)

Decorative Elements (lawn). Decorative elements means aesthetic features, including fountains and statues, that are placed on open space outside of a building.

(37.1)

Department. Unless otherwise specified within this chapter, Department shall mean the Miami-Dade County Department of Regulatory and Economic Resources or successor department.

(37.1.1) Dependent child means:

(a)

A child who has been found by the court:

(1)

To have been abandoned, abused, or neglected by his parents or other custodians;

(2)

To have been surrendered to the department of a licensed child placing agency for purpose of adoption;

(3)

To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the Department of Health and Rehabilitative Services, whereupon, pursuant to State requirements, a performance agreement has expired and the parent(s) have failed to substantially comply with the requirements of the agreement;

(4)

To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption and a natural parent or parents have signed a consent pursuant to Florida Rules of Juvenile Procedure; or

(5)

To be at substantial risk of imminent abuse or neglect by the parent(s) or the custodian; or

(b)

A child for whom there is no pending investigation by the State of Florida Department of Health and Rehabilitative Services into an allegation or suspicion of abuse, neglect or abandonment; no pending referral alleging the child is delinquent; or no current supervision by the Department of Health and Rehabilitative Services for an adjudication of dependency or delinquency; provided that the child has also been found by the court:

(1)

To have persistently run away from his parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services and treatment offered by the State of Florida Department of Health and Rehabilitative Services;

(2)

To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services and treatment offered by the State of Florida Department of Health and Rehabilitative Services; or

(3)

To have persistently disobeyed the reasonable and lawful demands of his parents or legal custodians and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling.

(38)

Depth of lot. The depth of a lot is the depth between its mean front street line and its mean rear line.

(38.1)

Development disability means a disorder or syndrome which is attributable to intellectual disability, cerebral palsy, autism, epilepsy, or spina bifida and which constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

(39)

Director. The word "Director" shall mean the Director of the Department or the Director's designee, unless the context clearly indicates otherwise.

(39.1)

Distillery (farm related). A facility that is located wholly on a parcel with a farm and that is designed and used for the distillation of agricultural products including grains, fruits, or vegetables into liquor or spirits. The facility may have accessory uses as permitted under Section 33-279 of this chapter, including uses that permit the sale and consumption of products manufactured on site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(39.2)

Distillery (not farm related). A facility designed for the distillation of agricultural products including grains, fruits, or vegetables into liquor or spirits. The facility may have related accessory uses, including uses that permit the sale and consumption of products that are manufactured on or off site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(40)

Dog kennel. The following uses shall constitute a dog kennel:

(i)

The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except by a hobby breeder as defined by Chapter 5 of this Code or in a dog hospital, dog beauty parlor, pet care center or pet shop, as permitted by law; or

(ii)

The keeping of dogs, six (6) months of age or older, on premises used for residential purposes, in excess of the following numbers:

(a)

Four (4) dogs on property that is less than 1 acre in gross area in any RU, EU, AU, or GU district, or in any individual residence unit in a multifamily RU district;

(b)

Six (6) dogs on property that is at least 1 acre but less than 2 acres in gross area in an RU-1 or RU-2 district or in any EU, AU, or GU district; and

(c)

Eight (8) dogs on property that is 2 acres or more in gross area in an RU-1 or RU-2 district or in any EU, AU, or GU district; or

(iii)

The keeping of more than four (4) guard dogs on vacant property or on property used for business or industrial purposes.

(40.1)

Domestic violence means any assault, battery, sexual assault, sexual battery or any criminal offense resulting in physical injury or death of one (1) family or household member by another who is or was residing in the same single dwelling unit.

(40.2)

Domestic violence center means a facility that provides shelter, counseling and referral services to victims of domestic violence.

(41)

Dwelling, one family or single family, or one-family residence. A single dwelling unit on a single lot for the use of one family only.

(42)

Dwelling, duplex or two family, or two-family residence. A single residence building with two dwelling units, or two dwelling units in separate buildings, designed for, or used as the separate homes or residences of two families on a single lot.

(42.1)

Dwelling, multiple family or multi-family. A single residence building or a group of buildings designed for, or used as the separate homes or residences of, three or more families in separate dwelling units on a single lot.

(42.2)

Dwelling unit. A single unit used or intended to be used exclusively for residential purposes, in which all habitable spaces are accessible to each other from within the unit and in which there is at least one bathroom and no more than one cooking area.

(42.3)

Electrical power plant. Any electrical generating facility of 20 megawatts or more using any process or fuel and includes associated facilities except those electrical generating facilities the regulation and certification of which are expressly preempted by Chapter 403, Florida Statutes.

(43)

Estate. Any residential site comprising an area of one (1) acre or more shall come within the meaning of the word "estate," as provided herein under Districts EU-1, EU-1C and EU-2.

(43.1)

Rural event venue. A venue, located in an agriculturally zoned area, for special functions such as weddings, receptions, corporate meetings, or similar gatherings.

(44)

Family. A natural person living in a dwelling unit; or two or more natural persons related by blood, marriage, adoption, domestic partnership, or other analogous union or relation, but excluding fraternities, sororities, and other similar clubs or organizations, and up to two gratuitous guests, domestic staff, or roomers, all living together as a single housekeeping unit in a dwelling unit; or no more than five unrelated natural persons, and up to two gratuitous guests or domestic staff, all living together as a single housekeeping unit in a dwelling unit.

(44.1)

Farm. A farm means the land, buildings, support facilities, machinery, and other appurtenances used in the production of any plant, as defined in s. 581.011, Florida Statutes, or animal or insect useful to humans, and includes, without limitation, any product derived therefrom, including aquaculture products. The term "farm" includes, but is not limited to, cattle or stock grazing, raising or keeping of hogs, a dairy barn, a grove, a nursery or greenhouse, horticultural farming, hydroponic or other chemical farming, poultry raising, a truck garden, a fish pool or other aquaculture, a seed drying facility, an aviary, an apiary, or a frog farm otherwise subject to Section 33-13.

(44.2)

Farm stand. A farm stand is a permanent or portable structure or vehicle, which is located on a parcel with an actively farmed site for the retail sale of agricultural products, including, without limitation, locally grown fresh fruit and vegetables and food products derived from such fruit and vegetables, as provided in Section 33-279.

(45)

Filling station. See Gas station.

(45.1)

Floor area ratio. The floor area of the building or buildings on any lot divided by the area of the lot.

(46)

Frontage. Distance measured along a highway right-of-way.

(47)

Garage, community. A structure or series of structures under one (1) roof, and under one (1) ownership, for the storage of vehicles by three (3) or more owners or occupants of property in the vicinity, where said structure has no public shop or mechanical services in connection therewith.

(48)

Garage, mechanical. See Garage, public.

(49)

Garage, private. A structure not larger than five hundred (500) square feet in area for the private use solely for the owner or occupant of the principal building on a lot or of his family or domestic employees for the storage of noncommercial motor vehicles, and which has no public shop or mechanical service in connection therewith.

(50)

Garage, public. A structure for the storage, care, repair, or refinishing of motor vehicles, or a structure containing a public shop, or where automobile mechanical service is provided.

(51)

Gas station. A structure designed or used for the retail sale or supply 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, bodywork or other servicing of motor vehicles.

(51.1)

Governmental center. A site or tract of land where three (3) or more departments or divisions of a government are located.

(52)

Grade. The established grade of premises, whether vacant or improved, is the highest elevation of the sidewalk at the property line as fixed by the County.

(53)

Gridiron system. A rectangular system of street and blocks.

(53.1)

Group home. A group residential facility licensed to serve clients of the State of Florida that provides a living environment for not more than 6 unrelated residents who operate as a functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded from said count. A group home shall be considered a single-family dwelling.

(53.2)

Group residential facility. A dwelling unit or facility that provides a living environment and support services for unrelated residents and that may require licensure by the State of Florida, including, but not limited to, nursing homes, homes for the aged, assisted living facilities, congregate living facilities, independent living facilities, foster care facilities, community residential homes, group homes, memory care facilities, and hospice facilities. The term "support services" includes medical offices, staff offices, dining facilities, recreation rooms, and similar facilities and services.

(54)

Guesthouse. An attached or detached accessory building, or portion thereof, that is used as an ancillary residential unit, is located on the same lot as the principal single-family dwelling, is intended for use by only the occupants of the principal dwelling and their family, as defined in this section, and is not rented for a fee separately from the principal dwelling. Such residential unit shall conform to the requirements for accessory buildings, except that a separate kitchen and bathroom may be provided. Use of a guesthouse in violation of these provisions constitutes an unlawful duplex or multiple family use.

(54.1)

Habitable Space. Building space the use of which involves regular human presence. Habitable space shall not include areas devoted to parking, storage, or warehouses.

(55)

Height of building. See Building height.

(56)

Highway. Any public thoroughfare wider than twenty-five (25) feet including streets, which affords primary access to abutting property, and any thoroughfare of less width which is not classed as any alley. Also see definition of arterial highway.

(57)

Home occupation. An occupation carried on solely by the occupant or occupants of a dwelling unit which is ancillary and secondary to the use of the dwelling for residential purposes.

(57.5)

Hospital. A hospital shall have the same definition as provided by the state in section 395.002 of the Florida Statutes, as may be amended from time to time, but shall minimally include any establishment that offers services more intensive than those required for room, board, personal services, and general nursing care, and offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy. The term hospital shall exclude nursing homes, group homes, and group residential facilities.

(58)

Hotel. A commercial lodging establishment containing guest rooms, suites, or other dwelling units intended or designed to be occupied by travelers or transient guests, and where ingress or egress may but need not be through a common lobby or office.

(58.1)

Immediate vicinity means the area in which a specified parcel of land is located that is physically, functionally or geographically identifiable as a distinct realm, place or neighborhood, or the area within a radius of not more than five hundred (500) feet from the specified parcel of land, whichever is smaller.

(59)

Intoxicating liquors. For the purpose of this chapter, "intoxicating liquors" shall be as defined in Section 561.01(8), Florida Statutes.

(60)

Junk. Old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed within the County limits. Also see Trash.

(60.1)

Abandoned property. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.

(60.2)

Light truck shall mean a truck having a net vehicle weight not to exceed five thousand (5,000) pounds.

(61)

Lot. Parcel of land shown on a recorded plat or on the official County zoning maps or any piece of land described by a legally recorded deed.

(62)

Lot, corner lot. Any lot situated at the junction of and abutting on two (2) or more intersections or intercepting streets or public highways. If the angle of intersection of the direction lines of two (2) highways is more than one hundred thirty-five (135) degrees, the lot fronting on said intersection is not a corner lot.

(63)

Lot, interior. Any lot which is not a corner lot.

(64)

Lot, key. A "key" lot is a lot so divided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both of the sides of the aforesaid "key" lots.

(65)

Lot lines, front. In the case of a lot abutting upon only one (1) street, the front lot line is the line separating such lot from such street. In the case of a corner lot that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one (1) such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans which meet the approval of the Director. Also see Right-of-way.

(66)

Lot lines, rear. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, or any odd-shaped lot, the rear lot line shall be determined by the Director.

(67)

Lot lines, side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

(68)

Lot, through. Any lot having frontage on two parallel or approximately parallel streets or other thoroughfares, except platted lots required to maintain a decorative wall as defined in Section 28-1(k) along the rear property line as required by the plat.

(69)

Mapped streets. A mapped street is any approved street shown on an official map or the projection of any existing street through an unsubdivided parcel of land, whether the street is dedicated, or in existence or not. For the purpose of this definition, all five acre fractional lines shall be deemed the center lines of mapped streets, unless the same are waived by the Director of the Building and Zoning Department and the Director of Public Works.

(69.01)

Medical Allied Training Facility. Any facility with a minimum floor area of 20,000 square feet, licensed by the Commission for Independent Education of the Florida Department of Education, to train students for careers as medical equipment technicians or as medical support personnel.

(69.05)

Medical observation dormitory. A facility at which research and testing for pharmaceutical and pharmaceutical device companies occurs pursuant to a clinical investigation as defined by 21 CFR § 312.3(b), Code of Federal Regulations. Such investigation is governed by extensive U.S. Food and Drug Administration regulations and involves the overnight stay of human subjects, either healthy volunteers or clinically stable representatives of subpopulations which may ultimately use the tested pharmaceuticals. The facility may include laboratories, dormitory rooms, kitchens, observation rooms and recreation rooms. The scope of services rendered is to consist solely of performing research studies, and does not include other therapy rendered for the benefit of a patient or diagnostic services.

(69.1)

Mentally ill means an impairment of the emotional processes, of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to understand, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology; except that, for the purposes of this definition, the term does not include intellectual disability or developmental disability, simple intoxication, or conditions manifested only by antisocial behavior or drug addiction.

(69.2)

Mixed-use development. A form of development that includes more than one type of permitted use, such as residential, commercial, or industrial, which may be either vertical mixed-use development or horizontal mixed-use development.

(69.3)

Mixed-use development, horizontal. A mixed-use development in which each use is in a single-use building, in accordance with the following:

(a)

Multiple single-use buildings are either: (i) located on a single lot that contains a mix of uses; or (ii) located on multiple lots that are joined through a unity of title or declaration of restrictive covenants in lieu thereof and that collectively contain a mix of uses; or

(b)

Multiple single-use buildings are located within ¼ mile of each other, provided that approval of an application for a single-use building would not result in oversaturation of a single use. For purposes of this definition, "oversaturation" means that one use exceeds 70 percent of the total building area within a radius of ¼ mile of the application site.

(69.4)

Mixed-use development, vertical. A mixed-use development in which more than one type of permitted use is located within a single building.

(70)

Mobile home (trailer). A non-self-propelled vehicle or conveyance, permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a residence or living quarters. Such mobile home may be affixed to the ground in accordance with the provisions for tie-down of Chapter 19A of the Code of Miami-Dade County, Florida, and other similar additional tie-downs, but shall not otherwise be permanently secured to a foundation.

(70.1)

Manufactured home. A mobile home fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act.

(70.2)

Mobile Banking Operation. The use of a portable vehicle, stand, or trailer to conduct general commercial banking business to the extent authorized in Chapters 658 and 667, Florida Statutes, or to provide credit union services to the extent authorized in Chapter 657, Florida Statutes, by a bank or trust company organized under the laws of a state, a national bank, a state or federal credit union, or a federally chartered savings and loan association, provided that deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration and that the entities obtain all required state or federal licenses prior to operating in the County.

(70.3)

Mobile Food Service Operation. The preparation, cooking, serving, or sale of food, or combination thereof, conducted from a portable stand, vehicle, or trailer. Each such stand, vehicle, or trailer shall be considered a mobile food service operation. This classification does not include a farm stand as provided in this chapter.

(70.4)

Mobile Sales Operation. Sales of products, limited to flowers, plants and produce, that are conducted from a portable stand, vehicle or trailer. Each such portable stand, vehicle or trailer shall be considered a mobile sales operation.

(70.5)

Mobile Operations, as referred in this chapter, shall mean mobile banking operations, mobile food service operations, and mobile sales operations. The distribution of box lunches in compliance with Section 33-14 shall not constitute a mobile operation.

(71)

Motel. A commercial lodging establishment containing guest rooms, suites, or other dwelling units intended or designed to be occupied by travelers or transient guests, and where some or all of the units have a separate entrance leading directly from the outside of the building with garage attached or automobile parking space conveniently located on the lot or parcel of land. Motels include, but are not limited to, auto courts, motor lodges, and tourist courts.

(71.1)

Multiple-family housing development or project or multiple family apartment house. See Dwelling, multiple family.

(72)

Neighborhood. The area, included in one (1) predominant type of use, such as residential neighborhood, together with the area having values ardently affected by any usage in that area.

(73)

Neighborhood store. A retail establishment which supplies household requirements to the immediately surrounding residential neighborhood, such as a delicatessen, grocery, drug-sundry, tobacco stores, etc.

(74)

New subdivision. A subdivision of land into lots, parcels or tracts, excluding any subdivision included under "old" subdivision.

(75)

Night club. Any place of business established and operated for the purpose of supplying entertainment where alcoholic beverages are dispensed and consumed on the premises, and where meals and refreshments may be provided.

(76)

Nonconforming use. Use of any property or premises in any manner which does not comply with the regulations provided for the district in which the property or premises provided for the district in which the property or premises are situated, if such use was originally legally established.

(77)

Official right-of-way. This term shall be interpreted to mean the zoned right-of-way width as established in this chapter.

(78)

Old subdivisions. A subdivision on which the plat has been officially accepted and recorded prior to August 2, 1938, and which has not been reverted to acreage, tracts or blocks.

(78.1)

A physically handicapped or disabled person shall mean a person who has a physical or mental impairment which substantially limits one (1) or more major life activities or who has a record of having, or is regarded as having, such physical or mental impairment.

(78.2)

Pet Care Centers. The term "pet care center" shall mean a business establishment, operating during daytime hours only, that provides supervised care for cats or dogs in an air conditioned indoor facility for the purpose of the animal's general well-being including supervised interaction with other animals, feeding and grooming services. A pet care center shall not include breeding services.

(78.3)

Pergola. A freestanding structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters. A pergola is built as an outdoor sitting area with lattice or open slat roof for partial shade. Structures with a thatch-type roof, including, but not limited to, tiki huts, shall not constitute a pergola.

(79)

Pigeon loft, noncommercial. The maintenance of not more than twenty (20) carrier or racing pigeons for the purpose of engaging in the hobby of racing pigeons for sport.

(80)

Pit. A hole in the ground, such as a rock quarry or other excavation.

(81)

Place of business. Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in or on which one (1) or more persons engage in a gainful occupation.

(81.1)

Planning Division. The words "Planning Division" shall mean the Planning Division of the Department of Planning and Zoning.

(82)

Point of sale. The boundary of the room and the necessary parts of the building in which products are sold.

(83)

Poultry market. A commercial establishment or place where live poultry is kept and offered for sale.

(84)

Reserved.

(85)

Principal building. The building situated or to be placed nearest the front property line and the use of which conforms to the primary use permitted by the zone classification in which it is located.

(85.1)

Regulating Plan. Map applicable to Urban Center or Urban Area district that establishes and graphically depicts the location of land uses, sub-districts, residential densities, open spaces, streets, bike routes, or other elements for each district. Required regulating plans are described in Section 33-284.84 of this chapter.

(85.2)

Regional entertainment venue. A recreation or entertainment facility, such as an auditorium, theater, or other visual and performance arts facility, stadium, arena, racetrack, convention center, coliseum, museum, cultural complex, or amusement park or theme park, that serves a countywide or regional audience.

(86)

Repairs. Restoration of portions of a building to its condition as before decay, wear or damage, but not including alteration of the shape or size of any portion.

(86.1)

Resident client shall include an aged person, a physically disabled or handicapped person, developmentally disabled person, dependent child, or a nondangerous mentally ill person.

(87)

Residence or Residential. The term "residential" or "residence" means any lot, plot, parcel, tract, area, or piece of land, or any building or portion thereof, used or intended to be used exclusively for family dwelling purposes, including concomitant uses specified herein. See also, Dwelling, one-family; Dwelling, duplex; Dwelling, multiple family; Dwelling unit.

(88)

Restaurant. A building, room or rooms, not operated as a dining room in connection with a hotel, where food is prepared and served to a group of families, a club or to the public and for consumption on the premises.

(89)

Resubdivision. Any change in the shape or size of any lot, tract or parcel of land previously platted for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage or other use. Any change in the shape or size of any lot, tract or parcel of land previously approved for building purposes whether immediate or future and regardless whether or not the same is vacant or improved in whole or in part, for sale, rent, lease, building development, anchorage or other use.

(90)

Right-of-way line. The outside boundaries of a highway right-of-way, whether such right-of-way be established by usage, dedication or by the official right-of-way map.

(91)

Rooming house. A residential building or portion thereof used, or intended to be used, as a place where sleeping accommodations are furnished or provided for pay, and where meals may be provided, to three or more unrelated persons for temporary or permanent residence that are not a single housekeeping unit and that may each operate under separate rental agreements or leases. This use may also be referred to as a boarding house.

(92)

Screen enclosure. A frame erected of metal or wood spaced and constructed in accordance with Ordinance No. 57-22, ^[2] South Florida Building Code, as from time to time amended, which framing and overhead supports are only covered with insect screening of metal, fiberglass or other approved insect screening material when such screening possesses at least fifty (50) percent open area per square inch, provided that such framing and overhead supports are solely for the purpose of supporting such screening and shall not have the effect of appearance of a roof or a wall, building siding or louvered structure.

(92.05)

Sector(s). A group of antennas, excluding cylinder types, not to exceed four (4).

(92.1)

Seed drying facility. A bin or other enclosed structure used to remove moisture from seed so that deterioration from insects, mold, and enzymic activity will be negligible. Such bin or structure may house respiration and heating equipment and other associated control devices such as thermostats, air inlets, recirculators, stirrers and other similar devices.

(92.2)

Self-service car air vacuum. A self-service amenity that allows a user to vacuum the interior of a vehicle and that may also include a hose for a user to pump air into tires.

(93)

Servants' quarters. An accessory residential building occupied by an employee of the principal residential building and conforming to the restrictions of this chapter, including those for accessory buildings.

(94)

Service bar. The term service bar shall mean a liquor, beer or wine or other alcoholic, vinous or malt beverage bar or counter used in connection with the operation of a bona fide restaurant, situated in the kitchen or some room where guests are not allowed to enter and not situated within the room or that portion of the restaurant wherein food is served to guests; at which bar or counter drinks are prepared solely for the purpose of service to and consumption by the guests of the restaurant, and from which bar and counter drinks are dispensed solely for consumption by the guests of the restaurant seated at tables within the room or portion of the restaurant wherein food is served to the guests. No service of drinks or food is permitted to guests or patrons at the service bar.

(95)

Service station. See Gas station.

(96)

Setback. The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the building. When two (2) or more lots under one (1) ownership are used, the exterior property line so grouped shall be used in determining offsets.

(96.1)

Single Housekeeping Unit. One person, or two or more individuals living together and sharing the entire dwelling unit and household activities and responsibilities, which may include, without limitation: (i) sharing expenses for food, rent, utilities, or other household items; (ii) sharing chores; (iii) eating meals together; (iv) participating in recreational activities together; or (v) having close social, economic, and psychological commitments to each other. Except where roomers are expressly authorized by this chapter, where unrelated persons are living together, the occupants must jointly occupy the unit under a single lease, either written or oral, whether for monetary or non-monetary consideration.

(97)

Site. Area of premises to be covered by a structure.

(97.001)

Small scale medical facility. A hospital that provides an emergency department and that has fifty (50) or fewer in-patient beds.

(97.01)

SMART Plan. The Strategic Miami Area Rapid Transit Plan, which consists of the Beach Corridor, East-West Corridor, Kendall Corridor, North Corridor, Northeast Corridor, and South Dade Transitway, as set forth in Resolution No. R-523-16, as may be amended from time to time.

(97.02)

SMART Plan Corridor. One of the rapid transit corridors, proposed in the SMART Plan for expansion of the central metropolitan transit system, as may be amended from time to time.

(97.05)

Solar Energy System. An accessory structure or structures for an energy system that consists of one or more solar collection devices, solar-energy-related equipment, and other associated infrastructure, with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy to be consumed on the subject property. A solar energy system that is located on a body of water shall be referred to as a "floating solar energy system."

(97.06)

Solar facility.

(a)

A solar facility is a production facility for electric power that:

(i)

Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite; and

(ii)

Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components; and

(iii)

May include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.

(b)

A solar facility that is located on a body of water shall be referred to as a "floating solar facility," "floating facility," or "floatovoltaic."

(97.1)

Sponsoring agency shall mean an agency or unit of government, a profit or nonprofit agency, or any person or organization which intends to establish or operate a group home or a community residential home.

(98)

Store. A building in which commodities are sold at retail or wholesale. Also, see Neighborhood store.

(99)

Story:

(a)

That portion of a building included between the uppermost surface of any floor and the uppermost surface of the floor or roof next above.

(b)

That portion of a building between floor and ceiling which is so located that more than half of the clear height from floor to ceiling is above grade.

(c)

In any residential building in which the area of the upper floor does not exceed two-thirds of the area of the floor immediately below it, such upper floor shall not be considered a story.

(d)

That portion of a building in a high flood hazard district below the elevation of the regulatory flood level and below the lowest habitable floor, and constructed in accordance with Chapter 11C (Development Within Coastal Flood Hazard Districts) of the Code of Miami-Dade County shall not be considered a story.

(100)

Street. See Highway.

(101)

Structural alterations. Any change in the shape or size of any portion of a building or of the supporting members of a building or structure such as walls, columns, beams, arches, girders, floor joists or roof joists.

(102)

Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light standards, towers, tanks, etc.

(103)

Subdivision. A division of a lot, tract or parcel of land or water into two (2) or more lots, plats, sites or other subdivisions of land or water for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication or other use.

(104)

Tearoom. A room in a building for use in serving light meals and nonalcoholic beverages.

(104.1)

Telecommunications hub. A facility designed and constructed primarily to house computer servers, communications routers, switches and similar machinery or equipment for directing or facilitating communications traffic.

(105)

Tent. Any structure or enclosure, the roof or one-half (½) or more of the sides of which are of silk, cotton, canvas or any light material, either attached to a building or structure or unattached.

(105.1)

Testing laboratory or plant. A testing laboratory shall mean a plant which tests materials, products, methods and systems in accordance with established standards or procedures.

(106)

Tourist cottage. A single-family dwelling used as one (1) of the units of a tourist park.

(107)

Tourist park. Any lot or plot of ground upon which three (3) or more single-family camp cottages or two (2) or more trailers are located and maintained for the accommodation of transients, where a charge is or is not made.

(107.1)

Trade school. A technical trade school, such as but not limited to, aviation technology, computer technology, construction trades, electronics, health and beauty services, office and business skills and similar vocational trades.

(108)

Trailer. A non-self-propelled vehicle or conveyance permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a residence or living quarters. Such mobile home may be affixed to the ground in accordance with the provisions for tie-down of Chapter 19A of the Code of Miami-Dade County, Florida, and other similar additional tie-downs, but shall not otherwise be permanently secured to a foundation.

(109)

Trailer camps. See Tourist park.

(110)

Trailer park. See Tourist park.

(110.1)

Reserved.

(111)

Trash. Cuttings from vegetation, refuse, paper, bottles, rags. Also see Junk.

(112)

Unincorporated areas. Any land in the County not lying within the boundaries of a duly incorporated village, town, municipality or other such governmental unit.

(112.05)

Urban Development Boundary (UDB). The boundary line delineated on the Land Use Plan Map of the Miami-Dade County Comprehensive Development Master Plan or successor County comprehensive plan, distinguishing where development may occur from areas where it should not occur.

(112.1)

Utility shed. A single-story, non-habitable detached storage building that is accessory to the primary or principal building and designed and used primarily for storing tools, mechanical equipment, lawn and garden equipment, home accessories, personal belongings, and other similar objects.

(113)

Vehicle. A conveyance for persons or materials.

(113.1)

Vehicle Retail Showroom: Retail showroom for sale of vehicles.

(113.2)

Warehouse, membership. A use designed and operated for warehousing and sale of merchandise at retail and wholesale prices to members.

(114)

Waterfront. Any site shall be considered as waterfront premises provided any or all of its lot lines abut on or are contiguous to any body of water, including creek, canal, bay, ocean, river or any other body of water, natural or artificial, not including a swimming pool, whether said lot line is front, rear or side.

(115)

Wine. The word "wine" shall be as defined in Section 461.01(4), Florida Statutes.

(115.01)

Winery (farm related). An agricultural processing facility that is located wholly on a parcel with a farm and that is designed and used for fermenting and processing fruit into wine or derivative products. The facility may have accessory uses as permitted under Section 33-279 of this chapter, including uses that permit the sale and consumption of products manufactured on site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(115.02)

Winery (not farm related). A processing facility used for fermenting or processing fruit into wine or derivative products. The facility may have related accessory uses, including uses that permit the sale and consumption of products that are manufactured on or off site, as allowed by applicable licenses from the State of Florida Division of Alcoholic Beverages and Tobacco.

(115.1)

Wireless supported services. Wireless services including, but not limited to, Personal Wireless Services (as defined in 47 U.S.C. § 322(c)(7)(C)(I)), as amended from time to time, and any other services which are provided via the transmitting and/or receiving of electromagnetic waves and also including telephonic, radio, and television communications.

(115.2)

Wireless supported service facility. Antennas, antenna support structures and accessory wireless equipment building or any combination thereof utilized for or in connection with the provision of wireless supported services.

(116)

Yard. An open space on the same lot with a building, said space being unoccupied and unobstructed from the ground upward, except as otherwise permitted herein.

(117)

Yard, rear. The yard area lying to the rear of the principal building.

(118)

Yard, side. The year area lying to the sides of the principal building.

(118.1)

Yard trash. The term "yard trash" shall be as defined in Section 15-1.

(119)

Zoning Official. The Zoning Official shall be the Assistant Director for Zoning of the Department of Planning and Zoning.

(Ord. No. 57-19, § 4, 10-22-57; Ord. No. 58-41, § 1, 10-21-58; Ord. No. 59-48, § 1, 12-22-59; Ord. No. 63-11, § 1, 4-2-63; Ord. No. 64-34, § 1, 7-21-64; Ord. No. 66-62, § 1, 12-6-66; Ord. No. 68-1, § 1, 1-9-68; Ord. No. 69-60, §§ 1, 2, 9-17-69; Ord. No. 71-41, § 1, 5-18-71; Ord. No. 71-93, § 1, 11-30-71; Ord. No. 72-20, § 1, 3-21-72; Ord. No. 73-3, §§ 1—4, 1-19-73; Ord. No. 73-65, § 2, 7-17-73; Ord. No. 73-68, § 1, 7-17-73; Ord. No. 75-110, §§ 1, 2, 12-2-75; Ord. No. 76-1, §§ 1, 2, 1-6-76; Ord. No. 76-5, § 1, 1-20-76; Ord. No. 77-29, § 1, 5-3-77; Ord. No. 80-6, § 1, 2-5-80; Ord. No. 81-26, § 1, 3-17-81; Ord. No. 81-40, § 1, 4-21-81; Ord. No. 89-45, § 1, 5-23-89; Ord. No. 89-46, § 1, 5-23-89; Ord. No. 90-107, § 1, 9-25-90; Ord. No. 90-118, § 3, 11-6-90; Ord. No. 91-51, § 1, 5-7-91; Ord. No. 92-13, § 1, 3-3-92; Ord. No. 92-48, § 1, 6-2-92; Ord. No. 92-81, § 1, 7-21-92; Ord. No. 95-123, § 1, 7-11-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-219, § 1, 12-5-95; Ord. No. 96-81, §§ 1, 2, 6-4-96; Ord. No. 97-12, § 1, 2-25-97; Ord. No. 97-19, § 1, 2-25-97; Ord. No. 97-208, § 1, 11-18-97; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 01-02, § 1, 1-23-01; Ord. No. 01-99, § 1, 6-5-01; Ord. No. 01-131, § 1, 9-13-01; Ord. No. 02-46, § 1, 4-9-02; Ord. No. 02-88, § 1, 6-6-02; Ord. No. 02-231, § 1, 11-19-02; Ord. No. 03-213, § 1, 10-7-03; Ord. No. 04-56, § 1, 3-16-04; Ord. No. 04-60, § 1, 3-16-04; Ord. No. 04-118, § 1, 6-8-04; Ord. No. 04-215, § 1, 12-2-04; Ord. No. 08-11, § 1, 1-22-08; Ord. No. 09-102, § 1, 11-17-09; Ord. No. 10-08, § 1, 2-2-10; Ord. No. 10-19, § 1, 3-2-10; Ord. No. 10-20, § 1, 3-2-10; Ord. No. 10-22, § 1, 3-2-10; Ord. No. 10-58, § 1, 9-21-10; Ord. No. 10-73, § 1, 11-4-10; Ord. No. 11-04, § 1, 2-1-11; Ord. No. 11-32, § 1, 5-17-11; Ord. No. 11-92, § 1, 11-15-11; Ord. No. 12-49, § 1, 7-3-12; Ord. No. 12-96, § 1, 11-8-12; Ord. No. 13-42, § 1, 5-7-13; Ord. No. 13-76, § 1, 9-4-13; Ord. No. 13-82, § 1, 9-17-13; Ord. No. 13-83, § 6, 9-17-13; Ord. No. 14-03, § 1, 1-22-14; Ord. No. 15-107, § 1, 10-6-15; Ord. No. 15-126, § 1, 11-3-15; Ord. No. 16-91, § 1, 9-7-16; Ord. No. 15-115, § 1, 10-6-15; Ord. No. 17-06, § 1, 1-24-17; Ord. No. 17-43, § 1, 7-6-17; Ord. No. 16-74, § 1, 7-6-16; Ord. No. 18-93, § 1, 9-5-18; Ord. No. 18-123, § 1, 10-2-18; Ord. No. 19-20, § 2, 3-5-19; Ord. No. 19-41, § 1, 5-7-19; Ord. No. 19-50, § 2, 6-4-19; Ord. No. 20-20, § 2, 2-19-20; Ord. No. 20-110, § 1, 10-6-20; Ord. No. 20-108, § 2, 10-6-20; Ord. No. 21-5, § 1, 1-21-21; Ord. No. 21-59, § 2, 7-8-21; Ord. No. 22-146, § 2, 11-1-22; Ord. No. 23-85, § 2, 10-3-23; Ord. No. 24-14, § 2, 2-6-24; Ord. No. 24-27, § 2, 3-19-24; Ord. No. 25-5, § 2, 1-22-25; Ord. No. 24-92, § 6, 9-4-24; Ord. No. 25-105, § 2, 10-9-25)

For the purpose of this chapter, all the unincorporated area of the County is hereby divided into the following districts:

GU—Interim District

RU-1—Single-family Residential District

RU-1M(a)—Modified Single-Family Residential District

RU-1M(b)—Modified Single-Family Residential District

RU-2—Two-family Residential District

RU-3—Four-unit Apartment District

RU-3B—Bungalow Court District

RU-4L—Limited Apartment House District

RU-3M—Minimum Apartment House District

RU-4M—Modified Apartment House District

RU-4—High Density Apartment House District

RU-4A—Hotel Apartment House District

RU-5—Residential—Semi-professional Office District

RU-5A—Semi-professional Office District

RU-TH—Townhouse District

RU-RH—Rowhouse District

EU-M—Estates modified, single-family, minimum lot area 15,000 square feet

EU-S—Estate use, suburban

EU-1—Estates, residential, 1 acre or more in area

EU-1C—Estates, residential, 2½ acres or more in area

EU-2—Estates, residential, 5 acres or more in area

BU-1—Business Districts, neighborhood

BU-1A—Business Districts, limited

BU-2—Business Districts, special

BU-3—Business Districts, liberal

IU-1—Industrial Districts, light manufacturing

IU-2—Industrial Districts, heavy manufacturing

IU-3—Industrial Districts, unlimited manufacturing

IU-C—Industrial District, conditional

TND—Traditional Neighborhood Development District

AU—Agricultural District

GP—Governmental property

PAD—Planned Area Development

ECPAD—Employment Center Planned Area Development

REDPAD—Retail Entertainment District Planned Area Development

UDBPAD—Urban Boundary Planned Area Development

OPD—Office Park District

ULU—Utility lines underground

DKUC—Downtown Kendall Metropolitan Urban Center

NCUC—Naranja Community Urban Center

GCUC—Goulds Community Urban Center

PCUC—Princeton Community Urban Center

PECUC—Perrine Community Urban Center

OUA—Ojus Urban Area

CRMUC—Cutler Ridge Metropolitan Urban Center

LCUC—Leisure City Community Urban Center

MCUC—Model City Urban Center

NCUA—North Central Urban Area

PLMUC—Palmer Lake Metropolitan Urban Center

CCUA—Country Club Urban Area

BRCUA—Bird Road Corridor Urban Area

S—Stadium District

CD—Corridor District

MCD—Mixed-Use Corridor District

RMD—Residential Modified District

(Ord. No. 57-19, § 2, 10-22-57; Ord. No. 58-40, § 1, 10-7-58; Ord. No. 60-8, § 3, 2-9-60; Ord. No. 64-4, § 1, 2-4-64; Ord. No. 64-18, § 1, 5-5-64; Ord. No. 72-41, § 1, 7-27-72; Ord. No. 76-36, § 1, 4-20-76; Ord. No. 76-106, 12-7-76; Ord. No. 77-64, § 1, 9-20-77; Ord. No. 95-135, § 3, 7-25-95; Ord. No. 06-96, § 2, 6-20-06; Ord. No. 13-43, § 13, 5-7-13; Ord. No. 13-58, § 8, 6-4-13; Ord. No. 14-64, § 8, 7-1-14; Ord. No. 16-91, § 1, 9-7-16; Ord. No. 17-91, § 3, 11-21-17; Ord. No. 20-20, § 3, 2-19-20; Ord. No. 22-153, § 2, 11-15-22)

(a)

The boundaries of the various districts (zone classification districts) are shown upon the zoning maps on file with the Department, and such maps shall be known as the district boundary maps.

(b)

Regulating plans for each urban center or urban area district are maintained on file with the Department.

(c)

Changes in the boundaries of districts or changes to any elements depicted in regulating plans shall be made in accordance with appropriate laws, and such changes shall be shown on the district boundary maps or affected regulating plans.

(Ord. No. 59-48, § 3, 12-22-59; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 16-91, § 1, 9-7-16)

Cross reference— Definition of district, § 33-1(15).

Nothing shall be allowed on the premises in any district which would in any way be offensive or obnoxious by reason of color, design, or the emission of odors, liquids, gases, dust, smoke, vibration or noise. Nor shall anything be placed, constructed or maintained that would in any way constitute an eyesore or nuisance to adjacent property owners, residents, or to the community. No structure shall be erected, altered, structurally altered or moved except by methods and on locations as approved by the Director.

(Ord. No. 57-19, § 5(A), 10-22-57; Ord. No. 64-25, § 1, 7-7-64; Ord. No. 73-65, § 1, 7-17-73; Ord. No. 92-150, § 2, 12-1-92; Ord. No. 95-215, § 1, 12-5-95)

Lights for area lighting of outdoor areas, such as, but not limited to, tennis courts, golf courses, sporting areas or grounds, parking lots or areas, amusement or entertainment areas, and outside lighting for security purposes, shall not be permitted except under the following conditions:

(a)

Detailed plans shall be submitted to the Department showing the location, height, type of lights, shades, deflectors and beam directions.

(b)

The Department may issue a permit for such lighting if, after a review of the detailed plans therefor and after consideration of the adjacent area and neighborhood and its use and future development, the proposed lighting will be so located, oriented, adjusted and shielded that the lighting will be deflected, shaded and focused away from such adjacent property and will not be or become a nuisance to such adjacent property, and will not create a traffic hazard on adjacent streets by reason of glare or the like.

(c)

Upon a determination by the Department that the proposed lighting will not conform to the provisions of this subsection or as to the negative effect such lighting may have on the adjacent area and neighborhood or traffic, after considering the detailed plan and such area and neighborhood, the Department shall not issue a permit for the same, and no such lighting shall be permitted until approved after public hearing.

(d)

In addition, outdoor lighting for recreational and offstreet area parking purposes, or for any other purpose in the RU, EU, AU and GU Zones shall be designed so that any overspill of lighting onto adjacent properties shall not exceed one-half (½) footcandle (vertical) and shall not exceed one-half (½) footcandle (horizontal) illumination on adjacent properties or structures. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance from a registered engineer or architect or the duly authorized representative of such engineer or architect is provided stating that the installation has been field checked and meets the requirements as set forth above. The requirements of this subparagraph shall apply to any night lighting in BU and IU Zones abutting an RU, EU, AU, or GU Zone.

(e)

It is not intended here to regulate permitted sign lights and it is not the intent to modify, amend or repeal any portion of the South Florida Building Code.

(Ord. No. 63-47, § 1, 11-5-63; Ord. No. 75-73, § 1, 9-17-75; Ord. No. 79-114, § 2, 12-4-79; Ord. No. 95-215, § 1, 12-5-95)

Every building, every accessory structure used for non-dwelling purposes, including, but not limited to, garages, carports, cabanas, storage buildings, and every fence shall comply with the following requirements:

(a)

Every foundation, exterior and interior wall, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good repair.

(b)

Every accessory structure shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin.

(c)

The roof of every accessory structure shall be well drained of rainwater.

(d)

All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint and other approved protective coating, applied in a workmanlike fashion.

(Ord. No. 97-11, § 1, 2-25-97)

All buildings constructed shall be of an architectural style and color which will harmonize with the premises and with other buildings in the same neighborhood. All questions raised on this subject shall be referred to the appropriate zoning board for recommendation.

(Ord. No. 57-19, § 5(B), 10-22-57)

No permits shall be issued for work that would violate any provision of this chapter, or any recorded restriction which runs with the land that are accepted in connection with a public hearing or required by the County pursuant to the Community Zoning Appeals Board or County Commission resolutions.

(Ord. No. 57-19, § 5(C), 10-22-57; Ord. No. 69-59, § 1, 9-17-69; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 13-16, § 1, 2-5-13)

(a)

Subdivision of land. In addition to any applicable requirements regarding the subdivision of land in the unincorporated area as set forth in Chapter 28, no lot or portion thereof shall be separated for a new use which would reduce the lot area or width required for an existing use below the minimum required by this chapter. Nor shall a lot or portion thereof be separated below the minimum standards required by the applicable zone classification.

(b)

Resubdividing or refacing of lots. In addition to any other applicable requirements regarding the subdivision of land in the unincorporated area as set forth in Chapter 28, no land contained in a platted subdivision, whether or not the same is described by lot, tract or parcel, or has reverted to acreage, shall be resubdivided or refaced if, in the opinion of the Director, the same would be incompatible with or detrimental to the surrounding area or neighborhood. In making his determination he shall take into consideration the effect such would have on such area and neighborhood when considering the following:

(1)

Whether or not through lots would be established, and their effect on adjacent property;

(2)

Whether or not the character of the neighborhood would be changed;

(3)

Whether or not the width or area of the lots would be less than those existing;

(4)

Whether or not the front, side, or rear yards, or setbacks would be compatible with the remaining area or neighborhood, or change the yards or setbacks on immediately adjacent property;

(5)

Whether or not such would detrimentally increase the density of population or traffic.

The Director's determination pursuant to this section may be appealed in the manner provided in Section 33-311 for appeals of administrative variances and administrative adjustments.

(Ord. No. 19-51, § 2, 6-4-19)

Editor's note— Ord. No. 19-51, § 2, adopted June 4, 2019, repealed the former § 33-7 and enacted a new § 33-7 as set out herein. The former § 33-7 pertained to minimum lot areas and yards and derived from Ord. No. 57-19, § 5(D), adopted Oct. 22, 1957; Ord. No. 63-55, § 1, adopted Nov. 26, 1963; Ord. No. 64-12, § 1, adopted April 21, 1964; Ord. No. 91-119, § 1, adopted Oct. 1, 1991; Ord. No. 95-135, § 4, adopted July 25, 1995; Ord. No. 95-215, § 1, adopted Dec. 5, 1995; and Ord. No. 06-126, § 1, adopted Sept. 12, 2006.

Cross reference— Table of minimum width, area of lot, maximum lot coverage and minimum building sizes, § 33-49.

(a)

No structure other than a single-family or duplex dwelling shall be used, no existing use other than a single-family or duplex dwelling shall be enlarged, and no new use shall be made of any land, body of water, or structure, without first obtaining, on a form prescribed by the Director, a certificate of use (C.U.) therefor from the Department as required by this section.

(b)

Except as expressly provided in this section or elsewhere in this chapter or code, a certificate of use shall be required for each non-residential use and each multi-family building located within unincorporated Miami-Dade County and any other area over which Miami-Dade County exercises zoning jurisdiction.

(c)

In the event there is a question as to the legality of a use, the Director may require inspections, affidavits, and such other information the Director may deem appropriate or necessary to establish the legality of the use or verify representations in an application for a C.U., before a certificate of use will be issued, reissued, or renewed.

(d)

The Director shall have the right to periodically inspect premises at any reasonable time to ensure the existence of a current and valid C.U., and to ensure compliance with the terms and conditions under which a C.U. was issued.

(e)

The person or entity listed upon a Certificate of Title issued pursuant to Chapter 45, Florida Statutes as the purchaser of a single-family residence, condominium unit, townhouse or duplex shall obtain a C.U. from the Department prior to offering said residence for sale, transfer or other alienation. The C.U. required by this subsection (c) shall be for the purpose of determining whether or not the residence in question complies with all building codes and zoning codes applicable to the residence and to provide a disclosure of those findings. The Director shall require disclosure by requiring an inspection of the property by personnel authorized to conduct such inspections by the Director and to subsequently record in the public records of Miami-Dade County the inspection report. Said report shall include a good faith estimate of the cost to repair or remedy all code violations disclosed by the inspection. The Director shall prescribe the form of the inspection report and disclosure to ensure compliance with the intent of this section. Upon the recording of the inspection report and estimate in the public records of Miami-Dade County, the Director is authorized to issue the C.U. required by this subsection (c). The Director shall refer any County Code violations disclosed in the report to the proper County Department for enforcement action. County Departments are authorized to collect fees for inspections and other administrative costs and/or for the issuance of the C.U., as maybe applicable, and as established in the Departments' approved schedule of fees.

(f)

Except for C.U.s required by code or zoning resolution to be renewed annually or that are issued on a temporary basis, certificates of use shall remain valid for an unlimited time unless revoked for cause.

(g)

A C.U. is only valid for the specific address, business name, corporate name, and type of business for which it was issued. A new C.U. shall be required for: any changes in use, name, ownership, expansion of square footage occupied, or inclusion of additional uses; or when changes to a structure have been approved by final building inspection.

(h)

No certificate of use shall be construed to authorize use of a property in a manner contrary to the regulations contained in this chapter.

(Ord. No. 57-19, § 5(E), 10-22-57; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 02-114, § 1, 6-18-02; Ord. No. 08-133, § 1, 12-2-08; Ord. No. 24-27, § 3, 3-19-24)

Cross reference— Authority of Zoning Director to stop work pending investigation of materials, work and use, § 33-38.

(a)

Certain buildings, structures, improvements and installations are exempted by the Florida Building Code from building permit issuance, but must otherwise comply with the minimum requirements of this chapter. Therefore, such buildings, structures, improvements and installations shall be subject to review under the Zoning Improvement Permit (ZIP) standards contained in this section, as well as the regulations of the underlying zoning district.

(b)

The following buildings, structures, improvements and installations shall require a ZIP from the Department of Planning and Zoning:

(1)

Above ground pools that contain water over 24 inches deep;

(2)

Agricultural/farm buildings and non-habitable structures on bona fide farms;

(3)

Canopy carports, canopy and other fabric covered framework installed on residential properties;

(4)

Chickee huts constructed by Miccosukee or Seminole Indians;

(5)

Chain link fences, picket fences, ornamental iron fences and other fences installed on residential property that are deemed non-wind resistant; provided, however, any pool safety barrier fence and any fence with concrete columns shall require a building permit;

(6)

Decorative reflective pools and fishponds that contain water less than 24 inches deep, that contain less than 250 square feet in area, and contain less than 2,250 gallons in volume;

(7)

Decorative garden-type water fountains;

(8)

Parking lot refurbishing - resurfacing, re-striping or seal coating, and paving and drainage of existing parking lots;

(9)

Signs - balloon type;

(10)

Signs - painted wall type;

(11)

Signs - stick on letter type.

(c)

The director of the Department shall have the authority to require ZIP review for other buildings, structures, improvements and installations that are newly created or come about by changes in the state or local building codes.

(d)

In the event any portion of the subject property is contiguous to or across the street from a municipal boundary, applicant shall submit a boundary survey performed in accordance with Chapter 61G17-6.0031, Florida Administrative Code.

(e)

The submittal of plans shall be necessary to fully advise and acquaint the issuing Department with the location and use of the buildings, structures, improvements and installations, and such plans must accompany the application for a ZIP. The respective Directors of the Department of Public Works, Department of Environmental Resources Management, Miami-Dade County Fire Rescue Department and Department of Planning and Zoning shall review the submitted plans only to the extent of their respective jurisdiction under the Code of Miami-Dade County. In the event there is a question as to the legality of a use, the Director may require affidavits and such other information as may be deemed appropriate or necessary to establish the legality of the use, before a ZIP permit is issued.

(f)

Notwithstanding any other limitations imposed by the Code, a ZIP shall not be required to repair a ZIP-approved fence, provided that all of the following conditions are satisfied:

(1)

A Local State of Emergency declared in accordance with Section 8B-6(1) of the Code remains in effect and the disaster for which the Local State of Emergency was declared has ceased;

(2)

The repaired portion of the fence covers less than 50 percent of the linear feet of the ZIP-approved fence;

(3)

The repaired fence is in the same location as the ZIP-approved fence, is the same height as the ZIP-approved fence, and is made of the same material as the ZIP-approved fence; and

(4)

The repaired fence complies with Section 33-35 of the Code (Nonconforming Lots, Uses and Structures), if applicable.

(Ord. No. 03-186, § 1, 9-9-03; Ord. No. 05-191, § 1, 11-1-05; Ord. No. 16-129, § 2, 11-15-16; Ord. No. 19-65, § 2, 7-10-19)

(a)

No building or structure shall be moved from one (1) lot or premises to another, unless such building or structure shall thereupon be made to conform with all the provisions of this chapter relative to building or structures hereafter erected upon the lot or premises to which such buildings or structures shall have been moved.

(b)

The Director is hereby authorized to require any person applying to obtain a permit to move a building or structure from one (1) lot or premises to another, to post a bond, either in cash or surety company bond, meeting with the approval of the Director in a sum not to exceed two thousand five hundred dollars ($2,500.00), deposited with the Clerk of the County Commission, if a cash bond, or if a surety bond, payable to the County, conditioned upon the applicant's compliance in all respects with the building and zoning codes pertaining to the area on which such a building shall have been moved.

(c)

A building shall not be moved on, across or along a public highway without a permit being obtained from the Department and the Department of Public Works. A building to be moved shall be routed over highways and bridges as directed by the Director of Public Works.

(Ord. No. 57-19, §§ 5(F), 28(C), 10-22-57; Ord. No. 95-215, § 1, 12-5-95)

Where a lot extends through from one (1) street to another, the setback requirement for each such street shall be complied with and any building shall have dual facing. Lots which have a decorative wall as defined in Section 28-1(k) along the rear property line as required by plat shall not be considered through lots.

(Ord. No. 57-19, § 5(G), 10-22-57; Ord. No. 92-13, § 2, 3-3-92)

(a)

Permits; conformance to requirements; erection on property lines; chain link fences restricted. Permits shall be required for all walls and fences, and except as may be approved as a result of public hearings, walls, fences, which obscure or obstruct vision, and hedges shall be restricted to the height, location and type as indicated hereinafter, and except when a higher wall, fence or hedge is required as a visual screening buffer at the rear of double frontage lots under Chapter 28.

(1)

Except as hereinafter restricted, all walls, fences and hedges may be placed on the property lines. This section, however, shall not be construed to permit such walls, fences and hedges to extend beyond the official right-of-way lines or property lines.

(2)

Notwithstanding anything in this code to the contrary, chain link fences shall be permitted only behind the front building line in all districts, except that chain link fences are permitted in the front building line in AU districts, EU-1 and EU-2 districts, IU districts, and GU districts trended agricultural, EU-1, or EU-2, and for construction fences governed by the Florida Building Code and fences used to temporarily secure unsafe structures in accordance with the provisions of this code. Chain link fences lawfully existing prior to November 13, 2015 may remain, subject to the nonconforming use provisions of Section 33-35.

(b)

Exterior finish of walls and fences.

(1)

All walls and fences shall be maintained in good, clean and finished condition.

(2)

A fence with a finished and unfinished side shall:

(i)

be erected so that the unfinished side and supporting members face inward toward the interior of the property; and

(ii)

have the finished side facing the neighboring property or street (outward).

(3)

A continuous wall or fence that is owned by multiple property owners or held in common ownership shall be of uniform construction and materials and its exterior shall also be maintained in good, clean and finished condition for the entire length of said wall or fence.

(4)

Each side of a CBS wall shall be completely finished with stucco and paint.

(5)

Each side of a decorative masonry wall shall be completely painted; however, walls comprised of decorative brick and natural stone may be left unpainted provided the cement and grout are finished on both sides.

(6)

If a wall is to be placed on a shared property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall.

(i)

If such consent cannot be obtained, the property owner erecting the wall must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing address(es) as listed in the most current Miami-Dade County tax roll, and the mailing was returned undeliverable or the adjacent property owner(s) failed to respond to the request within 30 days after receipt.

(ii)

Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall.

(7)

Cloth, fabric, canvass, silt screens, mesh, or other such material shall not be utilized as a fence unless otherwise required by law or unless being utilized in IU (Industrial), BU (Business), OPD (Office Park), RU-4A (Hotel Apartment House), RU-5 (Residential-Semi-Professional Office), and RU-5A (Semi-Professional Office) zoning districts, or pursuant to subsection (f) below.

(c)

Height at intersection. Fences, walls, bus shelters or hedges shall not exceed two and one-half (2.5) feet in height within the safe sight distance triangle, as defined below. The height of fences, walls, bus shelters and hedges shall not exceed two and one-half (2.5) feet in height within ten (10) feet of the edge of driveway leading to a public right-of-way.

The safe sight distance triangle area shall not contain obstructions to cross-visibility at a height of two and one-half (2.5) feet or more above pavement; potential obstructions include, but are not limited to, structures, grass, ground covers, shrubs, vines, hedges, trees, rocks, walls and fences. The following table represents minimum criteria for determining the required area of cross-visibility:

Safe Sight Distance Triangle Table

 *Visibility distances measured from center line of minor street, along right-of-way line of through street.

**Depth visibility on minor street measured from right-of-way line of through street, along center line of minor street (public or private street).

Table interpretations and waivers of the above requirements shall be made in writing by the Director of the Public Works Department.

(d)

Measuring height of wall, fence or hedge. The height of a wall, hedge or fence shall be the vertical distance measured from the average elevation of the finished building site to the top of the wall, hedge or fence. The average elevation shall be measured along both sides of the wall, hedge or fence line. Virgin land may not be increased or decreased to affect the permitted (or required) height of a wall, hedge or fence unless the entire building site is graded to even out the level of the site or to increase it to the required Miami-Dade County flood criteria elevation. Average elevation shall be determined by taking elevations along both sides of the wall, hedge or fence line, at five-foot intervals and totaling the same and then dividing the total by the number of stations at which the elevations were taken.

(e)

Height between different districts. Notwithstanding any provisions in this chapter to the contrary, where an RU District abuts another district, a fence, wall, or hedge on the RU property may be erected or maintained on the common property line at the maximum height permitted in the abutting district.

(f)

Fences for tennis courts; fences and walls for other recreational uses. Fences for tennis courts may be erected up to fourteen (14) feet in height if such fence conforms to accessory use setbacks. Fences and/or walls in connection with other permitted recreational uses, such as baseball backstops, handball courts, and the like, shall be permitted of a height necessary for the particular use if required accessory use setbacks are observed.

(g)

Wire fences, chain link fences, barbed wire and electricity charged fences. Wire fences and chain link fences shall be allowed in all districts in accordance with the provisions of this section and except where otherwise prohibited by this chapter. Cloth, fabric, canvass, silt screens, mesh, plastic cross mats, or other such material affixed to wire fences or chain link fences must be properly maintained. Failure to properly maintain the material shall be a violation of this section. Unless otherwise required by local, state, or federal law, wire fences and chain link fences on properties in RU and EU districts shall not have the application of cloth, fabric, canvass, silt screens, mesh, plastic cross mats or other such material; and if required by law, such material shall not be affixed without first obtaining a building permit. Barbed wire fences and fences charged with electricity shall be permitted only in the AU Zoning District, except as may be approved after public hearing and except:

(i)

Barbed wire fences shall be permitted in the BU and IU Zones where such barbed wire is placed on an angle extension of not more than sixteen (16) inches on top of walls or fences at least six (6) feet in height. This extension shall contain no more than three (3) strands of barbed wire and shall not extend over official rights-of-way or over property under different ownership.

(ii)

Electrically charged secondary wire fences that are pulsating shall be permitted in IU Districts where such fences conform with the requirements of Section 33-11(k).

(h)

Heights in RU and EU-M Districts.

(1)

In the RU and EU-M Districts, the height of any fence or wall shall not exceed 6 feet.

(2)

In the RU and EU-M Districts, the height of any hedge shall not exceed 7 feet. Notwithstanding the foregoing, where an RU District abuts, is adjacent to, or within a one block radius of a BU or IU District, or the municipal equivalent, the height of any hedge on the RU District facing such BU or IU District shall not exceed 10 feet.

(3)

In the RU-5 and RU-5A Districts, fences, walls and hedges shall conform to these regulations, except as may otherwise specifically be required by the District regulations.

(i)

Height in other EU, AU and GU Districts. In EU Districts other than EU-M, and in AU and GU Districts, the height of any fence or wall shall not exceed six (6) feet when located within the required front or side street setback areas; In EU Districts other than EU-M, and in AU and GU Districts, the height of any hedge shall not exceed seven (7) feet when located within the required front or side street setback areas. At other points in such districts, fences, walls or hedges shall not exceed eight (8) feet in height. The Director may authorize hedges of a greater height for windbreaks for groves when necessary to protect same.

(j)

Height in BU and IU Districts. In the BU and IU Districts:

(1)

The height of any wire fence shall not exceed 8 feet when located within the required front or side street setback areas; when located between the building line and other property lines, not to exceed 8 feet in height.

(2)

Walls and hedges, when located within the required front or side street setback areas shall not exceed 4 feet in height; when located between the building line and other property lines, walls and hedges shall not exceed 8 feet in height.

(3)

It is provided, however, that electrically charged secondary wire fences in IU Districts shall not exceed 10 feet or 2 feet above the height of primary perimeter fence, whichever is lower.

(k)

IU Districts, fence in lieu of wall. In IU Districts, a wire fence or combination wire fence and electrically charged secondary wire fence that is pulsating shall be permitted in lieu of a masonry wall as required in the IU Districts under the following conditions:

(1)

That the property concerned is zoned industrial and the adjacent property, either abutting on or across the street from where the fence is to be erected is zoned industrial.

(2)

The storage within such fences be limited to vehicles, equipment and new materials.

(3)

That all required parking be excluded from the fenced-in area, unless otherwise approved by the Director.

(4)

Where abutting property is other than industrial, or where the property on the street opposite the industrial site concerned is zoned other than industrial, a concrete wall will be erected as otherwise provided for in this chapter.

(5)

Electrically charged secondary wire fences shall be completely surrounded by a non-electrical fence or wall located between the electrically charged wire fence and the perimeter of the property; and

(6)

The height of the electrically charged secondary wire fence shall not exceed ten (10) feet or two (2) feet above the height of a non-electrical perimeter fence, whichever is lower; and

(7)

Electrically charged wire fences shall be clearly identified with warning signs that read: "Warning - Electric Fence". Such warning signs in three languages, English, Spanish and Creole, shall be posted on the electrically charged fence at least five (5) feet above finished grade and spaced no greater than sixty (60) feet apart; and

(8)

A Building permit shall be required prior to installing an electrically pulsating charged wire fence. Said fence must meet all applicable life-safety codes.

It is provided, however, that the limitations set forth in this section for electrically charged fences shall not apply to United States Military Bases.

(l)

Requirements to prevent stormwater runoff from development abutting single-family homes at lower elevation.

(1)

Where plans show a property being developed or redeveloped to a higher elevation standard than an abutting property that is either zoned RU-1 or developed with a single-family home, such plans shall be reviewed by the DERM Director, as defined in Section 24-5, with respect to stormwater runoff, in addition to other applicable provisions of Chapters 11C and 24, to prevent stormwater runoff onto the abutting single-family property.

(2)

The Director shall not approve such plans until the DERM Director has issued a written approval that the plans comply with the requirements related to stormwater runoff. Any wall on the newly developed or redeveloped property shall meet all applicable requirements of this section and chapter and Chapters 11C and 24.

(3)

This subsection shall not be construed to obviate any other reviews that may be necessary pursuant to this chapter or Chapters 11C or 24.

(m)

Fences and walls for nonpublic educational facilities and public charter school facilities. Notwithstanding any provision of this chapter to the contrary, fences or walls for nonpublic educational and child care facilities subject to Article XA, and for public charter school facilities subject to Article XI, may be erected up to 14 feet in height, subject to the following:

(1)

When abutting a parcel that is zoned for or developed with a single-family or duplex use, the maximum height of the fence or wall along that property line shall be eight feet.

(2)

Fences or walls used to enclose permitted recreational uses, such as baseball backstops, handball courts, and the like, shall be permitted to the maximum height necessary for the particular use, provided that the wall or fence complies with the applicable setbacks for accessory structures.

(n)

Fences for historically designated cemeteries. Notwithstanding anything in this Code to the contrary, the requirements of this section shall not apply to fences for historically designated cemeteries where a determination has been made by the Historic Preservation Board or Historic Preservation Chief, as applicable, that a particular height, material, or type of fence is historically appropriate. It is provided, however, that no such fence shall exceed 8 feet in height, absent a variance of this provision.

(Ord. No. 69-62, § 1, 9-17-69; Ord. No. 70-20, § 1, 3-11-70; Ord. No. 80-127, § 1, 11-4-80; Ord. No. 82-31, § 1, 4-20-82; Ord. No. 85-31, § 2, 5-7-85; Ord. No. 89-109, § 1, 11-7-89: Ord. No. 95-25, § 1, 2-7-95; Ord. No. 95-199, § 1, 11-7-95; Ord. No. 03-159, § 1, 7-8-03; Ord. No. 05-77, § 1, 4-19-05; Ord. No. 10-87, § 1, 12-7-10; Ord. No. 11-57, § 1, 8-2-11; Ord. No. 11-68, § 1, 9-20-11; Ord. No. R-13-09, § 1, 2-5-13; Ord. No. 14-06, § 1, 1-22-14; Ord. No. 15-128, § 1, 11-3-15; Ord. No. 15-143, § 1, 12-1-15; Ord. No. 24-10, § 2, 2-6-24; Ord. No. 24-11, § 2, 2-6-24; Ord. No. 24-31, § 2, 4-2-24; Ord. No. 24-94, § 1, 9-17-24)

Cross reference— Wall around junkyards, § 33-15.

(a)

Required for final inspection of pool. No final inspection and approval for a swimming pool shall be given by the Department, unless there has been erected a safety barrier as hereinafter provided. No pool shall be filled with water unless a final inspection has been made and approved, except for testing purposes as may be approved by the Department of Planning and Zoning.

(b)

Types permitted. The safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, a concrete block wall or other materials, so as to enable the owner to blend the same with the style of architecture planned or in existence on the property.

(c)

Height. The minimum height of the safety barrier shall be not less than four (4) feet.

(d)

Location of barrier. The safety barrier shall be erected either around the swimming pool or around the premises or a portion thereof on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area. Pools located in enclosed structures or on the roofs of buildings shall not require the installation of barriers as required herein.

(e)

Gates. Gates shall be of the spring lock type, so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the swimming pool is not in use.

(f)

Permits. Before any work is commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of this chapter. No swimming pool permit shall be issued unless simultaneously therewith a permit is secured for the erection of the required safety barrier, provided however, that in lieu of the permit for a safety barrier, a written statement from the owner certifying that he understands and agrees that the pool cannot be used or filled with water until a permit has been obtained for an approved safety barrier and such barrier erected, inspected and approved will be acceptable. This certification, however, will not eliminate the need for obtaining a permit and erecting an approved barrier prior to final inspection and use of the pool. If the premises are already enclosed, as hereinbefore provided, permit for the safety barrier shall not be required, if, upon inspection of the premises, the existing barrier and gates are proven to be satisfactory.

(g)

Wooden fences. In the wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable and impenetrable.

(h)

Walls. Walls, whether of the rock or block type, shall be so erected to make them nonclimbable.

(i)

Wire fences. Wire fences shall be the two (2) inch chain link or diamond weave nonclimbable type, or of an approved equal, with top rail, they shall be of a heavy, galvanized material.

(j)

Refusal of permit. It shall be within the discretion of the Director to refuse approval of an barrier which, in his opinion, does not furnish the safety requirements of this section, i.e., that is high enough and so constructed to keep the children of preschool age from getting over or through it.

(k)

Maintenance. It shall be the responsibility of the owner and/or occupant of the premises upon which the swimming pool is hereafter erected to maintain and keep in proper and safe condition the safety barrier required and erected in accordance with this chapter.

(Ord. No. 57-19, § 5, (CC), 10-22-57; Ord. No. 64-53, § 1, 10-23-64; Ord. No. 74-33, §§ 1, 2, 5-7-74; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98)

Cross reference— Operation of public swimming pools, Ch. 27; location of swimming pools on lot, § 33-20(c).

(a)

Prohibited in residential district. Any use of premises in a residential district which conflicts with normal and expected use in the district is prohibited.

(b)

Teaching music; raising poultry. The teaching of music for profit, the raising of poultry for sale, and other occupations which are operated as a business shall not be permitted in any district where such use obviously is in conflict with the prescribed and expected uses therein.

(c)

Reserved.

(d)

Cultural arts shall be classified as a business or industry for the purpose of this chapter, except as taught in a building located as specified in section on buildings of public assemblage.

(e)

Unusual and new uses.

(i)

Unless approved upon public hearing, the following unusual uses or uses similar thereto shall not be permitted in any district save and except in those districts that permit such uses without a public hearing:

(1)

Airport;

(2)

Airplane crop dusting field;

(3)

All zoning applications by State and municipal entities and agencies;

(4)

Amusement rides and enterprises;

(5)

Amusement center (except in BU-1A Zone in which such use is permitted);

(6)

Archery ranges;

(7)

Art galleries and museums (educational and philanthropic) in districts more restrictive than RU-4;

(8)

Auction sales;

(9)

Auto, truck, machinery salvage yards;

(10)

Bathing beach;

(11)

Boat salvage;

(12)

Bombing field;

(13)

Canal excavation, where not a part of C. & S. F. F. C. D. and County secondary canal system;

(14)

Carnivals, circuses;

(15)

Convalescent homes;

(16)

Day camp;

(17)

Day nursery in zone more restrictive than RU-3;

(18)

Dog kennel, in district more restrictive than BU-3 or IU-1;

(19)

Dog training track;

(20)

Electric substation;

(21)

Electric power plant;

(22)

Frog farm;

(23)

Garbage and waste dumps;

(24)

Gas distribution system and plant;

(25)

Golf course except in RU-1 and other Districts where the same is a permitted use; golf course clubhouse and incidental uses in all districts more restrictive than the BU-1 District; golf driving range;

(26)

Group residential facilities, except where such facilities, or particular types of such facilities, such as group homes and community residential homes, are expressly allowed as permitted uses;

(27)

Gypsy camp;

(28)

Heliports;

(29)

Hospitals (not animal hospital) in district more restrictive than RU-4;

(30)

Incinerators;

(31)

Indian village;

(32)

Institutions for handicapped persons (except group homes and community residential homes where same is a permitted use), including, but not limited to, incidental related facilities such as workshops, sales of products fabricated therein, residential quarters, educational training facilities;

(33)

Infirmary, commissary, or any one or combination of such related incidental facilities;

(34)

Junkyard;

(35)

Kindergarten in zones more restrictive than RU-3;

(36)

Lake excavation and asphalt plant, concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection with lake excavation(s), excluding those uses expressly allowed in the "Rockmining Overlay Zoning Area" as defined in Section 33-152;

(37)

Landing field;

(38)

Movie (open air) except as provided in BU-1A Zone;

(39)

Nightclub in BU-2 or more liberal districts;

(40)

Oil and gas well drilling and essential, incidental uses thereto, such as minimum storage facilities; in AU and GU Districts subject to conformance to all applicable Florida State statutes and rules and regulations of the State Board of Conservation and other applicable state rules and regulations;

(41)

Outdoor display;

(42)

Outdoor paint testing laboratory;

(43)

Outdoor patios and table service in connection with restaurants in zones more restrictive than BU-1 and IU-1;

(44)

Palmist and psychic readers;

(45)

Parking (noncommercial parking in zones more restrictive than in which the use it serves is located);

(46)

Pistol ranges;

(47)

Pony rings;

(48)

Private club in RU-3B and RU-3 and more restrictive districts, including, but not limited to, AU and GU Districts;

(49)

Private playgrounds and recreational area; except for those allowed pursuant to Section 33-199;

(50)

Public and private utility facilities such as electricity, gas, water, telephone, telegraph, cable TV., and including work centers (repair and storage areas for trucks, heavy equipment, pipe, meters, valves, cable, poles) as accessory uses, and including sewage treatment plants and lift stations and water treatment plants and pumping stations, excluding temporary package water and sewage treatment plants approved by the Environmental Quality Control Board and until December 31, 2008, excluding any telecommunications antenna owned and operated by a telecommunications company providing services to the public for hire attached to any pole or H-frame or lattice structure owned by a utility which is used in and is part of the utility's network for the provision of electric services, provided that (a) equipment appurtenant to the antenna is maintained on the utility pole or structure, (b) the utility pole or structure does not exceed one hundred twenty-five (125) feet in height above ground unless the utility pole or structure is located in an easement or right-of-way which is greater than fifty (50) feet in width or, if less than fifty (50) feet in width, such easement or right-of-way is adjacent to and parallel with road right-of-way which is one hundred (100) feet or greater in width, and (c) the antenna was attached to the utility pole or structure prior to January 1, 1997;

(51)

Race tracks;

(52)

Retirement villages, including as an accessory use commercial facilities of the BU-1 type;

(53)

Rifle range;

(54)

Rock pits (filling of);

(55)

Rock quarries;

(56)

Rooming house;

(57)

Shopping center promotional activities;

(58)

Skeet range;

(58.1)

Solar facility, including floating solar facility, not otherwise authorized as a permitted use pursuant to the applicable zoning district regulations or pursuant to Section 33-20.

(58.2)

Floating solar energy system not otherwise authorized pursuant to Section 33-20.

(59)

Subdivision entrance gates and entrance features not conforming to regulations;

(60)

Testing laboratory or plant;

(61)

Tourist attractions;

(62)

Radio and TV transmitting stations;

(63)

Trailer as watchman's quarters;

(64)

Trailers or tourist camp;

(65)

Trap range;

(66)

Water tank and tower;

(67)

Water treatment plant;

(68)

Water use facilities;

(69)

Wireless Supported Service Facilities except as provided for in Sections 33-63.2 and 33-63.3;

(70)

Wood burning barbecue (commercial); and

(71)

Zoo (except in public park).

(ii)

Residential complex. A complex of buildings used or intended to be used as one (1) private home and residence containing the usual sleeping quarters, cooking, living, sanitary, ventilating, lighting and heating facilities where there is but one (1) kitchen and dining facility, both contained in the same building, although other residential rooms may be in separate buildings but so planned and situated as to be used only as a residence by one (1) family and not as separate rental units, may be permitted if approved after public hearing; and if so approved, an exception may be granted to the requirements for the spacing between the buildings of the complex, and to the setbacks from the property lines where the same abuts a waterway, body of water, park, playground, golf course, railroad right-of-way and similar open spaces.

(iii)

New uses. Those uses or enterprises similar to those enumerated in the Business (BU) or Industrial (IU) Districts will be permitted in the BU or IU Districts which permits one (1) or more similar uses; provided the Director finds that such new use is not more objectionable than the enumerated uses in such district, is similar thereto and will be compatible therewith. No use that is enumerated in any BU or IU District will be permitted in a more restrictive district.

(iv)

Excavation accompanied by class I or class IV permit. A public hearing for the following unusual uses or uses similar thereto within coastal or freshwater wetlands, as defined in Section 24-3 of the Code of Miami-Dade County, shall be held by the Community Zoning Appeals Board and shall include a simultaneous public hearing for class I or class IV permit applications as provided pursuant to Section 24-58.2 of the Code of Miami-Dade County:

(1)

Canal excavation;

(2)

Lake excavation, including the following ancillary uses (if requested): Concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection therewith;

(3)

Rock pits (filling of);

(4)

Rock quarries and other lake excavations.

(v)

Amendments or modifications to previously approved excavations accompanied by class I or class IV permit. The permit applicant may, at his or her option, obtain a public hearing before the Community Zoning Appeals Board for amendments or modifications to the following previously approved unusual uses or uses similar thereto, said public hearing to be held simultaneously to the public hearing required for a class I or class IV permit application, as provided pursuant to Section 24-58.2 of the Code of Miami-Dade County:

(1)

Canal excavation;

(2)

Lake excavation, including the following ancillary uses (if requested): Concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection therewith;

(3)

Rock pits (filling of);

(4)

Rock quarries and other lake excavations.

(vi)

Lake excavation outside the Urban Development Boundary for zoning districts authorizing residential uses. Notwithstanding any other provisions of this section, Section 33-16, or other provision to the contrary, for a lake excavation outside of the Urban Development Boundary in a zoning district authorizing residential uses, the off-site transfer of any fill or aggregate material produced or gained as a result of the lake excavation shall be prohibited. All such excavated material shall be retained on site or used as fill for uses on the site. Relief from these requirements shall be permitted only pursuant to the standards and requirements for non-use variances set forth in Section 33-311(A)(4)(b). This subsection shall not apply to the following:

(1)

Properties located within the Rock Mining Overlay Zoning Area (ROZA) as defined in article XLI or that are otherwise approved for a bona fide rock mining use; and

(2)

Comprehensive Everglades Restoration Projects or similar environmental restoration projects by a federal, state, or local government agency, as determined by the Department's Division of Environmental Resources Management, or successor entity.

(f)

Exception for sewer lift stations and pumping stations. Notwithstanding the requirements of Section 33-13(e) or any other sections of this Chapter, sewer lift stations and pumping stations, including generators in connection with such stations and any other structures necessary to their operation, shall not be considered an unusual use requiring a public hearing in any zoning district where:

(1)

Stations and accessory structures including generators in connection with such stations are required by the Miami-Dade County Water and Sewer Department or other service providers as a condition of service;

(2)

Stations and accessory structures including generators in connection with such stations are located and required to serve development(s) within the Urban Development Boundary (UDB) as indicated on the Comprehensive Development Master Land Use Plan Map (LUP);

(3)

A landscape plan for such stations has been submitted to and approved by the Director; indicating hedges (a) a minimum of three (3) feet in height when measured immediately after planting; and (b) planted and maintained to form a visual screen around the site within one (1) year after the time of planting, except that openings shall be required for providing adequate ingress, egress, and maintenance to the site for the purpose of maintaining said stations and accessory structures; and

(4)

All fencing is to be provided on site in accordance with the requirements of Section 33-11(g).

Additionally, where the requirements of this subsection have been met, lift stations and pumping stations, including generators and any other structures necessary to their operation, may be placed upon a site without regard to lot width, lot area, lot coverage or setback requirements established in this Chapter for the applicable zoning district.

(g)

Circuses or carnivals may be operated on GU and AU properties which are located within the Urban Development Boundary, and in BU-2 and all IU Districts, and on properties having a current certificate of use for church or school use without a public hearing as prescribed in the above paragraph, provided:

(1)

Written waivers of objection for the specific use and length of time that the carnival or circus will remain in the location are obtained from fifty (50) percent of all property owners within two hundred fifty (250) feet.

(2)

Written waivers of objection are obtained from forty (40) percent of homeowners and residential building owners and residential tenants within five hundred (500) feet and subsequent investigation by the Director does not determine other objections, and provided further that no such use shall be for more than fifteen (15) days.

(3)

Carnival and circus use on school, church or shopping center premises shall be limited to four (4) events per calendar year. The first two of such events shall not be subject to the restrictions listed in (g)(1) and (g)(2), provided that no such event shall be for more than fifteen (15) days.

(4)

The necessity for waivers of objection as enumerated in (f)(1) and (2) above shall be waived by the Director on developed shopping center sites containing not less than sixty (60) acres where the rides, tents and booths associated with the event are set back a minimum of five hundred (500) feet from any residential structure, providing subsequent investigation by the Director does not determine any objections related to health, safety, or welfare.

(h)

Mobile Food Service Operations Special Event (MOFSE). Special event consisting of a concentration of Mobile Food Service Operations shall be permitted without a public hearing provided:

(1)

The MOFSE shall:

(a)

Be limited to one (1) MOFSE per week not to exceed three consecutive days at a given site.

(b)

Be permitted to operate in properties in commercial, industrial, urban center districts, GU (where trended for industrial or commercial use) zoning districts and in residential zoning districts on properties having a current Certificate of Use and occupancy as a museum, hospital, school, government facility or church.

(c)

Operate no later than 10:00 p.m. on weekdays, midnight on weekends, and 1:00 a.m. on weekends in industrial areas where there are no residential areas within one thousand (1,000) feet. Up to four days per year, a MOFSE may operate until midnight on a weekday, provided that it occurs on a holiday, and provided that these four dates are included as part of the schedule of events provided in the application and are indicated on the Certificate of Use.

(d)

Not permit the sale of alcoholic beverages.

(e)

Obtain a building permit from the Building and Neighborhood Compliance Department in the event of erection of temporary structures or stages.

(2)

A Certificate of Use shall be obtained for each MOFSE site on an annual basis.

(a)

A Certificate of Use (CU) package for MOFSE sites shall be obtained, completed and submitted to the Department of Planning and Zoning. The completed package shall include all of the following:

(1)

Notarized letter from property owner of record authorizing the MOFSE described in the application package and designating a MOFSE Coordinator and an alternate.

(2)

Written waivers of objection from eighty (80) percent of the owners or residents of residentially zoned properties within one thousand (1,000) feet. The Director shall not count unoccupied properties in calculating the eighty (80) percent.

(3)

Schedule of events.

(4)

Notification and sign-off from Miami-Dade Police Department.

(5)

A traffic safety and security plan.

(6)

Narrative from applicant describing the hours of operations, estimated public attendance, and description of any other amenities provided.

(7)

Copies of State licenses of each of the individual Mobile Food Service Operations participating.

(8)

The maximum number of individual Mobile Food Service Operations which may be present at the MOFSE. This maximum number shall be indicated on the Certificate of Use.

(9)

Site plan or survey indicating the following, which shall consider the MOFSE's estimated public attendees and the maximum number of individual Mobile Food Service Operations:

(a)

General placement of the individual Mobile Food Service Operations.

(b)

Location of refuse facilities, if not hauled away by the individual Mobile Food Service Operations.

(c)

Location of sanitation facilities.

(d)

Location of on-site and off-site parking areas.

(e)

Lighting fixtures, if applicable.

(f)

Rights-of-way, internal circulation and ingress and egress.

(g)

Class A (temporary signs) shall meet the requirements for special event signage. Location, number and size shall be indicated on the site plan.

(b)

If it is found that the MOFSE is operating in manner not consistent with the representations made in the application package provided to the Department or that the MOFSE coordinator fails to comply with the provisions of Section 33-13(h)(3), the Director shall have the authority to revoke the CU immediately.

(3)

MOFSE Coordinator. The designated MOFSE Coordinator or alternate shall:

(a)

Assist in the placement/positioning of individual Mobile Food Service Operations in a MOFSE.

(b)

Maintain for inspection at MOFSE site all pertinent documentation provided by the individual Mobile Food Service Operations such as proof of licensing and insurance.

(c)

Assure compliance with hours, clean-up and other CU requirements.

(4)

MOFSE located at County parks, sports stadiums or racetracks during events shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(i)

Farmers' Markets may be operated on BU and IU properties and on properties having a current certificate of use and occupancy for church, school, museum, hospital, parks or government facility without a public hearing, provided:

(1)

Farmers' markets shall not operate more than once a week, from sunrise to sunset. A farmers' market operator seeking hours past sunset or additional days shall provide waivers of objection from fifty (50) percent of the property owners within a two-hundred and fifty (250) foot radius of the farmers' market use.

(2)

Farmers' markets sales shall be limited to the following:

(i)

Edible farm products including, but not limited to, fruits and vegetables, provided that a majority of the agricultural products offered for sale are grown in Miami-Dade County.

(ii)

Plants.

(iii)

Teas and spices.

(iv)

Locally prepared food such as jams, jellies, breads, cakes and similar products.

(v)

The on-site preparation of juices, smoothies, coffee, and similar items is allowed.

(vi)

Except as provided herein, the on-site cooking of food shall be prohibited. It is provided, however, that microwaves, hot plates, Sterno, or other similar warming devices may be used to warm pre-cooked foods.

(vii)

At least fifty-one (51) percent of the products sold shall be fruits, vegetables and plants.

(3)

Farmers' markets may host healthy living, educational sessions, including healthy cooking demonstrations.

(4)

No permanent structures shall be erected, except that, where an existing structure is permitted for the primary use allowed on the property, the farmers' market may be conducted within that structure.

(5)

If the Director determines that the farmers' market use becomes a hazard to health, safety, or welfare, the farmers' market use shall be discontinued.

(6)

A Certificate of Use shall be obtained for the farmers' market on an annual basis.

(i)

A Certificate of Use (CU) package for Farmers' Market sites shall be obtained, completed and submitted to the Department of Regulatory and Economic Resources. The completed package shall include all of the following:

(a)

Notarized letter from property owner of record authorizing the Farmers' Market described in the application.

(b)

Narrative from applicant describing the hours of operations, estimated public attendance, and description of any other amenities provided.

(c)

Verification that a majority of the farm products offered for sale are grown in Miami-Dade County.

(d)

The maximum number of vendors. This maximum number shall be indicated on the Certificate of Use.

(e)

Site plan or survey indicating the following:

(1)

General placement of the individual vendors.

(2)

Location of refuse facilities.

(3)

Location of on-site and off-site parking areas.

(4)

Rights-of-way, internal circulation and ingress and egress.

(5)

Class A (temporary signs) shall meet the requirements for special event signage. Location, number and size shall be indicated on the site plan.

(7)

Farmers' markets located at County parks, sports stadiums or racetracks shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(Ord. No. 57-19, § 5(I), 10-22-57; Ord. No. 60-15, 4-26-60; Ord. No. 62-22, § 2, 5-15-62; Ord. No. 63-8, § 1, 3-12-63; Ord. No. 63-11, § 2, 4-2-63; Ord. No. 64-11, § 1, 4-7-64; Ord. No. 64-58, § 1, 11-17-64; Ord. No. 65-6, § 1, 1-26-65; Ord. No. 65-12, § 1, 2-16-65; Ord. No. 65-13, § 1, 3-16-65; Ord. No. 65-23, § 1, 4-6-65; Ord. No. 66-65, § 1, 12-20-66; Ord. No. 68-1, § 2, 1-9-68; Ord. No. 68-18, § 1, 4-16-68; Ord. No. 71-41, § 2, 5-18-71; Ord. No. 76-5, § 2, 1-20-76; Ord. No. 76-37, § 1, 4-20-76; Ord. No. 77-43, § 1, 6-21-77; Ord. No. 83-70, § 14, 9-6-83; Ord. No. 87-4, § 1, 2-3-87; Ord. No. 88-83, § 1, 10-4-88; Ord. No. 89-45, § 2, 5-23-89; Ord. No. 89-46, § 2, 5-23-89; Ord. No. 90-107, § 2, 9-25-90; Ord. No. 91-51, § 5, 5-7-91; Ord. No. 91-93, § 1, 9-16-91; Ord. No. 95-219, § 1, 12-5-95; Ord. No. 96-127, § 4, 9-4-96; Ord. No. 98-173, § 1, 12-1-98; Ord. No. 99-122, § 1, 9-21-99; Ord. No. 00-101, § 1, 7-25-00; Ord. No. 01-02, § 5, 1-23-01; Ord. No. 01-16, § 1, 1-23-01; Ord. No. 04-163, § 1, 9-9-04; Ord. No. 08-11, § 2, 1-22-08; Ord. No. 09-47, § 1, 6-2-09; Ord. No. 11-32, § 2, 5-17-11; Ord. No. 12-108, § 1, 12-4-12; Ord. No. 12-111, § 1, 12-18-12; Ord. No. 14-58, § 1, 7-1-14; Ord. No. 17-7, § 1, 1-24-17; Ord. No. 19-50, § 3, 6-4-19; Ord. No. 19-51, § 2, 6-4-19; Ord. No. 20-110, §§ 2, 12, 10-6-20; Ord. No. 24-14, § 2, 2-6-24)

Within five (5) days after receipt from the sponsoring agency or the Florida Department of Health and Rehabilitative Services (HRS), the Director shall notify in writing the County Commissioner in whose district a group home has been received that such home is licensed by HRS.

(Ord. No. 96-60, § 1, 5-7-96)

Editor's note— Ord. No. 96-60, adopted May 7, 1996, amended the Chapter 33 of the Code by the addition of provisions which have been designated at the discretion of the editor as § 33-13.1.

No person shall distribute box lunches in the unincorporated areas of the County until such person has obtained all required permits from the County and the State of Florida.

The distribution of box lunches shall be subject to the following restrictions:

(1)

A box lunch operation shall only be permitted to stop temporarily on private property and only when actively serving customers. Once all transactions are complete, the box lunch operation must vacate the premises. No selling to be conducted on, or from, the public right-of-way and such sales to be made only from private property on which is located the use whose employees desire the service, and then only with the consent of the owner of such private property. (In the event active construction prevents access to private property, a temporary stop may be made on right-of-way.)

(2)

The uses to be served to be confined to industrial and manufacturing plants, including commercial uses such as garages and the like, and such uses also to include the servicing of building projects under active construction.

(3)

Owners of the box lunch business to be responsible for the action of their drivers and salesmen, and that such drivers and salesmen to do everything possible to prevent and eliminate the scattering of food, cups, napkins, etc., at their stops.

(4)

That such business shall have a properly authorized and licensed place of business.

(5)

That if any time following the issuance of such permit it shall appear to the Director that the holder of same has willfully violated the above restrictions, such permit shall be canceled with approval of the County Commission.

(Ord. No. 57-19, § 38, 10-22-57; Ord. No. 13-42, § 2, 5-7-13)

(A)

Notwithstanding any provisions of this chapter to the contrary, mobile banking operations, mobile sales operations, and mobile food service operations (collectively, mobile operations, and all as defined in Section 33-1) are permissible on private property subject to the following conditions:

(1)

Mobile operations are permissible only in the following zoning districts:

(a)

BU, IU, urban center, urban area, and GU (where trended for industrial or business use);

(b)

residential zoning districts on properties having a current certificate of use as a museum, hospital, school, or religious facility, provided such use does not operate more frequently than once per week and no longer than three consecutive days; or

(c)

In the AU District as provided in Section 33-279.

(2)

Mobile operations may only be conducted from 7:00 a.m. to 10:00 p.m. on weekdays and from 7:00 a.m. to 11:00 p.m. on weekends.

(3)

Mobile operations shall not be located in any driveway aisles, no parking zones, landscaped area, loading areas, or parking lanes, nor may mobile operations impede the on-site circulation of motor vehicles.

(4)

Mobile operations shall not be located in required parking spaces unless the number of spaces exceeds the minimum amount required for other uses on the property. The utilization of an off-street parking space for the operation of a mobile operation must not cause the site to become deficient in required off-street parking.

(5)

Mobile operations shall not be located on the public right-of-way.

(6)

Mobile operations are permissible on vacant, unimproved property only when approved as a special event pursuant to the standards for Mobile Food Service Operations Special Event set forth in Section 33-13.

(7)

Mobile operations shall be located a minimum of 20 feet from the property line of an existing residential use, except that mobile operations may be located at a minimum of 10 feet from the property line if the residential use is separated by a six foot high masonry wall.

(8)

The total space dedicated to the mobile operation and vending area shall not exceed an area of 600 square feet.

(9)

Alcoholic beverage sales and use of sound amplification devices are prohibited.

(10)

Electric service connection to an on-site approved outlet is permitted provided that no wiring or cables are run beyond the vending area or pose any danger to the patrons. For purposes of this requirement, the vending area includes the space taken up by: a portable stand, vehicle, or trailer; signs; equipment; products; and any tents, tarpaulins, canopies, or awnings.

(11)

A Certificate of Use (CU) must be obtained by the property owner to permit mobile operations on the site, except as provided in Section 33-279. A site plan or survey shall be submitted indicating the following:

(a)

Location of the individual mobile operations and associated vending area. Mobile operations shall be located so as to minimize the impacts on adjacent residential uses.

(b)

Location of improvements on the site.

(c)

Location of on-site parking areas.

(d)

Rights-of-way, internal circulation and ingress and egress.

(12)

Signage associated with the mobile operation shall be confined to the mobile operation and authorized vending area. Signage attached to the mobile unit shall be permitted. Detached signage shall be limited to one sign not exceeding nine (9) square feet.

(13)

The number of mobile operations permissible on a site at any one time shall be limited as follows:

(a)

One mobile operation may be permitted on each site which contains a minimum of 10,000 square feet of net lot area.

(b)

An additional mobile operation may be permitted for each additional 50,000 square feet of net lot area, up to a maximum of three mobile operations per site.

(c)

Mobile operations in excess of these thresholds may only be permitted as a special event pursuant to the standards for Mobile Food Service Operations Special Event set forth in Section 33-13.

(14)

Mobile food service operations must obtain all required licenses from the State of Florida prior to operating in Miami-Dade County.

(B)

If it is found that a mobile operation is operating in manner not consistent with the requirements of this code or, where applicable, the representations made in the application package provided to the Department, the Director shall have the authority to revoke the CU for the mobile operation immediately.

(C)

Except as otherwise provided in this Code, it is unlawful to conduct mobile operations in any outdoor location without first obtaining a CU in accordance with the provisions of this Section.

(D)

The operator of a mobile operation must be able to produce for inspection: a copy of a letter or other written communication from the property owner or representative that authorizes the mobile operation and, for mobile food service operators, a copy of the applicant's required State license for food service establishments.

(E)

Mobile operations located at County parks, sports stadiums or racetracks during events shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(Ord. No. 11-92, § 2, 11-15-11; Ord. No. 13-42, § 3, 5-7-13; Ord. No. 19-20, § 3, 3-5-19; Ord. No. 24-27, § 4, 3-19-24)

Editor's note— Ord. No. 19-20, § 3, adopted March 5, 2019, amended the title of § 33-14.1 to read as herein set out. The former § 33-14.1 title pertained to mobile sales and mobile food service operations.

(a)

No junkyard shall be permitted in a residential district. No junkyard shall be established or enlarged without a permit from the Department, and the permit shall not be issued unless the same has been approved by the appropriate zoning board, after public hearing.

(1)

Junkyards shall be surrounded by a solid wall eight (8) feet high, and this wall shall be of C.B.S. construction and painted and maintained in order to present a good appearance.

In lieu of a C.B.S. wall, an eight-foot-high cyclone-wire type fence with top rail may be substituted, such wire fence to be interwoven with wooden, metal or plastic strips to create a solid screening site barrier. If wire fencing is used, a two-foot concrete (on footing) or heavy sheet metal curb (imbedded at least two (2) feet in the ground) shall be placed immediately adjacent to and inside such fence to prevent runoff of oil, transmission fluid and other contaminants onto adjacent properties or into adjacent waterways that may result from junking operations.

Whether a C.B.S. or interwoven cyclone-wire fence is used, all gates shall be of the cyclone-wire type, interwoven with wooden, metal or plastic slats in order to screen the interior of the yard when the gates are closed.

(2)

In addition, whether a fence or wall encloses the junkyard, an appropriate hedge made up of native tree or plant species such as southern red cedar or other species approved by the Department shall be planted outside the walls or fences, such tree or plant species to be not less than four (4) feet in height at time of planting, five (5) feet on the center and two and one-half (2½) feet from the wall or hedge. In no event shall the junk or scrap be piled higher than the wall or fence unless the hedge around the entire site grows above the wall or fence and forms a solid screen; in that event the scrap or junk may be piled up to the height of the hedge.

(3)

All existing junk and scrap yards shall be made to comply to all of the foregoing requirements within a period of two (2) years from the effective date of the ordinance from which this section derives and if not so made to comply, they shall be removed and the use discontinued.

(b)

In residential zoning districts, a property owner or tenant on improved property having a principal building may repair or otherwise put into operative condition an automobile of his property, only if all of the following requirements are met:

(1)

The property owner or tenant owns the automobile being repaired;

(2)

The repair activity takes places only during daylight hours;

(3)

While under repair the automobile shall not be parked in front of the principal building on the property unless the side yard and/or the rear yard are not accessible; and

(4)

The work undertaken at the premises to repair or otherwise put the automobile into operative condition shall be limited to minor repairs only. The term "minor repair" includes any work which is completed within seventy-two (72) hours including, but not limited to, change of tires, replacement of batteries, change of oil, replacement of brakes and engine tune-up. Any other work, including work wherein the vehicle engine or transmission is removed or lifted from the vehicle for repair or replacement, or the vehicle is placed on blocks with the tires removed, is prohibited.

(Ord. No. 57-19, § 5(K), 10-22-57; Ord. No. 66-42, § 1, 9-20-66; Ord. No. 72-95, § 1, 12-19-72; Ord. No. 82-68, § 3, 7-20-82; Ord. No. 91-14, § 1, 2-5-91; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 03-160, § 2, 7-8-03)

Cross reference— Definition of junk, § 33-1(60); additional provisions requiring public hearing for establishment of junkyard, § 33-13(e).

Editor's note— Ord. No. 03-160, § 3, adopted July 8, 2003, repealed section 33-15.1 in its entirety. Former section 33-15.1 pertained to abandoned property and derived from Ord. No. 77-29, § 2, adopted May 3, 1977; Ord. No. 79-51, §§ 1, 2, adopted June 19, 1979; Ord. No. 94-207, § 2, adopted Nov. 1, 1994; Ord. No. 95-215, § 1, adopted Dec. 5, 1995.

(a)

Public hearing required for certain excavations; exception. No excavations below the level of any street, highway or right-of-way shall be made except upon approval after public hearing; provided, no public hearing is required for excavations for the following purposes:

(1)

The foundation of a building or any structure to be constructed immediately after such excavations. All excavations shall be refilled after construction of such foundation in a manner which will prevent accumulation of stagnant water or other hazard.

(2)

Swimming pools.

(3)

Water hazard in a bona fide golf course.

(4)

Canals which are part of Miami-Dade County or South Florida Water Management District canal system.

(5)

Reflecting ponds and water features with a maximum depth of six (6) feet of water so long as said amenities are completely lined with impervious material, a horizontal five-foot safety shelf is provided around the perimeter of the reflecting pond or water feature at an elevation where not more than eighteen (18) inches of water is provided on the shelf area and so long as backsloping or a perimeter berm is provided to prevent overland storm water runoff from entering the water body.

(6)

Lake excavations west of the salt barrier line shall also be allowed without a public hearing in all districts within the developable boundaries of the adopted metropolitan development pattern map of the Comprehensive Development Master Plan as may be amended from time to time. Public hearings will be required in all areas east of the salt barrier line. Applicants may choose to go to public hearing for lake excavation approval even if same is not required; provided, however, that if an unusual use is requested, applicants shall proceed in accordance with Section 33-13. In order to receive a waiver from the public hearing requirement, applicants must submit complete excavation plans to the Department. The Department shall review lake excavation plans for compliance with the requirements noted below. All plans shall be reviewed and approved or denied by the Department within fifteen (15) days from the date of submission. Applicants shall have the right to extend the fifteen-day period upon timely request made in writing to the Department. Staff shall have the right to extend the fifteen-day period by written notice to the applicant that additional information is needed to process the plan. Denials shall be in writing and shall specifically set forth the grounds for denial. If the plan is disapproved by the Department on the grounds of requirement (6)b, (6)j, (6)l, or (6)r below, the applicant may appeal to the Community Zoning Appeals Board in accordance with procedure established for appeals of administrative decision in Section 33-311(c). Disapprovals on all other grounds listed below may be appealed to the Community Zoning Appeals Board as unusual use requests in accordance with procedure established in Section 33-13.

In order to waive the public hearing requirement for a lake excavation, the excavation must be designed and excavated in accordance with the following conditions and requirements:

a.

Final plans shall be substantially in compliance with those submitted and approved for the administrative site plan review for the proposed lake excavation. The grading, leveling, sloping of the banks and perimeter restoration shall be on a progressive basis as the project develops and the excavation progresses. In accordance with this requirement, the applicant will submit final as-built surveys prepared and sealed by a Florida-licensed surveyor and/or professional engineer upon completion of the excavation, or upon request of either the Director or the Director of Environmental Resources Management when it appears that the excavation is proceeding contrary to approved plans. The property shall be staked and posted to meet with the approval of the Director and the Director of Environmental Resources Management; said stakes shall be maintained in proper position so that the limits of excavation, slopes and grade levels may be easily determined and posts shall warn the public concerning possible hazards. Upon completion of the project, the property shall be restored and left in an acceptable condition meeting the approval of the Director of Environmental Resources Management and the Director.

b.

If in the opinion of the Director the excavation is hazardous to the surrounding area, the hazardous area will be fenced in, or otherwise protected, by the applicant as directed by the Director.

c.

During the entire operation explosives shall not be used.

d.

The applicant shall be permitted to operate between the hours of 7:00 a.m. and 5:00 p.m. on weekdays; Saturday and Sunday operation and/or other hours of operation than 7:00 a.m. to 5:00 p.m., may be permitted by the Director only if the same does not become objectionable, in his opinion, to the surrounding area.

e.

The time for the completion of the project including excavation, grading, etc., shall be determined by the Director and the work shall be carried on continuously and expeditiously so that the excavation will be completed within the allocated time.

f.

If the operation is discontinued, abandoned, falls behind schedule, or time expires, the existing excavation shall immediately be sloped to conform to the approved slope.

g.

In order to insure compliance with all terms and conditions imposed, a cash or surety bond or substantially equivalent instrument meeting with the approval of the Director shall be posted with the Department, payable to Miami-Dade County, in an amount as may be determined and established by the Director. Said instrument shall be in such form that the same may be recorded in the public records of Miami-Dade County and said instrument shall be executed by the property owner and any and all parties who may have an interest in the land, such as mortgagees, etc. The bond amount will be based on the volume of cut required to create the approved slope configuration.

h.

The title of the property in question shall not be transferred without the approval of the Director unless the excavation of the subject property has been completed and/or unless the bond has been released.

i.

The excavation use permit shall be renewable annually by the Department. Permits will be canceled only when the work is found to be in violation of any of the conditions or requirements of this section and/or when it is detrimental and/or incompatible with the surrounding neighborhood.

j.

Prior to administrative site plan review, a report on soil borings taken on-site shall be submitted for review to the Department of Environmental Resources Management to determine if excavation to the requested depth may result in the displacement of layers of soft material (e.g., sand) and cause sinking of nearby properties. In addition, if hard rock is not encountered during excavation, the Department of Environmental Resources Management may require the vertical cut to be modified in such a manner that a stable side slope will be sustained.

k.

The depth of the lake excavation shall not be less than ten (10) feet below mean low water elevation (W.C.2.4). The maximum depth of the excavation shall be limited to that depth computed to contain water of two hundred fifty (250) ppm chlorides as projected to the year 2000. Penetration of the aquiclude, as determined by the Director of the Department of Environmental Resources Management, is prohibited.

l.

An earth berm, or alternative structure as approved by the Director of the Department of Environmental Resources Management, shall be constructed around the perimeter of all lakes to prevent overland storm water runoff from entering the lake. The berm shall be constructed adjacent to the lake top of slope on the landward side. Said berm shall extend one (1) foot above the D.C.F.C. elevation. The landward slope of the berm shall have a gradient not steeper than one (1) foot vertical to four (4) feet horizontal. The lakeward slope shall not be steeper than the required lake slope. Berming and backsloping treatments shall be constructed in a manner acceptable to the Director of the Department of Environmental Resources Management.

m.

The maximum permissible slope shall be in one (1) of the following manners:

1.

Lakes adjacent to arterial roadways (slope option available in every case): Beginning at top of slope (D.C.F.C. elevation), a slope dropping one (1) foot vertical to seven (7) feet horizontal extending lakeward to a point where five (5) feet of water depth is provided below the mean low water elevation (W.C.2.4.); thence begin deep cut with a slope as material permits (Note: A twenty-foot minimum offset, measured from lake top of slope to the zoned right-of-way per Section 33-133, shall be provided when the lake is adjacent to an arterial roadway. The offset and berm (see Section 33-16(a)(6)(l)) may be deleted where curb and gutter roadway is provided. Where the water area lies outside of a horizontal roadway curve, the necessary shoulder safety requirements shall be provided in accordance with the requirements of the public works manual). Drainage structures, other than approved outfall pipes, are not permitted within the lake slope area.

2.

Lake(s) adjacent to roadways other than arterial roadways:

(a)

Option 1., above, or

(b)

Beginning at top of slope (D.C.F.C. elevation), a slope dropping one (1) foot vertical to four (4) feet horizontal shall be provided extending lakeward to a point where three (3) feet of water depth is provided below the mean low water elevation (W.C.2.4.), followed by an eight-foot horizontal shelf; thence begin a deep cut with a slope as material permits. (Note: Berm (see Section 33-16(a)(6)(l)) may be deleted where a curb and gutter roadway is provided. Where the water area lies outside of a horizontal roadway curve, the necessary shoulder safety requirements shall be provided in accordance with the requirements of the public works manual).

3.

Lake(s) with common or public access to the lake shore and not adjacent to roadways:

(a)

Options 1., and 2., above, or

(b)

Beginning at top of slope (D.C.F.C. elevation), a slope dropping one (1) foot vertical to three (3) feet horizontal with slope protection as required by the Director of the Department of Environmental Resources Management shall be provided extending lakeward to a point where three (3) feet of water depth is provided below the mean low water elevation (W.C.2.4.) followed by a five-foot horizontal shelf; thence, begin a deep cut with a slope as material permits.

4.

Lake(s) without common or public access to the lake shore and not adjacent to roadways:

(a)

Options 1, 2, and 3, above, or

(b)

Beginning at top of slope (D.C.F.C. elevation), a slope dropping one (1) foot vertical to one (1) foot horizontal with slope protection as required by the Director of the Department of Environmental Resources Management shall be provided extending lakeward to a point where three (3) feet of water depth is provided below the mean low water elevation (W.C.2.4.) followed by a five-foot horizontal shelf; thence, begin a deep cut with a slope as material permits.

n.

No positive drainage of storm water from roads or any other source will be allowed to enter the excavation except as the result of issuance of a class II permit by the Department of Environmental Resources Management. Retention of pollutants is one (1) criterion for issuance of a class II permit.

o.

There shall be no direct connection between a lake excavation and a drainage canal. A system to permit overflows from lakes to canals for flood control purposes is allowable.

p.

No portion of the proposed lake excavation area shall fall within the thirty-day cone of influence of any public water supply wellfield as defined in Section 24-12.1. Between the thirty- and two-hundred-ten-day cones of influence of any public water supply wellfield, lake excavations will be permitted to a maximum water depth of forty (40) feet below mean low water elevation (W.C.2.4.).

q.

That the dedication of rights-of-way shall be made in accordance with Section 33-133 of the Code of Miami-Dade County unless the Director of Public Works deems such are not necessary or requires a lesser amount. Improvements shall be made to such rights-of-way in order to comply with and in accordance with the requirements of the manual of public works construction, as may be deemed lacking, desirable and necessary by the Public Works Director.

A public hearing shall not be waived for any excavation requiring a class I or class IV standard form permit pursuant to Section 24-58.1(1)(a), (c) and (d) and for short form class I or class IV permits for which a public hearing has been requested pursuant to Section 24-58.2(I)(B).

r.

In all zoning districts that have open space requirements, development plans submitted for review and approval which contain a lake(s) shall have at least thirty (30) percent of the dry land open space requirements satisfied on land immediately adjacent to the lake(s) perimeter. In districts with no open space requirements, roads, parks or other open areas servicing the development shall be placed adjacent to the lake(s) in a manner that provides aesthetic benefits to the development.

(b)

Definitions. For the purposes of this section, D.C.F.C. shall be defined as Miami-Dade County flood control elevation. W.C.2.4 shall be defined as "water control" page 2.4 in the public works manual of Miami-Dade County, which includes a detailed drawing of the mean low water elevation points throughout Miami-Dade County.

(c)

Notwithstanding any other provision of this section to the contrary, where an excavation is made outside of the Urban Development Boundary in a zoning district authorizing residential uses, the use of fill or aggregate material shall comply with Section 33-13(e)(vi).

(Ord. No. 57-19, § 5(L), 10-22-57; Ord. No. 62-22, § 1, 5-15-62; Ord. No. 66-43, § 1, 9-20-66; Ord. No. 83-4, §§ 1, 2, 2-1-83; Ord. No. 83-70, § 15, 9-6-83; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, § 5, 9-4-96; Ord. No. 97-27, § 1, 4-8-97; Ord. No. 17-7, § 2, 1-24-17)

Cross reference— Safety procedures for excavations, § 21-44; additional provisions requiring public hearing for establishment of rock quarries, § 33-13(e).

(I)

Excavation Fill Plan Approval Required. It shall be unlawful for any person to place fill into a lawfully existing lake excavation or rock pit without the prior written approval of the Director of an Excavation Fill Plan and a valid Excavation Fill Permit issued in accordance with the requirements set forth herein, except as such fill project may be approved at public hearing pursuant to Section 33-311 of this Code. Such written approval shall expire within (i) eighteen (18) months from the date of the Director's administrative approval unless commencement of the fill project has occurred or (ii) upon abandonment of the fill project as defined in this Section.

Notwithstanding the provisions of Section 33-13(e) of this Code pertaining to the filling of a lake excavation or rock pit, the Director shall consider and approve an application for a plan for the filling of a lawful existing lake excavation or rock pit ("excavation fill plan") when it is demonstrated that the application satisfies the requirements provided herein and does not contravene the standards or criteria set forth in Chapter 24 of this Code. It is provided, however, that nothing contained in this section shall preclude an applicant from applying for public hearing approval to fill an excavation or rock pit pursuant to Section 33-311 of this Code. In approving an application under this section in whole or in part, the Director shall impose such conditions as necessary and appropriate to minimize the risk to public safety, health and welfare.

A.

For purposes of this section the following terms shall apply:

(1)

"fill project" shall include all aspects of the filling of a lake excavation or rock pit and all ancillary activity related to the filling, including, but not limited to, the transportation of fill to the excavation, the unloading, testing, sorting and removal from the excavation and application site of any fill material transported to the excavation that is not considered clean fill, the placement of the remaining clean fill into the excavation, and any required lake sloping;

(2)

"phased fill project" shall be defined as a fill project conducted in separate phases as approved by the Director, where the combined filling of all phases consists of no more than forty (40) gross acres of the area of the lake excavation or rock pit, measured waterward of the top of slope;

(3)

"commencement of the fill project" shall mean the date of original Certificate of Use issuance;

(4)

"abandonment of the fill project" shall mean a six-month suspension of filling activity as defined by the above term "fill project".

B.

Excavation Fill Plan Application Requirements and Standards.

(1)

The application shall be for a fill project including a total of no more than forty (40) gross acres of the area of a lawful existing lake excavation or rock pit, measured waterward from the top of slope. No application shall be considered pursuant to this section for a fill project where the total acreage approved by the Director for a single lake excavation or rock pit would exceed forty (40) gross acres, whether approved in a single application or through multiple separate applications.

(2)

The application shall seek approval of a fill project that will require no more than three (3) years to complete.

(3)

The application shall not request approval to fill an excavation or rock pit regulated by a declaration of restrictive covenants that by its terms can be modified or eliminated only at public hearing.

(4)

No portion of the lake excavation or rock pit proposed to be filled shall be on a parcel of land located (a) east of the salt barrier line pursuant to Section 7-1(b) of this Code, (b) outside the Urban Development Boundary of the adopted Miami-Dade Comprehensive Development Master Plan (CDMP) Land Use Plan Map as may be amended from time to time, (c) within a designated coastal wetland or jurisdictional freshwater wetland as defined in Chapter 24 of this Code, or d) within a wellfield protection area established pursuant to Chapter 24 of the Code.

(5)

The fill project shall be located entirely on a parcel of land (a) within an IU (Industrial) zoning district, or (b) within a GU (Interim) zoning district and designated industrial and office on the CDMP Land Use Plan Map.

(6)

No portion of the requested fill project shall be located within a ½ mile radius of (a) the nearest property line of any parcel of land with a lawfully existing dwelling unit, except watchman's quarters, or (b) any RU, EU or AU zoned property or property designated for Residential Communities in the CDMP and on the CDMP Land Use Plan Map. Such distance shall be measured from the closest point of the proposed filling activity to the nearest RU, EU or AU district boundary line and to the nearest property line of any parcel of land with a lawfully existing non-conforming dwelling unit in any other zoning district. For purposes of establishing such distances, the applicant for such filling approval shall furnish a certified survey from a registered surveyor, which shall indicate such ½-mile distance. Notwithstanding the provisions of this paragraph, a fill project proposed for less than six (6) months and no more than five (5) gross acres waterward of the top of slope shall not be subject to such distance requirements.

(7)

The application shall provide that any remaining slopes not requested to be modified shall be in accordance with previously approved excavation plans or in accordance with the sloping requirements pursuant to Section 33-16(a)(6)(m) of this Code.

(8)

The fill project shall be so designed and operated so as not to create noise, vibration, dust and traffic impacts beyond that which might be otherwise expected of an allowable industrial use in an IU zoning district.

(9)

The application shall contain an off-site traffic route plan. The off-site truck route immediately abutting the fill project shall only utilize section line roads or major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access expressways, providing such roadways do not abut residentially zoned or CDMP Land Use Plan Map designated park or residential areas.

(10)

The fill project shall not contravene an express prohibition contained in a prior zoning resolution.

(11)

The fill project is so designed as not to create a material risk of groundwater contamination or other adverse environmental impact, nuisance, water pollution, or ground pollution as defined in Chapter 24 of the Code.

(12)

If a lake excavation or rock pit is proposed to be filled in phases, a phase plan shall be submitted with the initial excavation fill plan and permit application. The plan and supporting documents shall delineate the area to be filled in each phase and the time frame projected to close out each phase of the fill project.

(13)

No application shall seek to fill and no administrative approval shall be granted to fill a lake excavation or rock pit utilized as part of a stormwater management plan established by a zoning resolution, plat or restrictive covenant.

(II)

Excavation Fill Permit Approval and Bond Requirements.

A.

Permit Requirements. After approval of an excavation fill plan for a lake excavation or rock pit, the Director shall consider and approve an application for a permit and shall issue a permit to fill such lake excavation or rock pit, where it is demonstrated that the following requirements have been met. In approving an application under this subsection in whole or in part, the Director shall impose such conditions as necessary and appropriate to minimize the risk to public safety, health and welfare, including, but not limited to, requirements for posting and fencing of the property.

(1)

The plans submitted with the permit application shall be substantially in compliance with the approved excavation fill plan. The permit application plans shall include a copy of the approved excavation fill plan and at least three (3) sets of the proposed fill project permit plans, sealed by a Florida-licensed surveyor and/or professional engineer.

(2)

The applicant shall record a notice of authorization on a form prescribed by the Director of the excavation fill plan approved by the Director and the Director of the Department of Environmental Resources Management (DERM Director) for the fill project in the public records of Miami-Dade County prior to the issuance of a Certificate of Use (CU) authorizing commencement of the fill project.

(3)

The applicant shall submit a detailed written disclosure of the fill project specifying the equipment and methods to be utilized during the fill project, including every aspect of the trucking, dumping, sorting and filling process.

(4)

The applicant shall obtain a fill project CU permit, and shall promptly renew the same semi-annually with the Department, upon compliance with all terms and conditions, the same subject to cancellation upon violation of any of the conditions. Failure to commence the fill project within six months of the date of the original CU issuance shall result in an abandonment of the fill project.

(5)

Prior to each CU renewal, the applicant shall submit a status report indicating the percentage of fill project completion and the estimated time of the fill project's final completion.

(6)

If an excavation will be filled in phases, a phase plan shall be submitted with the initial excavation fill plan and permit plan application. The plan and supporting documents shall delineate the area to be filled in each phase and the time frame projected to close out each phase of the fill project.

(B)

Bond Requirements. In addition to any bond required by DERM, the property owner and any and all parties who may have a legal beneficial or equitable interest in the land shall execute a bond agreement with the Department of Planning and Zoning prior to issuance of a CU for a fill project. Such bond agreement shall stipulate that in order to insure compliance with all terms and conditions associated with the fill project permit approval, a cash or surety bond or substantially equivalent instrument meeting with the approval of the Director shall be posted by the applicant with the Department, payable to Miami-Dade County, in an amount as may be determined and established by the Director and the DERM Director. Said instrument shall be in such form that the same may be recorded in the public records of Miami-Dade County. The bond amount will be based on the volume of cut required to conform any remaining excavation to the approved slope configuration, as well as a minimum flat rate bond amount of $50,000 to remove any unauthorized fill material. The bond agreement terms and conditions shall include, but shall not be limited to, the following:

(1)

that no portion of the property subject to the approved excavation fill plan and permit shall be transferred without the approval of the Director, unless the filling of the subject excavation has been completed in accordance with the excavation fill plan and permit for the fill project and unless the bond has been released;

(2)

that only such clean fill material as allowed by Chapter 24 of this Code and approved in writing by the Department of Environmental Resources Management, as set forth herein, shall be used in the fill project;

(3)

that no fill material or unacceptable fill to be removed shall be permitted to be stored on property abutting the fill project site or within the adjacent rights-of-way at any time during the fill project;

(4)

that any unacceptable fill material shall be stored in containers; shall not be permitted to remain on the project site for more than thirty (30) days; and shall not exceed a volume of forty (40) cubic yards

(5)

that neither the clean fill material piles, nor the unacceptable fill material piles, nor the piles awaiting sorting shall be permitted to exceed a height of 10 feet above the applicable flood elevations for the property.

(6)

that the applicant shall be permitted to operate no longer than between the hours of 8:00 a.m. and 5:00 p.m. on weekdays;

(7)

that the deadline date for the completion of the fill project, including final closure and completion of all tasks set forth in the approved plans and permit shall be determined by the Director and established in the permit. All authorized work shall be carried on continuously and expeditiously so that the filling will be completed within the allocated time, but in no event for any more than three (3) years from issuance of the CU permit;

(8)

that if the fill project is discontinued, abandoned, falls behind schedule or time expires under the permit, the remaining excavation shall immediately be sloped to conform with the previously approved excavation plans and all equipment and concomitant uses shall be removed from the premises, unless an application to extend the time is filed with the Department prior to expiration of the approval and provided that good cause is demonstrated as to the delay in completing the filling of the excavation. In no event shall such extension allow the fill project to continue beyond three (3) years after issuance of permit;

(9)

that the grading, leveling, sloping of the banks and perimeter restoration shall be on a progressive basis during the fill project. In accordance with this requirement, the applicant shall submit "as-built" surveys prepared and sealed by a Florida-licensed surveyor and/or professional engineer annually and at final completion of the fill operation or upon request of either the Director or the DERM Director when it is determined by the Director or the DERM Director that the filling is proceeding contrary to approved plans or in violation of the conditions of the approved excavation fill plan or the permit plan;

(10)

that the property shall be suitably posted to meet with the approval of the Director and the DERM Director; said postings shall denote the fill project and shall warn the public concerning the possible hazards prior to commencement and for the duration of the fill project;

(11)

that the applicant shall obtain all permits required by this Code and comply with all permit requirements and all applicable conditions of the Department of Environmental Resources Management as well as the Public Works Department for the duration of the fill project;

(12)

that upon completion of the fill project, the property shall be restored and left in an acceptable condition meeting the approval of the Director and the DERM Director;

(13)

that the final slope(s) of the remaining excavation shall be in accord with the previously approved excavation plan or in accord with the slope requirements of Section 33-16(a)(6)(m) of this Code, unless otherwise approved by the Director in accordance with a contiguous excavation fill plan application for an allowable phased fill project;

(14)

that the final depth of any remaining excavation shall be in accord with Section 33-16(a)(6)(k) or in accord with previously approved plans for the excavation;

(15)

that the fill project shall meet all stormwater management requirements of the Code of Miami-Dade County and the filled excavation or portion of excavation filled shall not exceed the applicable flood elevations for the property;

(16)

that upon completion of a partial fill project, the site shall contain an earth berm or alternative structure in accord with the requirements of Section 33-16(a)(6)(1) or in accord with the previously approved plans if said plans had contained such a feature;

(17)

that to the extent possible, the property shall be staked and said stakes shall be maintained in proper position so that the limits of the filling, slopes and grade levels may be easily determined.

(Ord. No. 03-114, § 1, 5-6-03)

Cross reference— Removal of abandoned vehicles and equipment by aviation department, § 25-8.6.

State Law reference— Lost or abandoned property, F.S. Ch. 705.

(a)

This section shall govern the placement of accessory improvements and landscaping which are hereby deemed not to modify the established slope of privately owned artificial lakes. This section shall not apply to the placement of accessory improvements landward of the top of the slope of such artificial lakes, which structures are permitted as accessory uses under other Sections of this Code.

(b)

For purposes of this section, "privately owned artificial lake" shall mean only a privately owned artificial lake not connected to any jurisdictional wetlands or to any other surface water body.

(c)

For purposes of this section, "water's edge" shall be defined as the average low ground water elevation.

(d)

The placement of the following accessory improvements and landscaping shall be permitted waterward of the top of slope, as measured pursuant to the County Flood Criteria Map as defined in Chapter 11C, on a residential lot, parcel or tract, subject to the following conditions:

(1)

Docks shall either be floated or be placed on pilings at right angles to the shoreline, except as otherwise provided herein.

(2)

All docks on a single lot, parcel or tract collectively shall not exceed 30 percent of the subject lot's width as measured at the top of the slope; provided, however, a dock that is placed parallel to the lot and that does not extend more than six feet beyond the water's edge may be built to the side setback lines.

(3)

No dock shall project further into the artificial lake more than one-half the length of the lot's shoreline frontage as measured at the water's edge, or 20 percent of the lake width at its widest point, whichever is smaller. In no event shall a dock exceed 50 feet in length. For purposes of this section, the length shall be the perpendicular dimension measured from the water's edge to the farthest point of the dock extending into the lake.

(4)

In no event shall a dock be placed closer than 100 feet to the opposite shore's top of slope.

(5)

A dock or a deck not exceeding 18 inches above minimum finished grade elevation may be placed with a zero foot side setback. A dock or a deck exceeding 18 inches above minimum finished grade elevation shall conform to accessory building side setback requirements.

(6)

Only one (1) dock shall be permitted for each principal building on the subject lot, parcel or tract.

(7)

Rocks and landscaping waterward of the top of slope but landward of the water's edge are allowed.

(8)

Rip-rap and interlocking block waterward of the top of slope and extending to a point one (1) foot below the water's edge are allowed.

(9)

Open sided structures shall be permitted waterward of the top of slope but landward of the water's edge, subject to compliance with accessory building setback and lot coverage requirements of the zoning district in which the structure is located; provided, however, the rear setback requirement shall be zero (0) feet. In no event shall an open sided structure that is placed waterward of the top of slope exceed fifteen (15) feet in height nor shall it exceed two hundred twenty-five (225) square feet in area. Only one (1) such open sided structure shall be permitted for each principal building on the subject lot, parcel or tract. Open sided structures other than railings on docks and decks shall not be permitted, unless approved as a nonuse variance at a public hearing.

(10)

Steps and decks on pilings or on similar spatially separated upright supports shall be permitted waterward of the top of slope and landward of the water's edge.

(11)

Boat ramps shall be permitted providing no filling of the slope area occurs.

(12)

Filling waterward of the top of slope shall be prohibited.

Structures other than those listed above are prohibited from placement within the area waterward of the top of slope.

(Ord. No. 96-93, § 1, 6-18-96; Ord. No. 22-141, § 6, 10-18-22)

The foregoing recitations are adopted and incorporated herein by reference.

Notwithstanding any other provision of this chapter to the contrary, any accessory structure or landscaping in those subdivisions located in Section 10, Township 52 South, Range 40 East shall be deemed to be in compliance with this chapter, provided that the accessory structure or landscaping meets all of the following requirements:

(a)

The accessory structure or landscaping is accessory to a lawful single-family residential use that abuts a privately owned artificial lake that is connected to another surface water body; and

(b)

The accessory structure or landscaping is located in part or in whole waterward of the top of slope; and

(c)

The accessory structure or landscaping was complete prior to the effective date of this section; and

(d)

A building permit for the accessory structure has been applied for on or before April 20, 2000, and once issued shall not be renewed more than twice.

(Ord. No. 98-45, § 1, 4-21-98)

All building or other structures or any part thereof, intended for public assemblage, wherein provisions are made for fifty (50) or more persons to assemble in one (1) room or such structure as an auditorium, church, club, hospital, sanitarium, school, theater, night club, amusement park structure and similar structures, excluding hotels, motels and apartments shall be located or placed only in business or industrial districts, as herein provided, and shall comply with the following:

(1)

No building for public assemblage shall be located closer than twenty-five (25) feet to any property line which abuts on a public highway or alley, or closer than fifty (50) feet of any property line abutting a lot under different ownership than that on which the structure is to be placed, or closer than seventy-five (75) feet to an existing residential building.

(2)

A separate lot used to provide setback requirements shall not be occupied by another building, if it would reduce the clear space required.

(3)

In EU-1 and EU-2 Districts, where the setback from the front building line is greater than the minimum specified by this section, buildings for public assemblage shall set back at least the minimum distance required, namely, fifty (50) feet from the front property line.

(4)

No building for public assemblage in EU-M, EU-1 and EU-2 Districts shall be closer than seventy-five (75) feet to any property line abutting a lot under ownership other than that on which the structure is to be placed.

(5)

Reserved.

(6)

Reserved.

(7)

Ample parking facilities for buildings for public assemblage shall be provided off the highway right-of-way. Parking facilities for a church, school, or other buildings used for noncommercial purposes in a residential district may be permitted in the same district with said church, school or other buildings used for noncommercial purposes, provided no parking lot or special parking area is closer than twenty-five (25) feet to any property under different ownership which is zoned RU or EU unless the parking area is separated from such lot by a wall or hedge approved by the Director.

(8)

Philanthropic and eleemosynary institutions shall be classed as buildings for public assemblage, but if any building or its use is operated for profit, it shall be permitted only in districts where such business or industry is permitted.

(Ord. No. 57-19, § 5(M)(1), 10-22-57; Ord. No. 02-255, § 1, 12-3-02)

Cross reference— Wilful or malicious bombing or threats of bombings of public buildings, § 21-1 et seq.

(a)

Buildings used for public assemblage as defined in Section 33-17, where located in RU-5A, BU or IU Districts may be permitted with the same yard requirements and setbacks as required of the office, business or industrial buildings legally allowed in these districts.

(b)

With the exception of religious facilities no building for public assemblage shall be permitted in IU-2 and IU-3 Districts unless directly connected with legally established industrial use.

(c)

Churches in RU-1, RU-2, EU-M, EU-1, EU-1C, EU-2, AU and GU Districts will be permitted only upon approval after public hearing; schools in GU, EU-2, EU-1C, EU-1, EU-S, EU-M, RU-1, RU-2, RU-1(M)(a), RU-1(M)(b), RU-TH, RU-5, RU-5A, PAD, IU-2, IU-3 and IU-C will be permitted only upon approval after public hearing, and shall be subject to compliance with the requirements of sections 33-151.11 through 33-151.22 of this Code.

(d)

Duly constituted "missions" are permitted under the same conditions and in the same zoning districts that churches are permitted. For the purposes of this section, a "mission" shall mean any body, association, or organization for doing religious and charitable work, devoted entirely to the moral, religious and social improvement of those in need of such missionary work and assistance, which does not constitute a church but is sponsored by a duly constituted church.

(Ord. No. 57-19, § 5(M)(2), 10-22-57; Ord. No. 59-18, § 1, 6-23-59; Ord. No. 61-33, § 1, 7-19-61; Ord. No. 77-60, § 1, 9-6-77; Ord. No. 95-123, § 1, 7-11-95; Ord. No. 02-46, § 2, 4-9-02; Ord. No. 02-103, § 1, 6-18-02; Ord. No. 02-255, § 1, 12-3-02; Ord. No. 04-118, § 3, 6-8-04; Ord. No. 07-178, § 1, 12-4-07)

(a)

Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district unless it is enclosed within a building, or except as provided in this section. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items.

(b)

Exceptions. The following shall be exempted from the provision of subsection (a) above:

(1)

Nonmotorized vehicles which comply with the following criteria:

(i)

The nonmotorized vehicles must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(ii)

Personnel directly employed by or volunteers for the not-for-profit organization must be present at the non-motorized vehicles at least five days a week (except holidays) to accept donations;

(iii)

The monetary proceeds resulting from the sale of donations collected at a nonmotorized vehicle must be used in accordance with the organization's charitable purpose pursuant to Section 33-19(a)(i) to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, man-made or economic disasters;

(iv)

The operation of the nonmotorized vehicles, the collection and distribution of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organization; and

(v)

The nonmotorized vehicles shall be located on sites in accordance with the requirements of Section 33-238(5); provided further that said nonmotorized vehicles shall operate in a safe manner, be neat in appearance, well maintained, free of graffiti, fully painted and shall be buffered from adjacent properties by on-site landscaping, walls or similar screening; and

(vi)

For each nonmotorized vehicle said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

Nonmotorized vehicles which comply with the foregoing criteria are not required to be shown on-site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review.

(2)

Permanently placed donation collection bins which comply with the following criteria:

(i)

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service.

(ii)

The monetary proceeds resulting from the donations collected at said donation collection bins must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, man-made or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster;

(iii)

The donation collection bins shall be permanently affixed to the property and shall have been approved by the Building Official as meeting the requirements for wind resistance established by the Florida Building Code;

(iv)

The donation collection bins shall be buffered from view from any location off of the property of said charity and shall not be closer than 75 feet from any property line. Each donation collection bin shall require a permit from the Department prior to placement on the property. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 7 feet. Donation collection bins must be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Said bins shall not be required to comply with the windborne debris impact standards of the Florida Building Code. Electrical connections to the bins shall be prohibited; and

(v)

For each donation collection bin said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of an annually renewable certificate of use and occupancy. Said declaration of use shall specify compliance with the foregoing conditions.

(3)

Temporarily placed donation collection bins, which comply with the following criteria:

(i)

The donation collection bins are contained wholly upon improved property owned and operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(ii)

No more than one such donation collection bin may be located on such site of one acre or less; for properties over one acre, no more than one bin per acre up to a maximum of 5 bins per site;

(iii)

Such donation collection bin must have wheels affixed to the bottom of the bin or be readily transportable;

(iv)

Such collection bin shall display prominently the name of and contact information for the not-for-profit organization responsible for the bin;

(v)

The monetary proceeds resulting from the donations collected at said donation collection bin must be used in accordance with the organization's charitable purpose to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, man-made, or economic disasters. The collection and distribution of donations and proceeds thereof must be conducted by the not-for-profit organization owning and operating the donation collection bins and not by a licensee, subcontractor, or agent of said not-for-profit organization; provided, however, that this subsection shall not prevent the not-for-profit organization from contracting with a licensed common carrier to transport donated goods to a disaster site for distribution of same to victims of the disaster;

(vi)

Each donation collection bin shall require a permit from the Department prior to placement on the property. Each bin shall be located no closer than 20 feet from any property line. No donation collection bin shall have a floor area in excess of 20 square feet and shall not exceed a height of 7 feet. Donation collection bins that comply with the criteria set forth in this subsection (3) are not required to be shown on site plans which are required by the Code to be submitted for approval at public hearing or by administrative site plan review. Electrical connections to the bins shall be prohibited;

(vii)

Such collection bin shall be maintained in a safe, clean, neat, and presentable manner, free of graffiti, and shall be in a usable condition at all times;

(viii)

No major repairs or overhaul work on such collection bin shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances);

(ix)

Such collection bin shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines;

(x)

When located outdoors, such collection bin shall be tied down to the land upon which it is located;

(xi)

Such collection bin shall be secured indoors for the duration of the following National Weather Service Advisories, Watches, and Warnings for Miami-Dade County: Wind Advisory; Severe Thunderstorm Watch; High Wind Watch; Tornado Watch; High Wind Warning; Severe Thunderstorm Warning; Tornado Warning; Tropical Storm Warning; Hurricane Watch; and Hurricane Warning; and

(xii)

For each such bin, said not-for-profit organization shall submit a declaration of use in a form meeting with the approval of the Director in connection with the issuance of the temporary permit. Said declaration of use shall specify compliance with the foregoing conditions. The temporary permit shall specify the duration of the use. Notwithstanding any ordinance, resolution, or administrative order to the contrary, no fee shall be charged for the issuance of a certificate of use for a temporarily placed collection donation bin.

(c)

Designation of enforcement officer. The Director shall designate an enforcement officer who shall be responsible for the removal of illegal donation collection boxes.

(d)

Notification. Whenever the enforcement officer ascertains that an illegal donation collection bin is present on any property within unincorporated Miami-Dade County, the officer shall cause a notice to be placed on such bin in substantially the following form:

NOTICE

This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within seventy-two (72) hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of Miami-Dade County.

Dated this: (setting forth the date, time of posting of the notice)

Signed: (setting forth name, with the address and telephone number of the enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(e)

Removal of donation collection bin. If at the end of seventy-two (72) hours after posting of such notice, the donation collection bin has not been removed from the property, the enforcement officer shall cause the bin to be removed.

(f)

Assistance of Miami-Dade Police Department. If the enforcement officer is unable to successfully remove a donation collection bin subject to seizure under this section, the enforcement officer or his designated representatives may secure the assistance of the Miami-Dade Police Department to effect the removal of said bin.

(g)

Obstructing an enforcement officer in the performance of duties. Whoever opposes, obstructs or resists the enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(h)

Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in subsection (d) above, it shall be destroyed by order of Miami-Dade County. The contents of the bin may be destroyed or donated to charity.

(i)

Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner.

(j)

Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the property on which the bin is maintained shall be responsible for compliance with this chapter.

(Ord. No. 94-117, § 1, 6-9-94; Ord. No. 95-197, § 1, 11-7-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 99-99, § 1, 9-9-99; Ord. No. 09-75, § 1, 9-1-09; Ord. No. 13-17, § 1, 2-5-13)

(a)

It shall be unlawful for any person to display any vehicle or boat for sale on a residential property without a certificate of use issued by the Department and shall be unlawful for an owner of a residential property to allow any other person not residing on the property to display any vehicle or boat for sale on the property. Notwithstanding any other provision to the contrary, the requirement of this section shall take effect October 1, 2016. For a first-time violation, the Department shall issue a warning notice to the responsible party and shall wait at least three (3) days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with Section 8CC-10 of this chapter.

(b)

As used in this section, the term "vehicle" shall include an automobile, motorcycle, truck, recreational vehicle, utility trailer, or a trailer for transporting off-highway vehicles or boats.

(c)

No certificate of use for sale of a vehicle or boat on a residential property shall be issued unless the applicant provides to the Director the following proof or an attestation under oath establishing, in the Director's discretion, that the vehicle or boat to be displayed for sale is owned by a person residing in or on the residential property. When required by the Director, said proof shall be established by:

(1)

A valid registration for the vehicle or boat in the name of the certificate of use applicant, with a registration address matching the property address where the vehicle or boat will be displayed for sale; or

(2)

A valid registration for the vehicle or boat in the name of the certificate of use applicant and either a copy of a valid, government-issued identification card or license or a copy of a utility bill showing the applicant's name and the property address where the vehicle will be displayed for sale. Any utility bills provided as proof shall be dated no earlier than four months before the certificate of use application.

(d)

Additional conditions of the display for sale:

(1)

The certificate of use shall be placed in a conspicuous place in or on the vehicle or boat so as to be easily readable by law enforcement and code enforcement officials. For a first-time violation, the Department shall issue a warning notice to the responsible party and shall wait at least three (3) days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with Section 8CC-10 of this chapter.

(2)

No vehicle shall be displayed for sale on a residential property unless affixed to the vehicle is a valid state license plate issued for the vehicle, with a current vehicle registration decal, except that a vehicle affixed with a lost tag may be displayed for a period not to exceed ten (10) days. A vehicle with a lost tag shall have the vehicle registration affixed to the rear window so as to be easily readable by law enforcement and code enforcement officials. No boat shall be displayed for sale on a residential property unless a current registration decal is affixed to the boat in the location required by state law.

(3)

On residential property, no more than one (1) vehicle or boat may be displayed for sale at any one (1) time on any one (1) premise and no more than two (2) vehicles or boats may be displayed for sale at any one (1) premise for any one (1) calendar year, and the display shall only be permitted at the address designated on the certificate of use, which shall be the current address of the registered owner of the vehicle or boat offered for sale on the subject premises.

(4)

No more than one sign, commercial or non-commercial, shall be placed in or on the window of a vehicle or boat displayed on a residential property. Such sign shall not exceed 8 inches by 12 inches. This limitation shall not be construed to apply to bumper stickers, homeowner's association identification decals, parking authorization decals or other similar identification or authorization signage affixed to or on the windows.

(e)

Violations of this section shall be punishable by a fine enumerated in Section 8CC-10 of this Code. Each vehicle or boat in violation of this section is a separate offense. The County may lien the vehicle or boat and any real property owned by the violator in Miami-Dade County until all fines, enforcement costs, and administrative costs are paid by the violator. Any vehicle or boat in violation of this section shall be towed if not removed immediately by the owner. Violators will be responsible for all fines, towing fees, storage fees, and any administrative and enforcement fees that result from the enforcement of this section.

(Ord. No. 95-211, § 3, 11-21-95; Ord. No. 98-36, § 1, 3-31-98; Ord. No. 01-85, § 1, 5-8-01; Ord. No. 05-190, § 1, 11-3-05; Ord. No. 16-53, § 1, 5-17-16)

(a)

Temporary. Temporary accessory buildings, tents, out-buildings, and other similar structures are prohibited for residential use whether on a temporary or permanent basis. Permanent accessory buildings, at the discretion of the Director, may be constructed and used as a temporary residence prior to erection of permanent or main residence under conditions herein specified and a portion of a main residence, at the discretion of the Director, may be used and occupied as a temporary residence under the same and following conditions:

(1)

Where application is made and permit is issued for a permanent residential structure on the site to be used for a temporary residence.

(2)

Sanitary facilities approved by the Director and Health Department are provided.

(3)

Waivers of objection are secured from all residents and property owners within a radius of seventy-five (75) feet of the proposed building site as described on the application for building permit, unless upon sufficient proof, it is clearly shown that upon diligent search, the applicant was unable to ascertain the name and whereabouts of the owner of property within the radius specified.

(4)

That the applicant execute a cash escrow agreement in a sum not less than one hundred dollars ($100.00) (at the discretion of the Director) guaranteeing reasonable progress in the construction of a permanent residential structure and its completion within the time specified in the permit and according to its terms.

(5)

Where reasonable progress is made and justifiable reasons shown, satisfactory to the Director, he may grant an additional maximum of ninety (90) days for compliance with the terms of the agreement and building permit.

(6)

The cash escrow agreement will be released and escrow refunded upon completion of the main residence and in the case where an accessory building has been used for the temporary residential purposes, where said accessory is converted to its proper use as permitted under applicable district.

The foregoing provisions shall not be construed to mean that residential uses, either on a temporary or permanent basis, will be permitted in IU-2 or IU-3 Districts.

(b)

Permanent.

(1)

Accessory buildings, structures, or uses shall not be closer than 75 feet to the front property line except where it is desired to place them closer than 75 feet to the front property line; in that event, each side line offset distance required for such lot shall be increased by the number of feet less than 75 feet above referred to, provided such setback from the front property line is at least 15 feet greater than the setback for a principal building in the same block and said front line setback is not less than 50 feet.

(2)

No permit shall be issued for an accessory building for any use unless the principal building exists on front of lot, or unless a permit is obtained simultaneously for both buildings and construction progress concurrently.

(3)

Accessory buildings shall not occupy a greater percent of the rear yard area than the following:

(4)

Where less than 25 percent of the lot is available for rear yard the above percentage available for accessory buildings shall be correspondingly reduced.

(5)

On lots occupied by apartments, hotels, stores, clubs or other buildings, at least one and one-half (1½) square feet of open yard area shall be provided for each lineal foot of septic tank drain tile.

(c)

Swimming pools. Swimming pools in all districts shall be constructed no closer than five (5) feet to any building foundation, unless both the design and construction are approved by the Director as safe and will not possibly result in a weakening of or damage to the building foundation. In no event shall said pools be closer than eighteen (18) inches to any wall or any enclosure. Screen enclosures, enclosing swimming pools or other approved uses, where attached to the principal building, shall be permitted no closer to the front property line than the principal building; and if so attached, such enclosures shall not be considered as a part of such residence or building, but shall be considered as an accessory building for purposes of lot coverage only. Swimming pools, whether or not enclosed within screen enclosures, that are not attached to the principal building, and other permitted detached screen enclosures, shall be considered as accessory uses and shall be setback at least seventy-five (75) feet from the front property line. In addition to the above and foregoing, the following setbacks shall apply:

(1)

Minimum setback distances for swimming pools in any RU Districts shall be ten (10) feet from any interior side property line, twenty (20) feet from a side street property line, and seven and one-half (7½) feet from a rear property line, except that where the pool is accessory to other than one- or two-family residential use, the minimum setback distance from a side street property line shall be five (5) feet greater than required for the principal building.

(2)

Screen enclosures enclosing swimming pools or other approved uses in all RU Districts shall be setback a minimum distance of seven and one-half (7½) feet from any interior side property line, fifteen (15) feet from any side street property line and six (6) feet from the rear property line, except that the minimum setback distance from a side street property line for a screen enclosure accessory to other than one- or two-family residential use, shall be the same as required for the principal building.

(3)

Minimum setback distances for swimming pools in EU-M and EU-S Districts shall be twenty (20) feet from any interior side property line, thirty (30) feet from any side street property line and seven and one-half (7½) feet from a rear property line.

(4)

Screen enclosures enclosing swimming pools or other approved uses in EU-M and EU-S Districts shall be setback a minimum distance of fifteen (15) feet from any interior side property line, twenty-five (25) feet from any side street property line and six (6) feet from a rear property line.

(d)

Fallout or bomb shelters. A fallout or bomb shelter shall be permitted to be constructed within five (5) feet of the rear property line and without regard for the spacing requirement applicable to buildings located on the same premises if such shelter is attached to an existing building or accessory to an existing building, in all districts; provided, that it shall otherwise conform to all other setback requirements prescribed for the principal building and further provided, that such shelter shall be designed and constructed in accordance with the provisions of the South Florida Building Code, and in accordance with the minimum specifications and requirements as prescribed in the pamphlets published by the Office of Civil and Defense Mobilization designated as Fallout Shelter Surveys; Guide for Architects and Engineers, MP-10-2 National Plan Appendix Services, May 1960; Family Fallout Shelters of Wood, NP-21, December 1960; The Family Fallout Shelter, MP-15, June, 1959; and Clay Masonry Family Fallout Shelters, MP-18, February 1960, which pamphlets are hereby adopted as a part hereof by reference.

(e)

Boat storage. Boats of less than thirty (30) feet in length, not more than one hundred and two (102) inches in width and thirteen (13) feet six (6) inches in height above grade, may be stored or temporarily parked in the RU, EU, AU and GU Zoning Districts on lots developed with a residential structure subject to the following conditions:

(1)

Sites with less than one-half (0.5) acre of lot area shall be permitted to store up to one (1) boat. The place of storage shall be to the rear of the front building line of the residential structure. Where the boat storage area is located between the residence and a side street property line, the boat shall be visually buffered by a minimum six-foot high privacy fence, masonry wall, or trees or shrubs maintained to a minimum height of six feet. The front building line referred to shall be that portion furthest from the street.

(2)

Sites containing a minimum of one-half (0.5) acre of lot area shall be permitted to store up to two (2) boats. Sites containing a minimum of five (5) acres of lot area shall be permitted to store up to three (3) boats. The place of storage shall be to the rear of the front building line of the residential structure, and such front building line shall be that portion furthest from the street. Where two or more boats are located on a site, the boat storage area shall meet the rear and side setback requirements for the principal structure and be visually buffered from the adjacent property and right-of-way by a minimum six-foot high privacy fence, masonry wall or trees or shrubs maintained to a minimum height of six feet, provided however, if a permit was approved for a five-foot high privacy fence or masonry wall prior to the effective date of this ordinance and thereafter constructed, such a fence or wall shall be acceptable in lieu of one that is six-feet high.

(3)

Up to two (2) personal watercrafts not exceeding five (5) feet in width by twelve (12) feet in length may be stored or parked in lieu of a boat authorized by this section. Such watercraft shall be visually buffered in accordance with Section 33-20(e)(2) or (3), as applicable.

(4)

Boats and place of storage or temporary parking shall be kept in a clean, neat and presentable condition.

(5)

No major repairs or overhaul work shall be made or performed on the premises.

(6)

The boats shall not be used for living or sleeping quarters, and shall be placed on and secured to a transporting trailer.

(7)

The temporary parking of a boat in front of the front building line or in front of the side street building line for no more than 2 hours in any 24-hour period, while the boat is hitched to an operable motor vehicle with a valid permanent license tag, for the purposes of loading and unloading equipment and supplies shall be permitted, but under no circumstances shall a boat be parked in the public right-of-way, including the swale area of a right-of-way.

(8)

Commercial boat parking shall be prohibited. All boats stored on the property must be registered to the property owner or authorized residential tenant.

(f)

Recreational and camping equipment. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary living quarters for recreation, camping or travel use may be parked in the open on sites containing a single-family or duplex residence, subject to the following conditions:

(1)

No more than one (1) such equipment shall be parked on such site.

(2)

Such parking shall be limited to such equipment owned or leased by the occupant-owner or occupant-lessee of the site concerned, or owned or leased by a bona fide out-of-Miami-Dade County house guest of the occupant-owner or occupant-lessee of the site concerned, with the parking of such equipment by guest not to exceed fourteen (14) days.

(3)

The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line furthest from the street and set back to at least the rear building line wherever possible, but in no event in front of such front building line. Such equipment shall be setback from side property lines at least a distance equivalent to the required side setback for the principal building and shall be set back from the rear property line at least ten (10) feet.

(4)

Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner and the equipment shall be in a usable condition at all times.

(5)

Such equipment shall, at all times, have attached a current vehicle registration license plate.

(6)

No major repairs or overhaul work on such equipment shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances).

(7)

When parked on the site, such equipment shall not be used for living or sleeping quarters, or for housekeeping or storage purposes and shall not have attached thereto any service connections lines, except as may periodically be required to maintain the equipment and appliances.

(8)

Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length shall not exceed thirty (30) feet and the maximum height shall not exceed ten (10) feet.

(9)

Such equipment shall be so secured so that it will not be a hazard or menace during high winds or hurricane.

(10)

A seller (dealer or individual) offering for sale such new or used equipment, must furnish and attach to such equipment a true copy of this subsection.

(g)

Recreational and camping equipment as temporary watchman's quarters in AU district. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary watchman's quarters for security purposes, may be parked in the open on sites in the AU district, subject to the following conditions:

(1)

No more than one (1) such equipment shall be parked on such site.

(2)

Such parking shall be limited to those sites containing a minimum of five (5) gross acres, located outside the Urban Development Boundary as shown on the Comprehensive Development Master Plan Land Use Plan Map.

(3)

Such equipment shall be parked for security purposes and shall be accessory to an actively farmed agricultural crop, with the parking of such equipment by the watchman not to exceed nine (9) months maximum at any occurrence.

(4)

The location for such parked equipment shall be a minimum of one hundred (100) feet from any property line.

(5)

Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner and the equipment shall be in a usable condition at all times.

(6)

Such equipment shall, at all times, have attached a current vehicle registration license plate.

(7)

Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida.

(8)

A permit shall be obtained prior to each occurrence for the parking of such equipment.

(9)

All applicable requirements shall be complied with for the disposal of sewage.

(h)

Outdoor boat and RV storage area on private residential condominium association, homeowner's association or multi-family tenant community property. The term "boat" as used in this subsection shall include every description of watercraft or airboat used or capable of being used as a means of transportation on water. The term "RV" shall mean recreational and camping equipment in the form of travel and camping trailer, swamp buggy and other off-road vehicles and motor travel home.

Conditions and limitations. An outdoor storage area designated for residents' parking of boats and RV's shall be permitted, subject to compliance with the following:

(1)

The private storage area is an accessory use for a residential condominium, homeowner's association or multi-family tenant association and shall be located on the residential condominium, homeowner's association or multi-family tenant association property.

(2)

Each boat and RV stored in the designated area shall be registered to a resident of the subject condominium, homeowner's or tenant's association community. In no event shall non-residents' recreational vehicles or boats be parked in the storage area. Each boat shall be secured to a transporting trailer in compliance with all applicable regulations.

(3)

The area devoted to storage shall be setback a minimum of 25 feet from all property lines; said 25-foot setback area to be maintained as an open landscaped area and shall be free of walls and/or fences. In no event shall the storage area count toward required landscaped open space; providing, however, the 25-foot landscaped setback area may be computed toward required open landscaped space.

(4)

The storage area shall be enclosed by (1) a five-foot decorative masonry wall or (2) a five-foot high chain link fence with hedges a minimum of three feet in height when measured immediately after planting and maintained to form a visual screen around the site within one year after the time of planting, except that gated openings shall be permitted for ingress and egress.

(5)

The storage area shall not be included in maximum lot coverage.

(6)

The storage area shall either be paved or shall be hard-surfaced and shall comply with the requirements of the Department of Environmental Resources Management as well as the Florida Building Code.

(7)

Boats placed in the storage area shall be restricted to the following dimensions as measured pursuant to Section 33-20(e):

(a)

thirty (30) feet in overall length

(b)

eight feet six inches (8'6") in width

(c)

thirteen (13) feet six (6) inches in height.

(8)

RV's placed in the storage area shall not exceed thirty (30) feet in length, eight feet six inches (8'6") in width nor exceed ten (10) feet in height.

(9)

The boats, RV's and place of storage shall be kept in a clean, neat condition.

(10)

Where required under Florida Statute, all RV's, boats and trailers for transporting same shall have and display a current Florida registration or license plate.

(11)

No major repairs or overhaul work shall be made or performed on the premises; and no flushing of outdrive or outboard motors shall be permitted from sunset to sunrise.

(12)

Neither the boats nor the RV's shall be used for living or sleeping quarters while parked in the storage area.

(13)

Common open space on residential condominium property may be utilized for such a storage area, all subject to the conditions enumerated herein.

(14)

Maintenance of the storage area shall either be provided through (i) a multi-purpose special taxing district, (ii) through the associations execution of a declaration of restrictions, or (iii) other maintenance provisions acceptable to Miami-Dade County in recordable form approved by the County Attorney, accepting responsibility for the maintenance of the storage area and ensuring continued compliance with the conditions enumerated herein.

Administrative review required. Such storage area(s) shall be shown on plans submitted for site plan approval or plat approval, whichever is required by code to occur first, and the storage area shall be subject to review for compliance with the conditions enumerated in this subsection; or such proposed storage area(s) for previously developed (existing) communities containing required common open space shall be reviewed for substantial compliance, and an application for substantial compliance determination may be considered in substantial compliance with previously approved plans if the proposed storage area is shown in a location that had previously been indicated as common open space, provided the storage area complies with all the conditions contained in this subsection. Substitution of a storage area for previously approved recreational amenities, such as but not limited to tennis and racketball court(s) and similar recreational amenties may be permitted upon a showing that the majority of the property owners or tenants in the community approve same.

(i)

Portable mini-storage unit. For the purpose of this section, the term portable mini-storage unit shall mean a portable container designed for the storage of personal property that is placed on a homeowner's lot, parcel or tract and is designed to be delivered to and/or removed from the homeowner's site by a truck or other street-legal vehicle.

One temporary portable mini-storage unit may be placed on a fee simple lot, parcel or tract containing a single-family residence, subject to the following conditions and limitations:

(1)

The homeowner:

(a)

Has a valid building permit for the major remodeling of, or for a significant addition to, or for damage repair to the single-family residence on the lot, parcel, or tract whereon the portable mini-storage unit is requested to be placed; or

(b)

Is conducting work involving interior improvements that do not require a building permit; or

(c)

Is using the portable mini-storage unit to move personal items or furnishings to another location; and

(2)

The portable mini-storage unit, shall not exceed 8 feet in width, 16 feet in length, and 8 feet in height; and

(3)

The portable mini-storage unit shall be placed at ground level, shall be setback a minimum of ten (10) feet from the front property line and a minimum of five (5) feet from all other property lines, and shall comply with the safe sight distance triangle regulations; and

(4)

In no instance shall hazardous material be placed in the portable mini-storage unit; and

(5)

The property owner shall apply for and obtain a Certificate of Use (C.U.) pursuant to Section 33-8 for a portable mini-storage unit that will be kept on the lot/parcel; and

(6)

The C.U. shall be placed in a conspicuous place on the portable mini-storage unit so as to be easily readable by law enforcement and code enforcement officials; and

(7)

No homeowner may have a portable mini-storage unit for more than 90 days total in a calendar year. The Director may approve additional time if the Director determines that additional time is necessary because of construction delays.

(8)

No mechanical, plumbing or electrical installations or connections are made to the portable mini-storage unit. All portable mini-storage units must be kept in good, clean, and finished condition, with no visible signs of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks; and

(9)

The portable mini-storage unit shall be locked at all times when it is not being loaded or unloaded.

(10)

The portable mini-storage unit shall have clearly posted on the exterior of the unit, the name, current phone number and address of the company providing the portable mini-storage unit, a copy of the current C.U. permit issued for the mini-storage unit, and the date the portable mini-storage unit was placed at the site.

(11)

The conditional C.U. approval may be revoked by the Director at any time should the homeowner's utilization of such temporary portable mini-storage unit result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein. All portable mini-storage units shall be removed or secured to withstand winds in excess of 100 mph immediately upon the issuance of a hurricane watch by a federal agency. Any property owner placing a portable mini-storage unit on their property must attest that they have property insurance for damages caused by windstorms.

(12)

Enforcement. A courtesy warning shall be issued prior to commencing any enforcement action, and the responsible party shall have five calendar days within which to correct the violation. Thereafter, the County may commence appropriate enforcement action.

(j)

Cargo container storage units ("units"). For the purpose of this section, the term cargo container storage unit shall mean a shipping container that is designed for cargo storage and is placed on a given property. Cargo container storage units are subject to the following conditions and limitations:

(1)

Units may only be placed on property with a minimum size of 10 acres located in the following zoning districts: IU, BU-1A, BU-2, and BU-3.

(2)

Units may only be used for storage that is ancillary to an existing business.

(3)

No hazardous materials may be stored in the cargo container storage unit.

(4)

Units may not be placed in a manner that renders the site non-conforming with parking, landscaping, or lot coverage requirements.

(5)

Containers may not be stacked.

(6)

Containers shall be placed behind the building and not visible from the side street. No container shall alter or impede the traffic flow within the site or that of service alleys when applicable.

(7)

Containers shall be maintained free from rust and graffiti and painted the same color as the building.

(8)

The number of containers shall be limited to 1 for parcels of 10 acres. An additional container may be permitted for each additional acre of net lot area, not to exceed 5 containers.

(9)

The container setback shall be as follows:

(10)

Units shall setback 500 feet from EU or RU zoning district boundary lines or within 500 feet of a zoning district which is developed residential. Units legally established prior to October 1, 2014 are exempt from this requirement.

(11)

The property owner shall apply for and obtain a Zoning Improvement Permit (ZIP) pursuant to Section 33-8.1 for each cargo container storage unit.

(12)

A ZIP may be revoked by the Director at any time upon violation of any of the conditions or limitations stated herein.

(13)

Hours for access to the units shall only be from 8 a.m. to 8 p.m.

(k)

Decorative Elements. Decorative elements shall be permitted on lots developed with a residential structure in the AU, EU, GU, and RU Districts, provided that the decorative element is in front of the building line of the principal structure and complies with the following:

(1)

For lots in the RU Districts, decorative elements shall be setback at least ten (10) feet from the front and side property lines and shall not exceed six (6) feet in height and fifty (50) square feet in area.

(2)

For lots in the AU, EU, and GU Districts, decorative elements shall be setback at least ten (10) feet from the front and side property lines. The maximum height of decorative elements shall be six (6) feet at a setback of ten (10) feet, except that the maximum height may increase an additional 0.6 feet per additional foot of setback to a maximum height not to exceed twelve (12) feet.

(3)

A Zoning Improvement Permit shall be obtained prior to construction of a decorative element that is permanently affixed to the ground. Additional or alternative permits may be required when decorative elements include electrical or plumbing connections.

(l)

Utility sheds and pergolas. Utility sheds and pergolas shall be subject to the following conditions and limitations:

(1)

Notwithstanding any other provision of this section, there shall be no more than one utility shed per residential lot, up to a maximum of 400 square feet in size, provided that the maximum rear lot coverage set forth in subsection (b) above is not exceeded.

(2)

Where applicable, all utility sheds shall be in compliance with the Florida Building Code or be approved by the State of Florida and shall be subject to easement restrictions pursuant to Sections 33-24 and 33-284.43(k).

(3)

Prior to the issuance of a building permit for a utility shed, the property owner shall furnish the County with a fully executed declaration of use, or other legal instrument acceptable to the Director, stating that the utility shed will not be used for living quarters or other habitable purposes.

(4)

Utility sheds and pergolas larger than 100 square feet shall comply with the accessory building setbacks contained in Section 33-50.

(5)

Utility sheds and pergolas not larger than 100 square feet, not exceeding 10 feet in height, and incidental to an existing single-family residential use shall be setback as follows:

^* Rear and interior side setbacks may be reduced to two feet provided an affidavit is submitted indicating consent from the owner of the property that directly abuts the property boundary where the reduction is requested.

(6)

Notwithstanding the foregoing, utility sheds and pergolas in townhouse developments shall be regulated by Section 33-202.3(2)(q).

(7)

Notwithstanding any other provision of the Code to the contrary, where it is finally adjudicated that a previously permitted utility shed is being used beyond the scope permitted, the shed shall be brought into compliance with this section within 30 days from the date of such final adjudication. For purposes of this subsection, "final adjudication" shall mean the exhaustion of opportunity to appeal either a civil citation notice or order granting permanent injunction, whichever occurs first, at the discretion of the Department.

(8)

In addition, notwithstanding any provisions of the Code pertaining to non-conforming uses, where a previously permitted utility shed must be or is replaced or rebuilt, the shed shall be brought into compliance with this section.

(m)

Notwithstanding any other limitations imposed by the Code, the temporary use of an RV for living purposes is allowed provided that all of the following conditions are satisfied:

(1)

A Local State of Emergency has been declared in accordance with Section 8B-6(1) of the Code and the disaster for which the Local State of Emergency was declared has ceased;

(2)

The RV is placed on a property where the principal residence (including a mobile home) has been deemed by County staff as uninhabitable as a result of the disaster for which the Local State of Emergency was declared;

(3)

The RV is not parked or stored, and does not encroach, on any right-of-way;

(4)

The RV is fully licensed and ready for highway use; and

(5)

A Temporary Certificate of Use (TCU) has been obtained prior to using the RV for living purposes. Any TCU shall be valid for 120 days. The Department may reissue a TCU for an additional 120 days if there is evidence that there is progress with the repairs to the principal residence. Notwithstanding subsection (1) of this subsection (m), a valid TCU issued under this subsection (m) shall be valid even if the Local State of Emergency that triggered the applicability of this section is no longer in effect.

(n)

Self-service car air vacuum. A self-service car air vacuum shall be permitted as an ancillary use in a multi-family residential development in any district zoned RU-4, RU-4A, RU-4M, RU-5, Urban Center or Urban Area, or Rapid Transit Zone, subject to the following conditions and limitations:

(1)

Each air vacuum shall be located in a parking lot or garage designated for use by residents of a multi-family building and not the general public.

(2)

Within the parking lot or garage, each air vacuum:

(a)

shall be located adjacent to spaces designated for surplus or overflow parking only;

(b)

shall not be placed so as to block access points to the parking lot or garage, impede traffic flow within the parking lot or garage, or block access to any parking spaces within the parking lot or garage required by this code; and

(c)

shall not be located in or around parking spaces designated for handicapped or disabled persons.

(3)

Each air vacuum shall be located such that it is not visible from the street or from adjacent properties, or shall be appropriately buffered with landscaping, fencing, or a wall to ensure that it is obscured from view.

(o)

Solar energy system.

(1)

A solar energy system is permitted as an accessory structure and ancillary use in any zoning district provided that it complies with this subsection.

(2)

A solar energy system may be mounted on a roof structure or on the ground, subject to the following:

(i)

The front setback for a roof- or ground-mounted solar energy system shall be the same as that of the principal building, and a ground-mounted solar energy system shall otherwise comply with the setbacks for an accessory building.

(ii)

Where the zoning district does not provide setbacks for accessory structures, ground-mounted solar energy systems shall otherwise comply with setbacks for the principal building.

(iii)

Building permits shall be obtained for the construction of any structures and other improvements to the extent required under the Florida Building Code.

(iv)

A facility that is exempt from the Florida Building Code shall obtain a zoning improvement permit pursuant to Section 33-8.1.

(3)

A floating solar energy system shall only be permitted pursuant to subsection (q) below or where authorized as an unusual use as provided in Section 33-13.

(p)

Solar facility.

(1)

A solar facility is permitted as an accessory structure and ancillary use, provided that it complies with this subsection, within:

(i)

AU, IU, BU, and GP zoning districts and the GU district when trended to one of the foregoing districts; or

(ii)

Land designated Institutions, Utilities, and Communications on the CDMP Land Use Plan Map; or

(iii)

Government-owned property.

(2)

Notwithstanding any provision to the contrary, solar facilities shall not be permitted in, on, over, or upon: national parks; wildlife management areas; water management areas; tidal waters or bay bottom lands; canal-related rights-of-way, reservations, and easements; aquatic preserves; Everglades restoration areas; environmentally protected parks; land designated as Environmental Protection by the CDMP Land Use Plan Map; land west of the C-111 canal; land within any potable water wellfield protection area; or on lands set aside as mitigation, including but not limited to mitigation banks permitted pursuant to section 373.4135, F.S.

(3)

A dissimilar land use buffer shall be required in accordance with Section 18A-6, and the facility shall not encroach on such buffer.

(4)

A solar facility located within:

(i)

a land use compatibility restriction zone as defined in article XXXVII shall only be allowed if approved by the Miami-Dade Aviation Department pursuant to that article; and

(ii)

an airport land use restriction area as defined in article XXXV shall only be allowed after submittal to Homestead Air Reserve Base for review and comment and if approved by the Department pursuant to that article.

(5)

Administrative site plan review pursuant to the procedures and criteria set forth in Section 33-283.1 shall be required, except that references to "commercial vehicle and equipment storage area" shall instead be read as "solar facility."

(6)

Building permits shall be obtained for the construction of any structures and other improvements to the extent required under the Florida Building Code.

(7)

A facility that is exempt from the Florida Building Code shall obtain a zoning improvement permit pursuant to Section 33-8.1.

(8)

Plans, operating permits, and other applicable approvals required by Chapter 24 and other provisions of this code shall be obtained.

(9)

Installations proposed on stormwater conveyance, retention, or detention areas shall only be allowed where such installation does not interfere with the stormwater infrastructure, as determined by the director responsible for administering Chapter 24.

(10)

A floating facility shall only be permitted pursuant to subsection (q) below or where authorized as an unusual use as provided in Section 33-13.

(q)

Floating solar system or facility. A floating solar energy system or floating solar facility (collectively, a "floating installation") is permitted as an accessory structure and ancillary use only where it complies with the following requirements:

(1)

A floating solar system is allowable in any zoning district. A floating solar facility is only allowable on lands identified in subsection (p)(1) above.

(2)

A floating installation may only be installed on a wastewater treatment pond, abandoned limerock mine area, stormwater treatment ponds, reclaimed water pond, or other water storage reservoir or artificial water body. For purposes of this subsection, "artificial water body" means a water body that is not connected to any wetlands as defined in Chapter 24 or other natural surface water body.

(3)

Notwithstanding any provision to the contrary, floating installations shall not be permitted in, on, over, or upon: national parks; wildlife management areas; water management areas; tidal waters or bay bottom lands; canal-related rights-of-way, reservations, and easements; aquatic preserves; Everglades restoration areas; environmentally protected parks; land designated as Environmental Protection by the CDMP Land Use Plan Map; land west of the C-111 canal; land within any potable water wellfield protection area; or on lands set aside as mitigation, including but not limited to mitigation banks permitted pursuant to section 373.4135, F.S.

(4)

A floating solar system in an RU or EU zoning district may be approved administratively and without administrative site plan review where the system is located on a body of water that is wholly contained within the lot that it serves. Otherwise a floating solar system in an RU or EU zoning district may only be approved as an unusual use in accordance with Section 33-13.

(5)

A floating installation located within:

(i)

A land use compatibility restriction zone as defined in article XXXVII shall only be allowed if approved by the Miami-Dade Aviation Department pursuant to that article; and

(ii)

An airport land use restriction area as defined in article XXXV shall only be allowed after submittal to Homestead Air Reserve Base for review and comment and if approved by the Department pursuant to that article.

(6)

Administrative site plan review pursuant to the procedures and criteria set forth in Section 33-283.1 shall be required, except that references to "commercial vehicle and equipment storage area" shall instead be read as "solar facility." It is provided, however, that administrative site plan review is not required as provided in paragraph (4) above.

(7)

Building permits shall be obtained for the construction of any structures and other improvements to the extent required under the Florida Building Code.

(8)

Floating installations exempt from the Florida Building Code shall obtain a zoning improvement permit pursuant to Section 33-8.1.

(9)

Plans, operating permits, and other applicable approvals required by Chapter 24 and other provisions of this code shall be obtained.

(10)

Installations proposed on stormwater conveyance, retention, or detention areas shall only be allowed where such installation does not interfere with stormwater infrastructure or stormwater management, as determined by the director responsible for administering Chapter 24.

(Ord. No. 57-19, § 5(O), 10-22-57; Ord. No. 58-34, § 1, 9-9-58; Ord. No. 59-48, § 4, 12-22-59; Ord. No. 61-36, § 1, 9-5-61; Ord. No. 62-5, § 1, 2-6-62; Ord. No. 63-16, § 2, 5-7-63; Ord. No. 68-39, § 1, 6-18-68; Ord. No. 75-3, § 1, 1-7-75; Ord. No. 79-19, § 1, 3-6-79; Ord. No. 96-2, § 1, 1-9-96; Ord. No. 97-19, § 2, 2-25-97; Ord. No. 03-135, § 1, 6-3-03; Ord. No. 03-183, § 1, 9-9-03; Ord. No. 04-58, § 1, 3-16-04; Ord. No. 05-191, § 2, 11-1-05; Ord. No. 12-93, § 1, 11-8-12; Ord. No. 12-96, § 2, 11-8-12; Ord. No. 13-33, § 1, 4-2-13; Ord. No. 13-80, § 1, 9-4-13; Ord. No. 14-82, § 1, 9-16-14; Ord. No. 16-129, § 1, 11-15-16; Ord. No. 16-74, § 2, 7-6-16; Ord. No. 18-123, § 2, 10-2-18; Ord. No. 19-65, § 3, 7-10-19; Ord. No. 21-5, § 2, 1-21-21; Ord. No. 23-98, § 1, 11-7-23; Ord. No. 24-14, § 2, 2-6-24)

Editor's note— Ord. No. 16-74, § 2, adopted July 6, 2016, amended the title of § 33-20 to read as herein set out. The former § 33-20 title pertained to accessory buildings; utility sheds and pergolas; swimming pools; fallout shelters; boat storage; portable mini-storage units; cargo container storage units.

Cross reference— Fences and safety barriers for swimming pools, § 33-12.

A permanent generator installation shall be permitted as an ancillary use in all zoning districts, subject to the following conditions:

(a)

Setbacks for permanent generators. In those zoning districts permitting accessory buildings, compliance with accessory building rear, interior side and side street setbacks shall be required for a permanent generator. The front setback shall be behind the front building line of the principal building. There shall be no spacing requirements from the principal building to the generator.

In those zoning districts not permitting accessory buildings, the permanent generator shall comply with principal building setbacks, except that there shall be no spacing requirement from the principal building to the generator.

(b)

Setback exception for certain residential districts. Permanently installed generators fueled by propane gas or natural gas not exceeding five (5) feet in height from finished grade to the top of the generator shall be permitted as an accessory use in conjunction with a permitted residential use in accordance with the following setback requirements:

(1)

Front—behind the front building line.

(2)

Rear—five (5) feet.

(3)

Interior side—three (3) feet in RU districts; five (5) feet in EU, AU and GU districts.

(4)

Side street—behind the side street building line, unless completely screened from view by a wall or hedge. In no event shall a permanently installed generator be placed closer than ten (10) feet to the side street property line.

(5)

Spacing—there shall be no spacing requirement between the principal building and the permanently installed generator.

(c)

Number permitted in residential districts. A maximum of one permanent generator shall be permitted as an ancillary use to a single-family residence, duplex unit or townhouse unit. A maximum of one generator per structure shall be permitted for multi-family developments, with the exception of condominium units, which shall be permitted one permanent generator per condominium unit.

(d)

In all residential districts, a permanent generator shall be screened from view by a wall or hedge.

(e)

A permanent generator installation shall not be counted as part of maximum lot coverage, maximum floor area ratio, or parking requirement calculations. Permanent generator installations on improved properties may encroach into the required landscaped open areas.

(f)

There shall be no variance from the provisions of this section.

(Ord. No. 06-83, § 1, 6-6-06)

(a)

Presumption of illegal multiple family use or subdivision. It shall be presumed that a multi-family use has been established, or a residential lot has been illegally subdivided, when one or more of the following conditions are observed:

(1)

There are two or more electrical, water gas or other types of utility meters, or mailboxes on the premises.

(2)

There is evidence of a liquid propane (LP) gas tank installed in an unauthorized detached structure on the premises.

(3)

There is more than one cooking area in the primary structure or an accessory building has a cooking area.

(4)

All living areas in the dwelling unit are not interconnected.

(5)

Multiple numbered, lettered, or otherwise labelled parking spaces.

(6)

An unauthorized detached building with air conditioning, interior cooking areas or utility meters.

(7)

There is more than one different house address unit number posted on the premises.

(8)

An advertisement or sign indicating the availability of more than one dwelling unit on the premises.

(9)

An unpermitted exterior door.

(10)

Disproportionately high utility bill or bills in comparison to similarly-sized residences in the area, or disproportionately high utility bill or bills in relation to the number of bedrooms.

(11)

Disproportionate number of vehicles parked overnight at or registered to the property in relation to the number of bedrooms.

(b)

Presumption of illegal rooming house. It shall be presumed that a rooming house has been established when one or more of the following conditions are observed:

(1)

An advertisement or sign indicating the availability of rooms, beds, or living spaces for rent.

(2)

Interior locks, partitions, or hasps.

(3)

Provision of cooking or kitchen appliances, such as electric fry pans, toaster ovens, or refrigerators, in individual rooms.

(4)

Individual storage of food in bedrooms.

(5)

Alphabetical, numeric, or other labeling of bedrooms or living areas.

(6)

Multiple numbered, lettered, or otherwise labelled parking spaces.

(7)

Alterations to structures which enhance or facilitate its use as a rooming house.

(8)

Disproportionately high utility bill or bills in comparison to similarly-sized residences in the area, or disproportionately high utility bill or bills in relation to the number of bedrooms.

(9)

Disproportionate number of vehicles parked overnight at or registered to the property in relation to the number of bedrooms.

(c)

For duplex or triplex structures, the terms "structure" and "dwelling" as used herein shall apply as to each dwelling unit.

(d)

Rebutting the presumption.

(1)

The absence of any factor set forth in subsection (a) or (b) shall not create any presumption.

(2)

The presumption may be rebutted by the submission of a notarized affidavit in a form acceptable to the Director from the property owner attesting that the entire dwelling unit and accessory structures are being maintained for single-family dwelling use only, and one of the following:

(i)

The property owner submits a current as-built floor plan prepared by a licensed engineer or architect, surveying the entire dwelling unit and accessory structures and showing all rooms are interconnected as a single-family dwelling and attesting that no conditions on the property show an illegal subdivision of the residence or illegal multi-family or rooming house use; or

(ii)

A compliance officer is able to enter the property, inspect the interior of the dwelling unit and accessory structures and verify its use as a single-family dwelling.

(e)

Nothing contained in this section shall prevent the enforcement actions authorized by the Code of Miami-Dade County, Florida independent of this section.

(Ord. No. 99-22, § 1, 3-4-99; Ord. No. 19-50, § 4, 6-4-19)

Editor's note— Ord. No. 19-50, § 4, adopted June 4, 2019, amended the title of § 33-20.1.1 to read as herein set out. The former § 33-20.1.1 pertained to prima facie evidence pf illegal multiple use or illegal subdivision of a residence.

Rifle and pistol ranges and trap shooting or skeet fields may be permitted only upon application to the appropriate zoning board and after public hearing before the board. If the application is granted a permit shall be obtained from the Director prior to the establishment of either a rifle or pistol range, trap shooting or skeet fields.

(Ord. No. 57-19, § 5(Q), 10-22-57)

Cross reference— Permit from Miami-Dade Police Department for shooting gallery, § 21-31; additional provisions for public hearings for unusual uses such as archery, rifle, pistol, trap and skeet ranges, § 33-13(e).

(1)

Subject to the conditions, requirements, and procedures set forth in this section, one accessory unit per lot shall be permitted in the following zoning districts located inside of the Urban Development Boundary: AU, EU, and RU, as well as GU for properties that are trended to AU, EU, or RU.

(2)

General requirements.

(a)

Maximum number of accessory units. One accessory unit is allowed on a lot developed with a principal single-family dwelling.

(b)

Certificate of occupancy requirements. If developed concurrently, a certificate of occupancy for the accessory unit shall not be issued until a certificate of occupancy has been issued for the principal dwelling.

(c)

Overnight occupancy. Overnight occupancy for an accessory unit shall be up to a maximum of two persons per bedroom, excluding children under three years of age.

(i)

If the accessory unit consists of a single room without a separate bedroom, the maximum overnight occupancy shall be two persons, excluding children under three.

(ii)

For purposes of this paragraph (c), "overnight" shall mean from 10:00 p.m. until 7:00 a.m. the following day.

(iii)

Notwithstanding the foregoing, at no time shall the occupancy of an accessory unit exceed the maximum occupant load for the property under the Florida Building Code.

(d)

Guesthouses. The occupancy of a guesthouse is limited to the family, as defined in Section 33-1, that occupies the principal dwelling.

(i)

The applicant for a guesthouse shall file a declaration of use with the Department acknowledging this occupancy requirement.

(ii)

A guesthouse may be converted to an accessory dwelling unit (ADU) by filing an application with the Department and satisfying all applicable requirements.

(iii)

The declaration of use for the guesthouse shall be extinguished upon approval of the application for ADU.

(e)

Parking. In addition to the off-street parking requirements for the principal dwelling, one parking space shall be provided to serve an accessory unit in accordance with the following:

(i)

Parking for the accessory unit shall be located:

a.

within a driveway or in a designated parking area on the same property as the principal dwelling; or

b.

on the street or swale directly in front of such property if there is no driveway or designated parking area on the subject property and on-street parking is permitted in such areas.

(ii)

Where on-street parking is authorized, parking shall be located directly in front of the property.

(iii)

Notwithstanding any requirement to the contrary, properties located within 660 feet of a CDMP-designated major corridor served by transit, CDMP-designated mixed-use corridor, or rapid transit activity corridor shall be exempt from this off-street parking provision.

(iv)

No more than two vehicles shall be parked at any one time during the occupancy period of the accessory unit on the same property as the principal dwelling or, where on-street parking is authorized in such areas, on the street or swale directly in front of such property.

(f)

Sale and rental. The accessory unit shall not be sold separately from the principal dwelling and shall only be rented for a fee in accordance with the following:

(i)

An ADU may be rented for a fee, provided that the rental period is not less than one month.

(ii)

A guesthouse shall not be rented for a fee separately from the principal dwelling, nor shall a property owner live in the guesthouse and rent the principal dwelling.

(iii)

Except as provided in Section 33-28, the accessory unit shall not be utilized as a vacation rental.

(g)

Utility meters and addresses.

(i)

An ADU may have electrical, water, gas, and other types of utility meters, a house address or unit number, and a mailbox that are separate from the principal dwelling.

(ii)

A guesthouse shall not have utility meters or an address, unit number, or mailbox separate from the principal dwelling.

(h)

Recreational vehicles. Recreational vehicles and travel trailers shall not be used as accessory units.

(i)

Homeowners' association. If the principal dwelling is part of a homeowners or condominium association (collectively, "HOA"), an applicant for an accessory unit shall provide advanced notice of the application to the HOA, attest to providing such notice at the time of application and, upon request, furnish proof of such notice to the Department with the application. The applicant shall be responsible for complying with all policies, rules, and regulations of the HOA pertaining to accessory structures.

(j)

Occupancy classification. An accessory unit shall have an occupancy classification of "single family residence" pursuant to the Florida Building Code, Residential Volume.

(3)

Design.

(a)

Attachment. The accessory unit may be attached to or detached from the principal dwelling.

(i)

Construction of an attached accessory unit shall be subject to review as a substantial improvement pursuant to Chapter 11C.

(ii)

Construction of a detached accessory unit shall be subject to review as new construction pursuant to Chapter 11C.

(b)

Architectural features.

(i)

The accessory unit must contain architectural characteristics and features that are compatible with the principal dwelling, including, but not limited to, similar exterior finish, window glazing and fenestration, and roof style.

(ii)

The accessory unit shall be of a similar scale and height as the principal dwelling.

(iii)

A detached accessory unit may not be located in whole or in part in front of the principal dwelling.

(c)

Entrance. If attached to the principal dwelling, the accessory unit may include a separate exterior entrance that is not visible from a roadway or public right-of-way.

(d)

Location. If detached from the principal dwelling, the accessory unit shall not be located closer to the front lot line than the principal dwelling.

(4)

Lot size, lot coverage, floor area, setbacks, and height.

(a)

Minimum lot size and minimum and maximum floor area requirements for accessory units shall be in accordance with the CDMP, except that guesthouses in the EU zoning districts shall not be subject to these requirements and shall be governed only by the requirements of the applicable EU district.

(b)

Detached accessory units exceeding one story in height and attached accessory units shall be subject to the same minimum setbacks and maximum lot coverage applicable to the principal dwelling.

(c)

Detached units not exceeding one story in height shall be subject to the minimum setbacks and maximum lot coverage applicable to accessory structures within the applicable zoning district.

(d)

If detached from the principal dwelling, the height of the accessory unit shall not exceed the height of the principal dwelling.

(e)

Adjustments to setback, height, and lot coverage for accessory dwelling units may be approved through the administrative adjustment procedure pursuant to Section 33-36.1. In addition, minimum lot size requirements may be adjusted administratively, but only to the extent authorized by the CDMP.

(5)

Site Plan Review. Each accessory unit shall be subject to administrative site plan review in accordance with the following.

(a)

At the time of application for building permit or certificate of use, each applicant for an accessory unit shall submit to the Department a schematic site plan at a scale of not less than one inch equals 100 feet prepared by a design professional and containing the following information:

(i)

Location of the proposed accessory unit in relation to the principal dwelling and all other improvements on the site.

(ii)

Identification of off-street parking used to serve the principal dwelling and the location of off-street parking spaces, if required, to serve the accessory unit.

(iii)

Other information and plans that the Director deems necessary to evaluate compliance with this section.

(b)

Procedures. The Department shall review plans for compliance in accordance with the procedures and timeframes applicable to the review and issuance of building permits or certificates of use, as applicable.

(6)

Certificate of use.

(a)

Notwithstanding anything in this chapter to the contrary, a certificate of use (CU) shall be required for each accessory unit.

(b)

A CU for an accessory unit may only be obtained by the property owner of the principal dwelling.

(c)

The CU shall specify the following:

(i)

Type of accessory unit (guesthouse or ADU);

(ii)

Size of the accessory unit;

(iii)

Whether the accessory unit is attached to or detached from the principal dwelling;

(iv)

Whether the accessory unit is occupied or vacant and, if occupied, the names of the occupants, with such information updated upon a change of occupant or when the CU is renewed, whichever occurs first;

(v)

Whether any vehicles are registered to, or used by, the accessory unit occupants and, if so, the vehicle plates associated with such vehicles, with such information updated upon a change in vehicles or when the CU is renewed, whichever occurs first; and

(vi)

Maximum occupancy.

(d)

Providing false or misleading information in a CU application is grounds to deny or revoke the CU. The denial or revocation of a CU is appealable in accordance with the procedures for appeals of civil violation notices set forth in Chapter 8CC.

(i)

The denial or revocation will be upheld on appeal if the Hearing Officer finds that a preponderance of the evidence indicates that the CU application contained material information that was factually incorrect, false, or misleading.

(ii)

For purposes of this subsection, "material information" is information that is or would be important, significant, or essential to a reasonable person in deciding whether to issue the CU.

(iii)

It shall not be a defense that the inclusion of a factual mistake, a falsehood, or misleading information in the application was unintentional.

(e)

For a guesthouse, a one-time CU shall be obtained. For an ADU, the CU shall be renewed annually, and changes to the ADU, the occupants thereof, and the vehicles associated therewith shall be updated at least annually at the time of renewal. The applicant shall be responsible for ensuring that the information required by this section remains accurate at the time of renewal each year.

(f)

A property owner may, at any time, change the type of accessory unit. If the accessory unit is changed from an ADU to a guesthouse, then the property owner shall obtain a one-time CU for the guesthouse, which shall not require renewal unless the guesthouse is changed to an ADU. If the unit is changed from a guesthouse to an ADU, then the property owner shall obtain an annually-renewable CU for the ADU.

(g)

A CU shall not be issued or renewed if any outstanding fines or liens for violations of any provision of this code are associated with the subject property, including the principal dwelling.

(h)

Prior to the issuance or renewal of a CU, the accessory unit shall be subject to inspection to ensure compliance with all applicable code requirements.

(i)

At the time of inspection, the applicant shall provide all records and other documentation sufficient to demonstrate compliance with the requirements of this section.

(ii)

For renewals of CUs required by this section, physical inspection of the property shall be limited to exterior areas, and the property owner shall provide an attestation under penalty of perjury that the accessory unit remains in compliance with all requirements of this section, in addition to providing all other required documentation.

(iii)

Each required document that the applicant fails to provide shall constitute a separate violation of this section.

(7)

Presumption of Illegal Use.

(a)

A rebuttable presumption of an unlawful use in violation of this section shall be created where an accessory unit does not have a valid CU and one or more of the following conditions are observed:

(i)

An advertisement or sign that demonstrates that more than one dwelling unit is on the subject property;

(ii)

Two or more electrical, water, gas, or other types of utility meters or mailboxes exist on the subject property;

(iii)

More than one house address, unit number, or unit letter is associated with the subject property; or

(iv)

The number of vehicles parked overnight or registered to the subject property address is disproportionate in relation to the number of bedrooms or occupants of the principal dwelling.

(b)

The property owner may rebut the presumptions set forth in this subsection by complying with all of the following:

(i)

Submitting a notarized affidavit on a form acceptable to the Director attesting that the owner does not have an accessory unit on the premises; and

(ii)

Submitting copies of the vehicle registration from the applicable state motor vehicles agency and proof of insurance for all vehicles identified as being stored or parked on the subject property; and

(iii)

Providing the Department with access to the subject property for the purpose of verifying compliance with all of the provisions of this section. If the property owner fails to demonstrate compliance with this section, subject to confirmation by the Department, the presumption shall remain and enforcement shall continue.

(8)

Enforcement; penalties.

(a)

Any person operating an accessory unit without a CU or otherwise in violation of this section shall be subject to enforcement in accordance with Section 8CC-10, Section 1-5, or both and to all other enforcement measures authorized in this Code or by other applicable law.

(b)

A CU issued for an accessory unit pursuant to this section shall be revoked for any property that has three or more fully adjudicated violations committed within a consecutive 12-month period. Any such property shall not be eligible to obtain another CU pursuant to this section for a period of three years following the CU revocation; provided, however, that a property owner may apply to obtain a CU before such three-year period has elapsed if:

(i)

The violations resulting in the CU revocation occurred when the property was under prior ownership; and

(ii)

There is no relationship, business or familial, between the current property owner and the owner of the property at the time that the CU was revoked, including any commonality between officers or directors of a corporate entity or any affiliated entities having ownership interest in the property; and

(iii)

The property owner provides the Department with proof that the property changed ownership after revocation of the CU, and any other documentation requested to demonstrate compliance with this section.

(c)

Each vehicle parked or stored in violation of this section constitutes a separate offense, as does each day during any portion of which a violation occurs.

(d)

Notwithstanding any other provision of this code, civil violation notices may be issued to the real property owner where the violation occurs and to the owner of any vehicle stored in violation of this section.

(Ord. No. 22-146, § 3, 11-1-22)

Editor's note— Ord. No. 03-160, § 4, adopted July 8, 2003, repealed former § 33-22 in its entirety. Former § 33-22 pertained to garbage disposal and derived from Ord. No. 57-19, § 5(R), adopted Oct. 22, 1957.

(1)

No premises shall be used or occupied for the purposes of a cemetery, mausoleum or crematory, in any district established by this chapter, excepting in GU and AU Zoning Districts, and then only upon approval after public hearing.

(2)

Notwithstanding the foregoing, a crematory is permitted as an ancillary use to a funeral home licensed under chapter 497, Florida Statutes, in any Zoning District where such funeral home use is permitted, subject to the following conditions:

(i)

The funeral home at which the crematory is operated shall be located no closer than 250 feet from any existing residential uses, as measured in a straight line from the crematory stack or point of release of emissions to the nearest property line in such other Zoning District; and

(ii)

The crematory shall contain no more than one combustion unit or incinerator; and

(iii)

All loading and unloading areas relating to the portion of the funeral home containing the crematory shall be screened from view of both the public right-of-way and abutting properties with an architecturally finished, six-foot high masonry wall along the property line; and

(iv)

The equipment used in the cremation process must undergo yearly preventative maintenance inspections by the equipment manufacturer or a technician certified by the Crematory Association of North America or equivalent professional organization; and

(v)

The crematory must comply with all federal, state, and local environmental, permitting, and licensing requirements; and

(vi)

An annually-renewable certificate of use (CU) must be obtained.

(3)

No land for which a plat has not been recorded shall be used for any burials. The dead shall not be buried or placed closer than fifty (50) feet to any highway right-of-way which is seventy (70) feet or more in width nor closer than twenty-five (25) feet to any highway, the right-of-way width of which is less than seventy (70) feet nor closer than twenty-five (25) feet to any other property line.

(Ord. No. 57-19, § 5(S), 10-22-57; Ord. No. 22-155, § 1, 11-15-22)

(a)

Where real property is encumbered by one (1) or more easements for drainage purposes, canal maintenance, water, sewage and gas, telephone or power lines, fire lanes, or the like and the easement is of record, by deed, survey, plat, zoning map or otherwise, and is of notice to the Department, no permit shall be issued unless the applicant therefor secures from the easement owner a written statement that the proposed use, building or structures, if installed in the proposed manner, will not interfere with the owner's reasonable use of the easement.

(b)

The written statement required by Subsection (a) above shall be submitted to the Department as part of the application for the permit.

(Ord. No. 76-53, § 1, 6-15-76; Ord. No. 95-215, § 1, 12-5-95)

No houseboat which is not propelled by its own power shall be permitted to fasten to a dock, anchor to land or to remain in any of the waterways without a special conditional permit, application for which shall be made to the Director.

(Ord. No. 57-19, § 5(U), 10-22-57)

(A)

A home occupation shall be permitted as an ancillary use to all lawful residential uses subject to the following limitations:

1.

Size. No more than 25 percent of the living area of the dwelling unit and garages, not to exceed 500 square feet, may be devoted to a home occupation.

2.

Appearance. All onsite structures shall maintain a residential appearance and all occupational materials and activities shall occur indoors. There shall be no display, manufacturing, distribution, or repair of any type of materials, merchandise, or other products on the premises. Storage of occupational materials shall be confined to the home occupation area and shall not affect the residential appearance of the site.

3.

Employees and independent contractors onsite. Employees and independent contractors onsite who are associated with the home occupation shall be limited solely to occupants, except that a disabled individual may employ a personal care attendant as necessary to accommodate a home occupation on the site by such individual or such other reasonable accommodation necessary pursuant to federal law.

4.

Signage. No sign relating to the home occupation may be posted or displayed on the site.

5.

Visitors. The home occupation shall not be conducted in any way which would necessitate the presence of suppliers on the site, with the exception of deliveries customary to residential use.

6.

Parking. All vehicles associated with the home occupation shall only be parked within a driveway or in a designated parking area on the subject property; or, where there is no such driveway or designated parking area, such vehicles shall only be parked on the street or swale directly in front of the subject property. No more than two vehicles associated with the home occupation shall be parked on the subject property or on the street or swale directly in front of the subject property at any one time. In addition, no commercial vehicles shall be parked or stored on the subject property or on the street in connection with the home occupation.

7.

Sales. No products or goods may be sold on premises.

8.

Multiple home occupations. More than one home occupation may be permitted at any one time in a dwelling unit, provided that each such home occupation complies with each of the aforesaid requirements and further provided that the combined total square footage of all home occupation uses in the dwelling unit does not exceed the provisions of paragraph (1) above.

9.

Noise. A home occupation shall produce no sound or vibration detectable at a distance greater than 100 feet from the residential structure. In addition, outdoor amplified sound relating to the home occupation shall not be permitted at any time.

10.

Traffic. Vehicular traffic associated with the home occupation shall not exceed 45 percent above the average weekday trip generation for the residential use where the home occupation is located, per the Institute of Transportation Engineers (ITE) Trip Generation Manual.

11.

Tools and machinery. The home occupation use shall not involve the use of any machinery, tools, or equipment that in size, scale, or numbers is beyond that customarily found in a home of that size. In addition, there shall be no use of machinery, tools, or equipment that creates excessive noise or odors inconsistent with the residential character of the neighborhood.

12.

Certificate of Use. An annually renewable certificate of use and occupancy shall be obtained for any home occupation.

13.

Inspection. Upon the issuance or renewal of a Certificate of Use, the home occupation property shall be subject to inspection to ensure compliance with all applicable code requirements. At the time of application for the Certificate of Use, the occupant of the home shall provide a site plan that clearly delineates the location, configuration, and scale of the home occupation. If the location, configuration, or scale of the home occupation should change, a new site plan shall be submitted at the time the Certificate of Use is renewed.

(B)

No variances shall be granted through provisions of other applicable regulations which will in any way conflict with or vary the provisions of this section.

(Ord. No. 97-208, § 2, 11-18-97; Ord. No. 06-96, § 3, 6-20-06; Ord. No. 18-93, § 2, 9-5-18)

Editor's note— Ord. No. 18-93, § 2, adopted Sept. 5, 2018, amended the title of § 33-25.1 to read as herein set out. The former § 33-25.1 title pertained to home office.

Private or public institutions or homes, including hospitals, for the care and treatment of persons who are mentally ill, must be placed at least three hundred (300) feet from any adjoining property line and not closer than one hundred (100) feet from any official right-of-way line, and are prohibited in all districts unless approved as the result of a public hearing; provided, however, that in districts in which group homes and community residential homes are a permitted use, these setback requirements shall not apply to such homes.

(Ord. No. 57-19, § 5(V), 10-22-57; Ord. No. 81-26, § 2, 3-17-81; Ord. No. 91-51, § 6, 5-7-91)

All airports and landing fields shall require approval as a result of a public hearing.

Before any application for permit to build, construct, or operate any airport or landing field in the County shall be granted, the Director, before issuing such permit, shall be satisfied that all federal and State requirements for the construction and operation of such airport or landing field have been met and shall give written notice to the Director of the Port Authority of the filing of such application and secure his approval before issuing the permit.

(Ord. No. 57-19, § 5(Y), 10-22-57)

(A)

Applicability and purpose.

(1)

This section shall apply in the unincorporated areas of Miami-Dade County.

(2)

The purpose of this section is to provide additional regulations pertaining to vacation rentals to preserve the quiet nature and atmosphere of residential areas and to ensure to the County's residents the tranquility and peaceful enjoyment of their neighborhoods. These regulations shall be in addition to, and shall not supplant, other provisions in this code and the CDMP that may apply to vacation rentals; and in the event of a conflict, the more restrictive provision shall control. Nothing in this section shall be deemed to create an enforceable right or private right of action against the County.

(B)

Definitions. For purposes of this section, the following definitions shall apply:

(1)

Peer-to-peer or platform entity shall mean any person, service, business, company, marketplace, or other entity that, for a fee or other consideration, provides property owners and responsible parties a platform or means to offer vacation rentals to transient occupants, whether through the internet or other means.

(2)

Property owner shall mean the person who, or entity that, owns the property being used or occupied as a vacation rental.

(3)

Responsible party shall mean the person or entity authorized by the property owner to obtain a Certificate of Use for a vacation rental, and who will be:

(a)

Responsible for ensuring compliance with all regulations related to vacation rentals; and

(b)

Available to respond 24 hours per day, 7 days per week to any issue that arises relating to the vacation rental.

The property owner may serve as responsible party.

(4)

Transient occupant shall mean any person who rents or occupies any dwelling unit or residence or part thereof for less than 30 days or one calendar month, whichever is less, and any guest or invitee of such person.

(5)

Vacation rental shall mean any dwelling unit or residence, including, but not limited to, any unit or group of units in a condominium, cooperative, or apartment building, that is rented in whole or in part to a transient occupant for a period of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place that may be rented to a transient occupant, but shall not include a hotel, motel, or bed and breakfast as defined in this code and referenced in the CDMP. For purposes of this section, the term vacation rental is synonymous with the term short-term residential rental.

(C)

Certificate of Use Required. No property owner or responsible party shall offer as a vacation rental, or allow any person to rent or occupy as a vacation rental, any property in whole or in part within the unincorporated area of Miami-Dade County, unless a Certificate of Use has first been obtained in accordance with the provisions of this section. A property may be offered as a vacation rental immediately upon submission of an application for Certificate of Use, unless and until such time as the application is thereafter rejected or revoked for failure to pass inspection. A peer-to-peer or platform entity shall be subject to the duties and requirements set forth in paragraph (1) of subsection (D) below.

(1)

Application. A complete Certificate of Use application shall be submitted to the Department online or in hard copy. A peer-to-peer or platform entity may enter into an agreement with the County whereby the peer-to-peer or platform entity agrees to submit applications on behalf of responsible parties. The application must be signed under oath or affirmation, and shall include the following:

(a)

The address and legal description of the vacation rental property;

(b)

Name, address, and phone number of the property owner;

(c)

Name, address, and phone number of the responsible party;

(d)

Name and contact information for the peer-to-peer or platform entity or entities on which the vacation rental is, or will be, listed for rent;

(e)

Statement that the responsible party is, or will be, remitting all applicable local Miami-Dade County business and tourist taxes; or that a peer-to-peer or platform entity through which vacation rentals are booked will be remitting all such taxes associated with the vacation rental on the responsible party's behalf;

(f)

Statement that the responsible party has the permission of the property owner and authority to offer the property as a vacation rental and act as the responsible party;

(g)

Statement as to whether the entire property, or just a part thereof (i.e., a room or rooms), will be used as a vacation rental; and

(h)

Statement that insurance coverage will be in effect at all times while the property is being used as a vacation rental to cover liability for injury or harm to transient occupants or other invitees, and acknowledging that a standard homeowner's or renter's insurance policy may not necessarily provide such liability coverage while the property is used as a vacation rental;

(i)

Statement acknowledging that the responsible party has received information explaining that using the property as a vacation rental could result in loss of the Homestead Exemption, and has provided such information to the property owner;

(j)

Statement indicating how many times, and for how many days in all, the property was used as a vacation rental within the previous calendar year;

(k)

Statement acknowledging that the vacation rental must be registered with the Florida Department of Revenue, or successor agency, for purposes of collecting and remitting applicable state taxes and all such state taxes have been, or will be, paid;

(l)

Statement acknowledging that a vacation rental license, issued by the Florida Department of Business and Professional Regulation, or successor agency, must be obtained; and

(m)

Statement acknowledging that the property is, and will be at all times during which it is used as a vacation rental, maintained in compliance with the vacation rental standards set forth in subsection (D) below.

(2)

Supporting documentation. The responsible party shall maintain all required licenses, records, and other documentation sufficient to demonstrate that the statements and information required by subsection (1) above are true and accurate. All such licenses, records, and other documentation shall be provided upon request, and failure to do so may result in the denial, suspension, or revocation of the Certificate of Use.

(3)

Providing false information. Providing false or misleading information in an application for a Certificate of Use is grounds to deny or revoke the Certificate of Use. A determination that false or misleading information was provided in an application is appealable to a hearing examiner in accordance with the procedures set forth in chapter 8CC or section 1-5, or both.

(4)

Annual renewal. The Certificate of Use shall be renewed annually. A Certificate of Use may not be renewed if there are any outstanding fines or liens for violations of this code.

(5)

Inspection. Upon the issuance or renewal of a Certificate of Use, the vacation rental property shall be subject to inspection to ensure compliance with all applicable code requirements. At the time of such inspection, the responsible party shall provide all licenses, records, and other documentation sufficient to demonstrate compliance with all requirements of this section.

(6)

Enforcement history.

(a)

When reviewing an application to obtain or renew a Certificate of Use, the Department shall consider the violation history of the property identified in the application. If the violation history shows three or more violations of this section within the preceding 12 months, the Department shall not issue or renew the Certificate of Use unless:

(i)

All outstanding violations or liens are first satisfied and corrected; and

(ii)

A bond in the amount of $10,000.00 is provided to the Department, in the form approved by the Director. The bond shall be subject to forfeiture for future violations, as set forth in this section.

(b)

When the violation history shows three or more violations of this section within the preceding 12 months, the Department shall notify the peer-to-peer or platform entity, if known, of the property at which the violations have occurred, and the dates of the violations.

(c)

When calculating whether a vacation rental property has three or more violations within the preceding 12 months, if one or more unresolved citations that will affect the decision to issue or renew the Certificate of Use are pending, the Director may issue or renew a Certificate of Use on a provisional basis and for a limited time, which may be extended by the Director for good cause shown.

(D)

Vacation Rental Standards. The following vacation rental standards shall govern vacation rentals in unincorporated Miami-Dade County:

(1)

Duties of peer-to-peer or platform entity. For each vacation rental listed or offered, a peer-to-peer or platform entity shall:

(a)

Provide notice of the requirements of this section to any person or entity listing or offering a vacation rental on its service or platform by including a summary of such requirements, in a format acceptable to the Department, on its service or platform;

(b)

Only provide payment processing services, or otherwise facilitate payment for a vacation rental that has a valid Certificate of Use in accordance with this section. A peer-to-peer or platform entity shall not be held liable pursuant to this subsection where it:

(i)

As part of its vacation rental listing registration process, informs the responsible party that a Certificate of Use must be obtained before offering a vacation rental in the County; includes a link to the County webpage where a Certificate of Use may be applied for and obtained; requires the responsible party to confirm that such party has been advised of the County's regulations, including the Certificate of Use requirement; and provides a dedicated field to enable the responsible party to input the Certificate of Use number before such party completes registration and lists a vacation rental on the service or platform;

(ii)

Provides the Department, on a monthly basis, a report disclosing for each vacation rental listing the information entered by the responsible party in the Certificate of Use dedicated field, or whether the responsible party left that field blank; the total number of vacation rental listings on the service or platform during the prior month; and the total number of nights that vacation rentals listed on the service or platform were rented during the prior month; and

(iii)

Enters into an agreement with the Department that provides a means for:

(1)

Addressing listings for properties that are offered, rented, or occupied as vacation rentals without a valid, unexpired Certificate of Use to ensure that any such listings do not operate as vacation rentals unless and until a Certificate of Use is obtained, and listings for properties with three or more fully adjudicated violations committed within a consecutive 12-month period to ensure that any such listings do not operate as vacation rentals unless and until the requirements of paragraph (6) of subsection (C) and paragraph (2) of subsection (E) have been complied with; and

(2)

Facilitating responsible party compliance with the Certificate of Use requirement pursuant to paragraph (1)(b)(i) of subsection (D) above.

(c)

Include language in rental documents, such as part of generally applicable terms of service that are affirmatively agreed to by the responsible party, to discourage the secondary subletting of vacation rentals;

(d)

Comply with administrative subpoenas or other appropriate legal process from the County seeking information relating to persons or entities listing or offering vacation rentals on its service or platform;

(e)

Maintain records demonstrating that the requirements of this subsection have been satisfied, and such records shall be subject to inspection by the Department upon request pursuant to the issuance of an administrative subpoena or other appropriate legal process, provided, however, that certain confidential information, such as social security numbers, credit card information, and names of minors, shall not be subject to inspection upon request of the County; and

(f)

Make available to the County for inspection upon request pursuant to the issuance of an administrative subpoena or other appropriate legal process all records relating to any suspected violations of state or local law associated with any vacation rental property in unincorporated Miami-Dade County, provided, however, that certain confidential information, such as social security numbers, credit card information, and names of minors, shall not be subject to inspection upon request of the County;

(2)

Duties of responsible party. For each vacation rental, the responsible party shall:

(a)

Provide written notice to transient occupants, prior to occupancy of the vacation rental, of the vacation rental standards set forth herein and other applicable laws, ordinances, or regulations concerning noise, public nuisance, vehicle parking, solid waste collection, and common area usage. This information shall also be made available to each transient occupant inside the subject property;

(b)

Provide notice to prospective transient occupants at the time the subject property is listed as a vacation rental of any limitations on the property pertaining to access for the disabled;

(c)

Provide notice to the homeowner's association or condominium/cooperative association or board, if any, that the subject property will be used as a vacation rental and adhere to all policies, rules, and regulations of such association or board pertaining to vacation rentals;

(d)

Ensure compliance with all provisions of this section, including the vacation rental standards set forth herein, and promptly address and report any violations of this section or of such other law or regulation of which the responsible party knows or should know to the Department or law enforcement, as appropriate, as well as to the peer-to-peer or platform entity;

(e)

Ensure that any violations regarding the rental of the property are able to be promptly addressed and resolved 24 hours a day/7 days per week; and

(f)

Maintain a register with names and dates of stay of all guests, including but not limited to all transient occupants and their invitees, which shall be open to inspection by the County.

(3)

Maximum occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two persons per bedroom, plus two additional persons per property, up to a maximum of 12 persons, excluding children under three years of age. At all other times, maximum occupancy for vacation rentals shall not exceed the maximum overnight occupancy of the vacation rental plus four additional persons per property, up to a maximum of 16 persons, excluding children under three years of age. For purposes of this subsection, "overnight" shall mean from 10:00 p.m. until 7:00 a.m. the following day. Notwithstanding the foregoing, at no time may the occupancy of a vacation rental exceed the maximum occupant load for the property under the Florida Building Code.

(4)

Responsible party residency. In any area designated on the CDMP as Estate or Low Density residential, the property on which a vacation rental is operated shall be a residence in which the responsible party resides for more than six months per calendar year. Nothing in this subsection shall preclude the rental of the property at the same time that the responsible party is residing there. The requirement of responsible party residency set forth in this subsection shall not apply to a vacation rental located in any area designated Low-Medium, Medium, Medium-High, or High Density residential on the CDMP.

(5)

Solid waste handling and containment. Solid waste containers sufficient to handle the maximum occupancy permitted shall be maintained in accordance with chapter 15. All regulations regarding screening and storage of solid waste containers shall apply to vacation rentals. For purposes of this section, and as required in section 15-5, all solid waste containers shall be placed at curbside or other designated collection area only on scheduled collection days, no later than 7:00 a.m., and shall be removed therefrom that same day once collection has occurred.

(6)

Advertising and signs. Signs shall only be allowed to the extent permitted by the regulations in the code applicable to the relevant zoning district. Any advertisements or signs pertaining to vacation rentals that are inconsistent with the requirements, restrictions, and regulations of the Certificate of Use or these vacation rental standards shall be deemed prima facie evidence in any enforcement action that a vacation rental is being operated in violation of this section.

(7)

Sexual offenders and sexual predators.

(a)

If the vacation rental property is within 2,500 feet of a school, pursuant to section 21-283 it shall be a violation to allow any person to occupy the property with knowledge that such person is a registered sexual offender or registered sexual predator in any jurisdiction. The responsible party shall be required to obtain confirmation of a nationwide search from the Miami-Dade County Police Department or other law enforcement agency that the prospective transient occupant or occupants is not a registered sexual offender or sexual predator as a result of a conviction of a sexual offense, as defined in section 21-280. The responsible party may call the Miami-Dade County Answer Center (311) to obtain assistance or referrals to determine whether a prospective transient occupant is a sexual offender or predator and to determine whether a residence is 2,500 feet from a particular school.

(b)

If the vacation rental property is within 2,500 feet of a school, pursuant to section 21-281 it shall be a violation of this section for a sexual offender or sexual predator to occupy the property for a period of four or more days in any month.

(8)

Posting of Certificate of Use. Whenever a property is being used as a vacation rental, the Certificate of Use required by this section shall be available in a conspicuous location that is clearly visible to guests within the vacation rental and shall include, at a minimum, the name, address, and phone number of the responsible party and the maximum occupancy of the vacation rental.

(9)

Parking and vehicles. All parking must comply with article VII of this chapter, and all other applicable sections of this code. In addition, all vehicles associated with the vacation rental, whether in the possession or control of the property owner, responsible party, or transient occupant, shall only be parked within a driveway or in a designated parking area on the subject property; or, where there is no such driveway or designated parking area, vehicles shall only be parked on the street or swale directly in front of the subject property. Transient occupants shall not be permitted to park more than two vehicles at any one time on the subject property or on the street or swale during the rental period.

(10)

Noise. All transient occupants shall abide by section 21-28 of this code, which prohibits unreasonably loud, excessive, unnecessary, or unusual noise. In addition, outdoor amplified sound at a vacation rental shall not be permitted at any time.

(11)

Public nuisance. The responsible party and all transient occupants shall abide by all applicable state and local public nuisance laws and ordinances, including, but not limited to, sections 823.05 and 823.10 of the Florida Statutes and article XIIIA of this code, which prohibits any place or premises from being used as the site for the unlawful sale or delivery of controlled substances, prostitution, youth and street gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior that adversely affects the public health, safety, morals, and welfare.

(12)

Pets. If the responsible party permits transient occupants to have pets at the vacation rental, such pets shall be at all times secured within the property lines or on a leash, but shall not be tethered. Continual nuisance barking by pets is prohibited. The keeping of pets shall be subject to the regulations of this chapter and chapter 5 of this code regarding animals.

(13)

Swimming pool safety features. If there is a swimming pool onsite, the responsible party shall ensure that the swimming pool has in place at least one of the pool safety features listed in Section 515.27, Florida Statutes, (i.e., pool safety barrier, pool safety cover, pool alarm, or door latch/alarm) prior to use of the property as a vacation rental by any person under the age of six. The responsible party shall be deemed to have complied with this provision if the pool safety feature is put in place at the time that the property is turned over to any transient occupant occupying the vacation rental. This provision shall not apply to a vacation rental with a community swimming pool onsite, such as in a condominium, as determined by the Director. Compliance with this provision shall be in addition to compliance with section 33-12 of this code pertaining to swimming pool fences.

(14)

Accessory units. Where a property has an accessory unit, as defined in Section 33-1, the entire property comprised of the principal dwelling and the accessory unit may be used as a single vacation rental, but neither the principal dwelling nor the accessory unit may be used as a vacation rental separate from the other.

(15)

Compliance with applicable laws. In addition to the foregoing, the responsible party and all transient occupants shall comply with all other applicable local, state, and federal laws, regulations, rules, and standards, including, but not limited to, those pertaining to anti-discrimination, disability, and fair housing to the extent applicable.

(E)

Enforcement. The requirements of this section may be enforced in accordance with the following:

(1)

Penalties. Any person operating a vacation rental without a Certificate of Use or in violation of the vacation rental standards or any other provisions in this section shall be subject to the penalties set forth in section 8CC-10 and section 1-5, or both, of this code and to all other enforcement measures authorized in this code or by other applicable law.

(2)

Forfeiture of bond.

(a)

Where a bond is required to obtain or renew a Certificate of Use, if the vacation rental property is cited for a violation of this section within 12 months of providing the bond, and that citation is later resolved adversely to the owner or responsible party, then the bond shall be deemed forfeited, and the Certificate of Use for that vacation rental shall be revoked and may not be reissued for 12 months.

(b)

If there are no violations for 12 months after providing the security, the Department shall release the bond upon written request from the responsible party. Until the responsible party obtains release, the bond shall continue to be subject to forfeiture for future violations.

(3)

Joint and several liability. The property owner of the vacation rental property shall be liable for any violations of this section, any rule or regulation promulgated under this section, or any order of the Director made under this section. In addition, whenever two or more persons commit such a violation, each violator shall be jointly and severally liable for any fines or other damages assessed. This applies to situations where a property owner, responsible party, peer-to-peer or platform entity, or transient occupant, or any combination thereof, are together responsible for a violation of this section. It is provided, however, that where a peer-to-peer or platform entity does not itself commit a violation of this section, it shall not be held jointly and severally liable, nor shall it be held vicariously liable for any violations committed solely by the responsible party or transient occupants. In addition, where a peer-to-peer or platform entity complies with subsection (D)(1)(b)(i), (ii), and (iii), it shall not be held jointly and severally liable for providing a listing for, or collecting a fee for listing, any vacation rental.

(4)

Affordable Housing Trust Fund. Five percent of all monies collected as penalties or fines based on violations of this section shall be deposited into the Affordable Housing Trust Fund of Miami-Dade County, established in chapter 17, article VIII of this code.

(Ord. No. 17-78, § 2, 10-17-17; Ord. No. 20-8, § 1, 1-22-20; Ord. No. 22-146, § 4, 11-1-22)

Editor's note— Ord. No. 03-160, § 6, adopted July 8, 2003, repealed section 33-29 in its entirety. Former section 33-29 pertained to construction materials on premises before permit issued; removal of materials, and derived from Ord. No. 57-19, § 5(Z), adopted Oct. 22, 1957.

(a)

Residential and agricultural districts. In all residential, agricultural and GU Interim Districts, temporary permits may be issued for the installation of public telephone booths for a one-year period of time subject to an extension of time for justifiable reason. Such permits shall be subject to cancellation when, in the opinion of the Director, sufficient telephone service has been brought into the area, or when the use creates a traffic hazard or a nuisance.

Certificates of use and occupancy must be secured for each public telephone booth erected. The application for said certificate must be accompanied by a location sketch, and with written approval of property owners in the form of a waiver of objection from the abutting property owners within one hundred fifty (150) feet on each side of the location site, and from the corresponding, abutting property owner on the opposite side of the street from the site location in question. A fee, as provided by Administrative Order No. 4-40, as amended from time to time, shall be paid for each certificate issued.

Location of the booth must be approved by the Director, and if a right-of-way is concerned, must be approved by the Director of Public Works.

Each booth shall be properly fastened to the ground so that it shall not become a wind hazard.

All booths shall be properly maintained and painted so that they shall not become unsightly or an eyesore.

The conventional type of strip telephone signs will be permitted providing they are placed on the booth in the usual and conventional manner. Signs shall not be erected independent of the booth structure.

(b)

Business and industrial districts. In all commercial and industrial districts, the booths shall be permitted on a permanent basis so long as they do not constitute a traffic hazard or a nuisance.

Certificates of use and occupancy must be secured for each booth erected; the application for said certificate must be accompanied by a local sketch. A fee, as provided by Administrative Order No. 4-40, as amended from time to time, shall be paid for each certificate issued.

The booth must be erected on private property, conform to regular setback requirements and the location must be approved by the Director.

Construction and maintenance requirements shall be the same as for the residential areas.

In addition to the usual booth signs, the standard public telephone plaque signs shall be permitted. The location of signs shall meet the approval of the Director.

(Ord. No. 57-19, § 5(AA), 10-22-57; Ord. No. 78-52, § 2, 7-18-78)

(1)

In order to assure that proposed developments are developed in substantial compliance with proffered plans, or in compliance with plans approved by public hearing, the Director may, when he deems it necessary in order to preserve the integrity of a development, require a property owner to file a unity of title, or other similar agreement or covenant, on a form approved for legal sufficiency by the County Attorney.

(2)

(a)
Maintenance of common areas and facilities.

1.

A homeowners' association, or similar association, shall be created for the entire development (total property) as a master association which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas so long as said associations, or the members thereof, are made members of the master association, or,

2.

The property owner shall execute and record among the public records a covenant running with the land for the entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas.

(b)

Each phase of development, when standing independently or in conjunction with existing developed contiguous phases, shall meet all zoning requirements. This subsection shall not be subject to a request for a variance.

(c)

Recordable documents establishing reciprocal rights or cross-easements for satisfaction of zoning requirements (including water and sewer lines, common parking areas, streets, driveways, entrances and exits, etc.).

(3)

The recordation of separate mortgages on each phase subsequent to the recordation of a unity of title or other similar agreement or covenant shall not be deemed as a breach of the agreement, nor shall sales of individual units in the development.

(4)

The provisions of this section shall not render structures approved pursuant to these provisions as nonconforming in nature. Subsequent changes more restrictive in nature in the Code relating to the underlying zoning on the property shall render the uses nonconforming in nature.

(Ord. No. 81-63, § 1, 6-2-81)

The limitations and restrictions on the use of metal covering for buildings and additions are as follows:

(a)

That such metal buildings, their components and their use shall conform in every respect with all applicable provisions of the South Florida Building Code.

(b)

That metal sandwich-type panel units, which are approved as conforming to the standards of the South Florida Building Code shall be permitted for construction of all buildings in all zoning districts; provided, the exterior metal walls shall have a noncorrosive surface with a secondary finish, shop or field applied, or integral finish which will not reflect more than sixty (60) percent of the incident light.

(c)

That approved architecturally shaped metal structural sheets may be used for exterior wall and roof covering of buildings in BU and IU Districts and for nonresidential use buildings in the AU District and for nonresidential accessory use buildings in the RU and EU Districts, provided the same, and the use thereof are approved as conforming with all requirements of the South Florida Building Code and the proviso portion of Subsection (b) above.

(d)

Nonstructural aluminum exterior wall lap siding with baked enamel or other approved finish, which is approved as complying with standards of the South Florida Building Code, shall be permitted as veneer siding in all zoning districts.

(e)

This section is not intended to amend, repeal, modify or supersede Article V, Chapter 33 or Section 33-246(23) of this Code or to prevent the use of metal shingles as roofing, if such shingles are approved as complying with the standards of the South Florida Building Code. It is intended, however, that the provisions of this section shall supersede all reference in Chapter 33 of the Code of Miami-Dade County to requirements for masonry construction, and that type of construction shall be governed by the provisions of this section and the South Florida Building Code.

(Ord. No. 57-19, § 28, 10-22-57; Ord. No. 61-14, § 1, 4-11-61; Ord. No. 65-22, § 2, 4-6-65)

Whenever a public hearing is required by this chapter before a particular variance or use may be made, expanded or continued in or on any land, body of water or structure, appropriate application shall be made therefor and hearing thereon held in accordance with the applicable law and if it is determined that the variance should be granted under law applicable thereto or the use would not be detrimental to, incompatible or in conflict with the general plan or development of the area concerned the application may be granted subject to all reasonable restrictions and conditions deemed necessary to be imposed, including provisions for revocation thereof.

(Ord. No. 57-19, § 37, 10-22-57; Ord. No. 59-9, § 2, 4-28-59)

Editor's note— Ord. No. 14-43, § 1, adopted May 6, 2014, repealed § 33-34, which pertained to existing uses. See Code Comparative Table for complete derivation.

(A)

Purpose/Applicability

(1)

Nothing contained in this Chapter shall be deemed or construed to prohibit the continuation of a legally established nonconforming use, structure or occupancy, as those terms are defined herein. The intent of this Section is to encourage nonconformities to ultimately be brought into compliance with current regulations.

(2)

The terms "nonconformity" and "nonconforming" shall refer to a use, building, or lot that does not comply with the regulations of the applicable zoning district. Only legally established nonconformities shall have rights under this Section.

(3)

For the purpose of this Section, the term "expansion" shall mean an improvement, addition, enlargement, extension, or modification to a structure that increases the square footage of the structure.

(4)

For the purposes of this section, "legally established" shall apply to the following circumstances:

(a)

A lot that does not meet the lot frontage, lot width, lot depth, and/or lot area requirements of the applicable zoning district, provided that such lot met the regulations in effect at the time of platting, was caused by a conveyance or device of record prior to August 2, 1938, or at the time the lot was otherwise lawfully created.

(b)

A site or improvement that is rendered nonconforming through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

(c)

An existing use which conformed to the code at the time it was established.

(d)

A building and/or site improvement that was permitted in accordance with regulations in effect at the time of permitting or that was approved pursuant to a public hearing.

(e)

A building and/or site improvement that had received final site plan approval through a public hearing pursuant to this chapter or though administrative approval or had a valid building permit or is otherwise determined by the Director to have been legally authorized.

(f)

A vested right has been established pursuant to Sections 2-114.1 to 2-114.4 of this Code.

(g)

A legal residential use (including but not limited to a mobile home or manufactured home) that: existed on August 23, 1992; and was allowed to be rebuilt either in compliance with all plans approved and of record as of August 23, 1992, or in accordance with any use and number of units permitted by a certificate of occupancy then in existence; and for which an application for a building permit had been submitted prior to August 30, 1993.

(5)

This Section shall not apply to nonconforming lots, structures or uses located within an Urban Center District or Urban Area District. These areas shall be governed by Article XXXIII(K) (Standard Urban Center District Regulations).

(B)

Nonconforming Lots, Uses and Structures

(1)

Nonconforming Lots

(a)

Development on a legally established, nonconforming lot that does not meet the lot frontage and/or lot area requirements of the applicable zoning district shall be permitted, provided that the development meets all other requirements of the applicable zoning district. Two or more legally established nonconforming lots may be combined, subject to the same provisions herein.

(b)

Expansions of structures on legally established, nonconforming lots shall be permitted in accordance with this section.

(c)

Variances from other applicable zoning requirements shall be approved only through: a public hearing, pursuant to Section 33-311 of this Code; or through administrative procedures authorized by this chapter.

(2)

Nonconforming Uses

(a)

A legally established nonconforming use may continue.

(b)

If a nonconforming use is discontinued for a period of more than one year, the use may not be reestablished. A use shall be considered discontinued once the activities and commerce, essential to the continuation of the use are abandoned, unless the property owner is able to demonstrate that there was no intent to abandon the use. Discontinuance due to acts of force majeure shall not constitute abandonment provided a good faith effort is made to reestablish the use.

(c)

No such nonconforming use shall be enlarged or increased to occupy a greater area of land or structure, except that expansions of nonconforming single-family and two-family residences shall be permitted.

(d)

Existing Uses. Notwithstanding any other provision of this chapter to the contrary, an existing use that conflicts with any requirement of this chapter may be enlarged or increased to occupy a greater area of land or structure, only if approved after public hearing. For purposes of this section, an "existing use" is the use of any land, building, structure, improvement, or premises that legally existed on or before October 22, 1957.

(3)

Nonconforming Structures

(a)

To prevent changes in regulation from unduly burdening property owners, legally-established, nonconforming structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to nonconforming structures shall be permitted only in accordance with the following provisions:

(i)

Internal and external repairs, alterations, and improvements that do not increase the square footage of the nonconforming structure shall be permitted.

(ii)

Expansions to a nonconforming structure shall be permitted as follows:

(a)

If the total square footage of the proposed improvement is less than fifty (50) percent of the structure's net square footage at the time it became nonconforming, the improvement shall comply with current regulations.

(b)

If the total square footage of the proposed improvement is equal to or exceeds fifty (50) percent of the structure's net square footage at the time it became nonconforming, the entire structure and site improvements shall be brought into compliance with current regulations.

(c)

Once the cumulative total of additional square footage of improvements equals to fifty (50) percent of the structure's net square footage at the time it became nonconforming, no additional expansions shall be permitted and the entire structure and site improvements shall be brought into compliance with current regulations.

(d)

For the purposes of this Section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications.

(b)

If a nonconforming structure is damaged by fire, flood, explosion, wind, war, riot or any other act of force majeure, repairs shall be subject to the following provisions:

(i)

If the repair/replacement cost is less than fifty (50) percent of the value of the structure based upon the average of two (2) independent appraisals, the structure may be reconstructed up to the same building height and within the same building footprint existing prior to the damage, provided that an application for final building permit has been submitted within twelve (12) months of the date of such damage unless extended by the Board of County Commissioners.

(ii)

If the repair/replacement cost is equal to or exceeds fifty (50) percent of the building's value based upon the average of two (2) independent appraisals, the building and site improvements shall be brought into compliance with current regulations.

(iii)

Routine internal and external maintenance, repairs and material replacement such as re-roofing, painting, window or door replacement, mechanical equipment repair and replacement, plumbing and electrical maintenance, and similar repair, maintenance, and replacements shall be permitted.

(c)

If a nonconforming building is deemed to be unsafe, pursuant to Chapter 8 of this Code, and demolition is required, the building shall be rebuilt in accordance with current regulations.

(d)

In addition to the requirements of this Section, all repairs, improvements, and expansions to a nonconforming building shall comply with the Florida Building Code.

(Ord. No. 14-43, § 2, 5-6-14; Ord. No. 19-51, § 2, 6-4-19)

Editor's note— Ord. No. 14-43, § 2, adopted May 6, 2014, repealed the former § 33-35, and enacted a new § 33-35 as set out herein. The former § 33-35 pertained to similar subject matter. See Code Comparative Table for complete derivation.

Editor's note— Ord. No. 14-43, § 3, adopted May 6, 2014, repealed § 33-35.1, which pertained to hurricane relief regarding existing and nonconforming residential uses. See Code Comparative Table for complete derivation.

The Director, as herein provided, shall have the power to grant variances in the application of any provision of this chapter, where no adjoining property rights are interfered with, under the conditions stated in this section, and to issue conditional permits therefor for the following purposes. Each conditional permit shall state a time limit for the fulfillment of the condition governing its issue and shall be revokable where said conditions are not met, and a reasonable bond may be required to assure fulfillment of such conditions.

(a)

Pending zoning changes. Use of a lot or lots in any subdivision pending the amendment of district boundaries within said subdivision in accordance with recommendations of the Director, provided a map of such subdivision has been approved by the Director subsequent to the passage of this Code and is duly recorded in the Office of the Clerk of the Circuit Court of Miami-Dade County.

(b)

In GU, Interim District. Use of land in undeveloped sections of the GU Interim District, before placing structures thereon or making other new uses therefor, provided:

(1)

Such uses are consistent with and not in contravention with the requirements of this chapter and the present and probable future uses of the neighborhood, and

(2)

That where the area of land involved is less than five (5) acres the area and shape of said land shall be such as would be acceptable for platting, and

(3)

Application is made at the same time, in a form acceptable to the Director, to establish boundaries for a suitable district to cover the area where a new use or change of use is intended, and

(4)

A plat shall be submitted and tentative approval of the Director obtained thereon for any use involving three (3) or more buildings to be used for residential or commercial purposes other than farming, and

(5)

That for land to be used for a structure or use connected with farming, the area, setback and other requirements of this chapter shall be complied with, and a plat will not be required.

(c)

Temporary field offices. Use of a lot or lots for temporary field sales or construction office during specified periods of time, provided map of said subdivision has been approved by the Director. Plans for any such temporary building or buildings shall also require approval of the Director.

(d)

Property split by district boundary. Extension of a district when its boundary splits a privately owned lot.

(e)

Pending survey to verify distances. Issuance of a permit conditional upon the owner's submitting a certified survey to verify distances shown on the plans filed with the application.

(f)

Special uses. Other special types of special usage, such as temporary stands, landing fields, public buildings or structures for temporary use, temporary refuse dumps, etc. For other special or unusual uses permitted herein, where any question exists regarding the possibility of said special or unusual use conflicting with or encroaching upon other legally existing uses in any district.

(Ord. No. 57-19, § 38, 10-22-57; Ord. No. 19-51, § 2, 6-4-19)

(a)

Purpose. The purpose of this section is to provide a procedure for certain residential property owners to obtain minor administrative adjustments to the setback, lot coverage and building spacing requirements specified in the underlying zoning district regulations, as well as administrative adjustments to certain setback requirements for community composting operations in the AU district, provided that the specified standards of this section are met. These standards provide for substantially the same patterns of site development as the underlying district regulations.

(b)

Applicability. Notwithstanding any other provisions of this chapter to the contrary, the Director shall, by administrative decision, approve applications for limited adjustments from setback, lot coverage and building spacing requirements for single-family residence, duplex, townhouse and accessory residential uses located in RU and EU districts, and for single-family residential and accessory residential uses in the AU or GU districts, and from certain setback requirements for community composting operations in the AU district.

(c)

Limitations and exclusions. Applications for administrative adjustment shall be subject to the following limitations and exclusions:

(1)

Setbacks and lot coverages. Administrative adjustment approvals shall be limited to those lots within an area where at least 75 percent of the lots in the immediate vicinity, as defined in Section 33-1, have already been developed or platted, except that this 75 percent limitation shall not apply to administrative adjustments from setback requirements for community composting operations in the AU district. The maximum allowed administrative adjustments for setbacks and lot coverage shall be as follows:

(2)

Accessory buildings. Unless specifically permitted by the underlying zoning regulations, no accessory building shall be placed in front of the front building line of the principal building.

(3)

Canopy carports. Under this section, no application shall be made for nor shall approval be granted for an adjustment to canopy carport regulations.

(4)

Walls, fences, and hedges. In all districts, the maximum height of walls, fences, and hedges located behind the build-to-line may be adjusted up to two feet, provided that an affidavit is submitted indicating consent from the owner of the property that directly abuts the property boundary where the fence is to be located.

(d)

Application.

(1)

Filing. An application for administration adjustment shall be made by one of the following:

(a)

The owner of the property on a form prescribed by the Department. For the purposes of this section the term "owner" shall mean the person who owns and resides at, or owns and intends to reside at, the subject premises; or

(b)

Qualified developers participating in "The Infill Housing Initiative" pursuant to Article VII, Chapter 17 of this Code. A declaration of restrictive covenants in recordable form and approved by the Director shall be submitted by such qualified developer, together with the application for administrative adjustment. Such declaration of restrictive covenants shall certify that the subject property shall be sold in accordance with "The Infill Housing Initiative;" or

(c)

A lessee or developer may submit an application for an administrative adjustment subject to the sworn consent of the property owner.

For community composting operations, the application for administrative adjustment shall be made by the owner of the subject property, as indicated on records from the Miami-Dade County Property Appraiser or through an opinion of title in a form acceptable to the Director.

(2)

The application shall include:

(a)

a certified land survey, performed in accordance with Florida Administrative Code, dated within one year proceeding the filing date of the administrative adjustment application, providing such survey reflects all current conditions of the subject property;

(b)

accurately dimensioned plans showing the location of the proposed construction, and as applicable, the proposed composting operations, in relation to the existing structure(s) and the general location and use of existing structures on property adjacent to the subject property;

(c)

additional plans as may be required by the Director; and

(d)

a letter of intent explaining the reason and justification for the proposed administrative adjustment. It is provided however, that such survey shall not be required to depict municipal boundaries as required by Section 33-304(a).

Except as otherwise provided in this subsection, the application shall be accompanied by the signed consent of all contiguous property owners, including those located across the street(s) from the subject site, shall be submitted by the applicant on a form prescribed by the Director, and on the site plan submitted for consideration. Said consent shall not be required when a separating public right-of-way measures 70 feet or greater, nor shall consents be required when a body of water completely separates the subject parcel from another parcel.

If the applicant for an administrative adjustment is unable to obtain either the signed consent or objection of a neighboring property owner, the signed consent of that owner shall not be required when the following conditions have been met:

(a)

Written notice of the request for administrative adjustment is provided to the neighboring property owner. Such notice shall be deemed sufficient if it accurately describes the adjustment requested, if it informs the neighboring property owner of the consequences of a failure to respond, and if such notice is sent first class mail, return receipt requested, to the property owner of record, as reflected on the Miami-Dade County Property Appraiser's tax roll, as updated; and

(b)

The applicant for the administrative adjustment shall present proof acceptable to the Department that a notice meeting the requirements of (a), above, has been sent, and that one of the following two events has occurred:

(i)

After 90 days from receipt of notice, as indicated on the return receipt, the neighboring property owner has failed to respond; or

(ii)

The United States Postal Service has returned the notice as undeliverable.

(e)

Inspection. Upon receipt of the application for an administrative adjustment, the Director, prior to making a decision, may have a staff member inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed administrative adjustment will have on the adjoining lots.

(f)

Review standards. The following standards shall be applied in considering an administrative adjustment:

(1)

The architectural design, scale, mass, and building materials of any proposed structure or addition shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property; and

(2)

The plan shall clearly illustrate water runoff solution(s) for the encroaching construction area; and

(3)

The property owner shall certify in writing that any and all easement areas as shown on the recorded plat remain unencumbered by the encroaching construction, unless a release of interest by the easement holder(s) is obtained and submitted prior to permit issuance; and

(4)

The applicant provide written certification from a registered architect or engineer that the existing encroaching construction complies, or can be made to comply with all applicable construction codes, including, but not limited to, the Florida Building Code, the applicable Fire Prevention Code and other zoning regulations; and

(5)

Any reduction in the spacing requirement between a principal building and an accessory building or structure on the same lot shall not result in a situation that causes maintenance difficulty or an unsightly appearance; and

(6)

The proposed accessory building or structure is a normal and customary accessory residential use; and

(7)

The property owner certifies in writing that the type and placement of any proposed outdoor lighting fixtures shall comply with the Code of Miami-Dade County and the Florida Building Code.

(8)

Notwithstanding the foregoing, no proposed administrative adjustment shall be approved where the Director determines that the proposed construction or addition:

(i)

Will not be in harmony with the general appearance and character of the subject block face or the block face across the street from the subject property or will result in a significant diminution of value of the adjacent property; or

(ii)

Will be detrimental to the public welfare in that it will have substantial negative impact on public safety due to unsafe traffic movements, heightened pedestrian- vehicular conflicts, or heightened risk of fire; or

(iii)

Creates materially greater adverse privacy impacts on adjacent residences than that permitted by the underlying district regulations.

(g)

Conditions and safeguards. In granting an administrative adjustment, the Director may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to:

(1)

Landscape materials, walls, and fences as required buffering.

(2)

Modification of the orientation or deletion of any openings.

(3)

Modification of site arrangements.

(4)

Modification of plans.

(h)

Public notice, effective date and permit issuance. Upon receipt of all necessary information including a staff report, the Director shall review the information and render a decision, either approving, approving modified or denying the administrative adjustment request. A copy of said decision shall be published in a newspaper of general circulation. No approvals or modifications shall be effective, nor shall any building permits be issued, until it has been determined that no timely appeal of the Director's decision as provided herein has been filed with the Department. If a timely appeal of the administrative adjustment is filed, no approvals or modifications shall be effective, nor shall any building permit be issued, until final disposition of the appeal, including judicial review.

(i)

Appeals. The applicant, or any aggrieved property owner in the area, may appeal the decision of the Director to the appropriate Community Zoning Appeals Board in the manner provided for appeals regarding administrative adjustments (Section 33-311). In the event an appeal is made by an aggrieved property owner in the area, the Director may stop or suspend any construction authorized by the adjustment, until a decision has been made on the appeal. In the event the Director should determine that the suspension of the construction could cause imminent peril to life or property he or she may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances.

(j)

Recording. The decision of the Director shall be recorded on the official zoning maps of Miami-Dade County.

(Ord. No. 77-12, § 1, 2-15-77; Ord. No. 78-15, § 1, 3-21-78; Ord. No. 83-12, § 1, 3-1-83; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-60, § 1, 5-5-98; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 98-174, § 1, 12-3-98; Ord. No. 02-231, § 2, 11-19-02; Ord. No. 07-34, § 1, 2-6-07; Ord. No. 14-24, § 1, 3-4-14; Ord. No. 19-51, § 2, 6-4-19; Ord. No. 25-105, § 4, 10-9-25)

The Director shall approve an application to modify or eliminate a condition of an administrative site plan approval, an administrative approval of a subdivision entrance feature, or any part of any such condition, upon demonstration pursuant to the applicable standards set forth in Section 33-310.1 that the proposed modification or elimination will result in substantial compliance with the requirements of a previously approved administrative action, will correct a clerical or scrivener's error, or is no longer required because the administrative approval has been entirely and voluntarily abandoned.

(Ord. No. 03-93, § 1, 4-22-03)

(a)

Where the dimensions of any residential lot are less than prescribed by this chapter for its particular district and it is not possible to acquire sufficient adjoining land to increase the size of said lot to the dimensions required hereby, a permit shall be issued only after approval by public hearing.

(b)

No use or occupancy of any land or structure, other than as provided in Section 33-36 and elsewhere herein, shall be permitted in any district established hereby; nor shall any deviation from any restriction established herein as to size of lot, distance of building from nearest right-of-way line of the highway or street, alley or other thoroughfare, or property line distance, or from any other restriction or regulation provided herein, be permitted, except as provided herein, until after a public hearing.

(Ord. No. 57-19, § 36, 10-22-57)

For the purpose of inspection, the Director and his authorized representatives shall have free access to materials and work at all times and either or both shall have the power to stop work pending investigation as to materials, work, grades, use and other provisions of this chapter.

The Director is authorized, where he deems it necessary, to request the execution of any agreement for recording.

(Ord. No. 57-19, § 14, 10-22-57)

It shall be unlawful to resist, obstruct or oppose the Director or his designated representative or enforcement officer in the discharge of his duties under this chapter.

(Ord. No. 89-118, § 1, 11-21-89)

Any person who shall violate a provision of this chapter, or fails to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. Any person who violates or fails to comply with this chapter shall also be subject to fines in accordance with Chapter 8CC of this Code. Each day of violation or noncompliance shall constitute a separate offense.

(Ord. No. 58-21, § 1, 6-10-58; Ord. No. 80-83, § 1, 7-15-80; Ord. No. 89-118, § 2, 11-21-89)

(a)

Any person who violates a provision of this chapter or any lawful rule, regulation or written order promulgated under this chapter is subject to injunction or other equitable relief to enforce compliance with or prohibit the violation of this chapter. Further, such person is liable for any damage to Miami-Dade County caused by such violation, and for the reasonable costs and expenses incurred by Miami-Dade County in enforcing the provisions of this chapter, including, but not limited to, the costs of enforcement inspections, preparation of enforcement reports, photographs, title searches, postage and other demonstrable administrative costs for enforcement and collection. All such sums shall become immediately due and payable upon expenditure by the County and shall become delinquent if not paid within thirty (30) days after receipt by the violator of the Department's bill itemizing the enforcement costs incurred in enforcing the provisions of this chapter (the "due date"). All such delinquent sums shall bear interest at the rate of twelve (12) percent per annum.

(b)

In addition to the foregoing, any person who violates a provision of this chapter or any lawful rule, regulation or written order promulgated under this chapter is subject to the judicial imposition of a civil penalty for each offense of an amount not to exceed five thousand dollars ($5,000.00) per offense. In assessing the penalty, the court may receive evidence in mitigation. Each day during any portion of which a violation occurs constitutes a separate offense.

(c)

Upon the rendition of a judgment or decree by any of the courts of this State against any person and in favor of the Director or the County in any action to enforce compliance with or prohibit the violation of the provisions of this chapter, the court shall adjudge or decree against that person and in favor of the Director or the County a reasonable sum as fees or compensation for the attorney acting on behalf of the Director or the County in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions filed after the effective date of this ordinance. Cessation of the violation of any of the provisions of this chapter prior rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the Director or the County to enforce the provisions of this chapter, shall be deemed for the purposes of this section the functional equivalent of a confession of judgment or verdict in favor of the Director or the County, for which attorney's fees shall be awarded as set forth in this section.

(d)

Nothing in this section shall be construed to permit or require the Director to bring an action on behalf of any private person.

(Ord. No. 89-118, § 3, 11-21-89)

The Director is hereby authorized to institute actions on behalf of the County in any court of competent jurisdiction in this State to seek enforcement of this chapter and all remedies for violation thereof.

(Ord. No. 89-118, § 4, 11-21-89)

Editor's note— Ord. No. 22-4, § 3, adopted Jan. 19, 2022, repealed § 33-39.2.1, which pertained to Team Metro: Delegation of enforcement power and duties and derived from Ord. No. 96-86, § 4, adopted June 4, 1996 and Ord. No. 98-125, § 21, adopted Sept. 3, 1998.

The Director or his designee may, in the discretion of the Director or designee, terminate an investigation or an action commenced under the provisions of this chapter upon execution of a written consent agreement between the Director or his designee and the persons who are the subject of the investigation or action. The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this chapter by such persons. The consent agreement may in addition provide for the following: Mitigation of injuries accruing on account of the violation investigated or sued upon; compensatory damages; punitive damages; civil penalties; costs and expenses of enforcement; attorneys' fees; and remedial or corrective action. Except as expressly and specifically provided in the executed written consent agreement, an executed written consent agreement shall neither be evidence of a prior violation of this chapter nor shall such agreement be deemed to impose any limitation or action by the Director or the County in enforcing any of the provisions of this chapter, nor shall the agreement constitute a waiver of or limitation upon the enforcement of any federal, State or local law or ordinance. Each violation of any of the terms of an executed written consent agreement shall constitute a separate violation under this chapter by the persons who executed the agreement and by their respective officers, directors, agents, servants, employees, attorneys, heirs, successors and assigns, and by any persons in active concert or participation with any of the foregoing persons and who have received actual notice of the consent agreement. Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter.

(Ord. No. 89-118, § 5, 11-21-89)