The following definitions are for words which have special or limited meanings as used in this chapter. In the event a word or term is not defined herein, or in the event of conflict of definitions of words or terms defined herein, the administrative official shall make the final determination on the meaning; such determination shall be made using best available sources that provide common or professionally relied upon definitions.

(Ord. No. 2010-10-218, § 2, 4-7-2010)

The following rules of construction shall apply when not inconsistent with the context in which used, and the legislative intent for enacting the provision, as determined by the city.

(1)

The word "may" is permissive and distinguished from the word "shall."

(2)

Number. A term importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

(3)

The words "including" and "such as" shall always mean that the listed items following said words are not all inclusive, and shall be read as if the words "but not limited to" follow, unless the context is qualified and clearly states otherwise (ex: "including only the following:").

(4)

The word "oath" means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

(5)

The word "or" may be read as "and"; and the word "and" may be read as "or" unless the context dictates otherwise, such as, but not limited to, their use in a list or series where they identify whether all items are inclusive, exclusive, or whether combinations of items are inclusive.

(6)

The words "and/or" shall mean "all or any."

(7)

The words "preceding" or "following" shall mean next before and next after, respectively.

(8)

The word "shall" is always mandatory and not merely directory.

(9)

The words "signature" and "subscription" include a mark when the person cannot write.

(10)

Tense. Words used in the present tense include the future tense, words in the singular number include the plural and words in the plural number include the singular number.

(11)

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.

(12)

The words "designed" and "intended" shall include the word "used."

(13)

The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

(14)

The word "land" shall include water surface.

(15)

The phrase "use of land" shall include use of buildings and other structures unless the otherwise specified.

(16)

The word "approved" shall mean meeting at a minimum the requirements of these regulations or having been issued a development order in accordance to this chapter.

(17)

The word "person" includes individuals, firms, corporations, associations, trusts, joint venture, partnership, estate, syndicate, fiduciary, government agency, two or more persons having a joint or common interest, any combination of the preceding, and other similar entities.

(18)

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(19)

Time.

a.

In computing any period of time prescribed or allowed by this chapter or by order of a court, the day of the act, event or default from which the designated period of time begins to run is not to be included. The last day of the period so computed shall be counted, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday nor a legal holiday.

b.

When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

c.

The word "month" shall mean a calendar month.

(20)

Titles. Wherever reference is made to officials, boards, departments or agencies of the city by title only, such as "mayor" or "city manager," such title shall be construed as if the words "of the City of Miami Gardens" followed it.

(21)

The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing, duplicating, handwriting, or otherwise.

(22)

Any reference to Florida Statutes, Florida Administrative Code, the Florida Building Code, the county Code, the Code of Federal Regulations, or any other official rule or law shall be construed to include the language "as may be amended from time to time," unless otherwise specified.

(Ord. No. 2010-10-218, § 2(19-10), 4-7-2010)

When the following abbreviations are used either in this chapter or in or on documents for development approval, they should have the following meaning:

(Ord. No. 2010-10-218, § 2(19-20), 4-7-2010)

Definitions directly associated with landscaping and signage are found in this section.

Abandonment means a discontinuation of a nonconforming use beyond the relevant time limitation set forth in this chapter as where the user has not actively and diligently sought to continue the use or the necessary equipment for the use, if any, has not been continuously maintained on the property.

Accessory building or structure means a building or structure that is customarily co-located on the same lot with the principal building or structure, and which is incidental and subordinate in purpose, dimension, area, and extent to the principal building or structure.

Accessory use means a use that is customarily co-located on the same lot with the principal use and which is incidental and subordinate in purpose, dimension, area, and extent to the principal use.

Accessway means a means of vehicular or pedestrian approach, entry to, or exit from public or private property.

Acre, gross means 43,560 square feet of land area, which includes contiguous, private property under the same ownership and adjoining right-of-way or ingress/egress easement dedicated from such private property, measured to the street centerline.

Acre, net means 43,560 square feet of contiguous, private property under the same ownership.

Adjacent means separated only by a right-of-way for a street, alley, primary power transmission lines, railroad, or a waterway.

Administrative official means the planning and zoning department director or other administrative official designated by the city manager. The term includes designees of the administrative official.

Advertising means any form of public announcement intended to aid, draw the attention to, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.

Alcoholic beverage establishment means any establishment which has as part of its primary business operation, the consumption, sales and service of alcoholic beverages for consumption on and off the premises.

Alcoholic beverage means distilled spirits and all beverages containing 0.5 percent or more alcohol by volume or as may be defined by F.S. § 561.01(4). The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.

Alcoholic beverage, sales of, means any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the state's beverage law.

Alley means a minor driveway or roadway which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Amusement restaurant/bar means any restaurant or bar that provides activities for patrons such as billiards, games, sports, computer gaming, internet, and other similar activities. The term "amusement restaurant/bar" shall not include restaurants/bars or eating establishments accessory to a casino gaming or racetrack facility.

Anchor tenant means the major tenant/occupant of a building, property or development.

Animal boarding means the keeping of domesticated animals for periods of time exceeding 24 consecutive hours, and which may include the provision of care and grooming services, but does not include the breeding or training of the animals.

Animal hospital means a facility that provides for the medical and surgical care of animals, including, but not limited to, outpatient and boarding services.

Animated sign. See: Sign, animated.

Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves, which includes, but is not limited to, telephonic, radio and television communications.

Antenna dish means an antenna (satellite dish) with a concave shape used for the reception and/or transmission of radio and/or telecommunication signals to and from satellites.

Antenna tower means a structure used to support an antenna at a height above the ground.

Applicant means the owner of record, the owner's agent, or any person with a legal or equitable interest in the property which is subject to the proceeding.

Application for development permit means an application submitted to the city requesting the issuance of a development permit.

Arterial street means streets designated as arterials on the functional roadway classification map of the CDMP, as follows:

(1)

N.W. 57th Avenue (Red Road).

(2)

N.W. 47th Avenue.

(3)

N.W. 37th Avenue (Douglas Road).

(4)

N.W. 27th Avenue.

(5)

N.W. 22nd Avenue south of N.W. 183rd Street.

(6)

N.W. 2nd Avenue (SR 7/US 441).

(7)

Palmetto Expressway frontage road.

(8)

N.W. 215th Street (County Line Road).

(9)

N.W. 199th Street (Dan Marino Boulevard).

(10)

N.W. 183rd Street (Miami Gardens Drive).

Automobile means a motor vehicle designed, marketed and commonly used by the general public for personal, noncommercial transportation on public streets, including a car, pickup truck, motorcycle, sports utility vehicle, or minivan. Mobile homes, trailers and recreational vehicles are not automobiles for purposes of these regulations.

Awning means a roof-like cover, often of fabric, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door, or similar aperture.

Billboard. See: Sign, billboard.

Board, for the purpose of the quasi-judicial procedures of section 34-44, means the city council or other board considering the application and having final jurisdiction within the city related to such order.

Boat means any watercraft or airboat used or capable of being used as a means of transportation on water.

Buffer means an area of landscape open space which is used to screen differing land uses or improvements from each other or from adjacent properties.

Buffer, landscape means an area of land measured horizontally, which is improved with landscape materials separating two distinct land uses, lots or a land use and a public right-of-way. It acts to soften or mitigate the effects of one land use on the other.

Buffer, perimeter landscape means an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts.

Buffer, transitional means a strip of land measured horizontally between two different land uses, containing a combination of wall and landscape material designed to provide a screen to lessen the negative visual and auditory impacts between the uses.

Build-to-line means a building setback line established at a specified distance from the right-of-way along which the wall of a principal building that faces such right-of-way shall be located for at least the lower three stories.

Building means an structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, property or use, and meeting the definition of "building" provided in the building code.

Building code means the Florida Building Code, inclusive of Miami-Dade County amendments.

Building and roofed structure height. When height is measured in feet, height shall be the vertical distance measured from grade to the midpoint of sloped roofs, and to the roof deck on flat roofs. A flat roof shall be considered a roof that has a slope of less than seven degrees with the horizontal.

Building permit means a permit issued by the city pursuant to the provisions of the building code.

Building, principal means a building that is occupied by, or devoted to, a principal use, as well as a proposed addition to an existing principal building that is the same size or larger than the existing building.

Building setback. See: Setback.

Canopy means a roof-like cover or awning that is supported by, and projects from, the wall of a building.

Capacity means a quantitative measure of the ability of a public service or facility to provide for use of the service or facility.

Capital improvements element means the capital improvements element of the CDMP.

Carport means an accessory structure or a portion of a main structure designed for the storage of motor vehicles that may include a roof structurally attached to the primary building, and does not have walls on two or more sides.

Certificate of concurrency exemption means a certificate issued by the planning and zoning department pursuant to this article evidencing that a project is exempt from concurrency review.

Certificate of concurrency reservation means a certificate issued by the planning and zoning department pursuant to the terms of this article evidencing that required public facility capacity has been reserved so that levels of service shall be adequate for the project for which the certificate of concurrency reservation is issued.

Certificate of use and occupancy (CO) means a document that is issued by the city to authorize the use and occupancy of a building as required in this chapter.

Charter means the Charter of the City of Miami Gardens, Florida.

City means the City of Miami Gardens, Florida.

City attorney means the city attorney of the City of Miami Gardens or designee.

City clerk means the city clerk of the City of Miami Gardens or designee.

City council means the city council shall mean the city council of the City of Miami Gardens.

City manager means the city manager of the City of Miami Gardens or designee.

Clear trunk means the point above the root ball along the vertical trunk or trunks of a tree at which lateral branching or fronds begin.

Collector street means a street that carries traffic from local streets to arterial streets, or connects arterial streets, and designated on the functional roadway classification map of the CDMP as collector streets:

(1)

N.W. 47th Avenue south of the Palmetto Expressway.

(2)

N.W. 42nd Avenue.

(3)

N.W. 32nd Avenue.

(4)

N.W. 22nd Avenue north of N.W. 183rd Street to N.W. 191st Street.

(5)

N.W. 17th Avenue between the Palmetto Expressway and N.W. 183rd Street.

(6)

N.W. 12th Avenue.

(7)

N.W. 13th Avenue (south of the Palmetto Expressway).

(8)

N.W. 7th Avenue.

(9)

N.W. 215th Street east of N.W. 2nd Avenue.

(10)

N.W. 191st Street west of N.W. 27th Avenue and east of N.W. 12th Avenue.

(11)

N.W. 173rd Drive west of S.W. 12th Avenue.

(12)

Palmetto Expressway frontage road (eastbound and westbound) between N.W. 12th/13th Avenues and N.W. 17th Avenue.

(13)

N.W. 156th Street between N.W. 47th Avenue and N.W. 42nd Avenue.

(14)

N.W. 151st Street.

Colonnade means a roof extending from a building over the sidewalk, open to the street and sidewalk, and supported on the open side by columns or piers.

Commencement of construction. See: Construction, commencement of.

Commencement of development means receipt of a validly issued building permit and the initiation of site improvements not including soil preparation such as land clearing, land filling and soil compaction.

Commercial means engaged in a business, enterprise, activity or other undertaking for profit.

Commercial zoning district. See: District, commercial.

Commercial vehicle. See: Vehicle, commercial.

Completion of construction. See: Construction, completion of.

Competent substantial evidence means evidence that a reasonable mind could accept as adequate to support a conclusion.

Comprehensive development master plan means the City of Miami Gardens comprehensive development master plan adopted by the city council.

Concurrency determination means a document issued by the planning and zoning department stating that there appears to be sufficient public facility capacity so that designated levels of service shall be adequate for the project for which the concurrency determination is issued. A concurrency determination reserves no public facility capacity and is in no way binding on the city.

Concurrency reservation means the act of setting aside a portion of available infrastructure capacity necessary to accommodate valid intermediate or final development orders.

Concurrency statements means written reports issued by concurrency review agencies summarizing existing and anticipated levels of service for those public services and facilities potentially affected by a proposed development subject to a request for development order. The concurrency report shall analyze:

(1)

Whether public facilities and services meet or exceed the standards established in the capital improvements element of the comprehensive development master plan; and

(2)

Whether the requested development order, if approved, would result in a reduction in the level of the service for affected public services and facilities below the level of service standards provided in the comprehensive development master plan. This report may be included in any other timely report or recommendation of the agency which is required by statute, ordinance or regulation.

Conditional certificate of concurrency reservation means a certificate issued by the planning department in conjunction with a development agreement that is approved by the city's administrative official, evidencing that:

(1)

All available public facility capacity to serve a proposed project has been reserved, but such capacity is not adequate to serve the proposed project;

(2)

The additional public facility capacity needed for the proposed project may be assured by an executed development agreement; and

(3)

A request by the applicant has been made for consideration and approval by the city commission of a development agreement concurrent with an application for a final development order.

Condominium means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners.

Construction, commencement of means the first placement of permanent evidence of a structure on a site pursuant to a duly issued building permit, such as the pouring of slabs or footings. Permanent construction does not include the installation of streets, walkways or other infrastructure, nor does it include excavation or erection of temporary forms.

Construction, completion of means construction shall be completed upon issuance of a certificate of occupancy or certificate of completion, as appropriate.

Councilmember means a member of the City of Miami Gardens City Council. For the purposes of the quasi-judicial procedures in section 34-44, the term "councilmember" shall also mean a member of any other board that is hearing an application that is subject to quasi-judicial procedure.

County means Miami-Dade County.

County road ordinances means Miami-Dade County ordinances, which, taken together, impose countywide traffic performance standards upon certain roadways located within the city.

Cul-de-sac; dead-end street means a minor street that terminates at one end with a turnaround.

Delegation of authority. Wherever in this chapter reference is made to a city officer, a city employee or a city agency, the reference shall include the subordinates of such officer, employee or agency duly designated or authorized to perform the duties or responsibilities of such officer, employee or agency; provided, however, that nothing contained herein shall be construed to relieve any officer or employee of the responsibility for the proper performance of the duties or powers of his position.

De minimis impact means the automotive traffic generation impact of a development activity within the urban service area that:

(1)

Would not exceed more than 0.1 percent of the maximum traffic volume at the adopted level of service standard of the affected transportation facility or facilities; and

(2)

Is caused by an increase of less than or equal to twice the density or intensity of the existing land use within a single ownership.

On vacant land, proposed residential development at a density of less than one dwelling unit per quarter acre, and proposed nonresidential development at an intensity of 0.1 or less F.A.R. shall automatically be considered de minimis. De minimis exceptions shall be permitted within the urban service area. An impact is not de minimis if the cumulative total of the de minimis impacts, from both improved and vacant properties exceeds three percent of the maximum volume at the adopted level of service standard of the affected transportation facility.

Density means a measure of residential intensity that is expressed in "dwelling units per acre" (du/ac). Density is calculated by dividing the number of dwelling units by the area of the lot expressed in acreage. The acreage of land area used in density calculations is the gross acreage, unless otherwise specified in these regulations.

Developer means any person or entity undertaking development.

Development means the act of undertaking development, as defined in F.S. § 380.04. Also used as a noun in reference to a development site under unified control and all of its existing or planned and approved improvements.

Development agreement means an agreement entered into between the city and a developer for the purpose of assuring the city that the developer shall provide required public facility capacity. The term "development agreement" includes, but is not limited to, agreements authorized pursuant to F.S. §§ 163.3220 and 380.01 et seq., both as amended from time to time.

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development order, final means any development order which results in a quantifiable impact on public facilities, including, without limitation, a building permit, a site plan approval, a development order approving a development of regional impact or a Florida quality development, rezonings for planned developments, developments of significant impact and major amendments thereto, major subdivision approvals, all minor amendments to approvals, and special exception use permits.

(1)

Preliminary subdivision plat approval;

(2)

Final subdivision plat approval;

(3)

Final site plan approval;

(4)

Approval of a PD concept plan;

(5)

Approval of a PD final development plan; or

(6)

Building permit.

Development order, preliminary means any development order other than a final development order, including, without limitation, a rezoning other than for a planned unit development or development of significant impact, a zoning code amendment, a comprehensive development master plan amendment, an annexation, an abandonment, revocable permits, and a zoning variance.

Development permit means any official action of the city having the effect of permitting development, including, without limitation, any building permit, zoning permit, subdivision approval, rezoning (including rezonings for planned developments), certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land.

Dimensional nonconformity means a use that does not meet any of the following standards as set forth in this chapter:

(1)

Minimum yard size;

(2)

Minimum structure or use setback;

(3)

Maximum lot coverage by buildings;

(4)

Maximum height for structures;

(5)

Maximum floor area ratio;

(6)

Maximum impermeable surface;

(7)

Limitations on lighting;

(8)

Limitations on the number of ingress and egress points or lanes;

(9)

Limitations on grades or slopes;

(10)

Limitations on mechanical and utilities equipment;

(11)

Limitations on plant material;

(12)

Other maximum or minimum limitations.

Dissimilar land uses means proximate or directly associated land uses which are contradictory, incongruous, or discordant such as higher intensity residential, commercial or industrial uses located adjacent to lower intensity uses or where one use poses or creates a detrimental impact to abutting uses. Undeveloped land without an approved or established use shall not be considered dissimilar to abutting properties until such time it is determined when use is approved or established.

District, commercial means the NC, neighborhood commercial district.

District, industrial means the I-1 and I-2 industrial districts.

District, nonresidential means the OF, office district; the GP, government properties district; the AU, agricultural and utilities district; and all commercial and industrial districts.

District, residential means the R-1, single-family dwelling residential district; the R-2, two-family dwelling residential district; and the R-15, R-25 and R-50 multiple-family dwelling residential districts.

Drive-through; drive-through service; drive-through facility means an establishment or portion thereof that provides parking, standing or queueing/stacking spaces for motor vehicles for the purpose of providing products or services to patrons while they remain within their motor vehicles. May include, by way of example, one or more service windows, a pneumatic tube delivery system, or a computer terminal or similar device, through which payment is made, and the product or service is provided.

Driveway means:

(1)

The paved area leading from the edge of a street pavement to the street line for the purpose of connecting an off-street vehicular use area with a street;

(2)

A circulation element of off-street vehicular use areas that provides access to off-street parking spaces from a street or alley;

(3)

In relatively large multiple-family and nonresidential developments that have, or are required to have, a hierarchy of on-site vehicular circulation elements, a driveway is a paved surface that connects access aisles, fire zones, drop-off areas and loading spaces, but generally does not provide direct access to parking spaces.

Dumpster means a temporary movable refuse container of one cubic yard or larger.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, but not including trailers, campers, mobile homes, hotels, motels, motor lodges, boarding houses, or tents.

Dwelling unit means a building or portion thereof used as a dwelling exclusively for one family, in which all living rooms are accessible to each other from within the building, and which contains living areas, sleeping quarters, cooking facilities, sanitation, heating and air conditioning independent of those for any other family.

Dwelling, multifamily means a building containing three or more dwelling units, other than a townhouse dwelling.

Dwelling, two-family; duplex means a building containing two attached dwelling units for occupation by two separate and distinct families.

Dwelling, single-family means a building containing a single dwelling unit, situated on its own lot. Shall mean the same as single-family detached dwelling unless the context specifies otherwise.

Dwelling, single-family attached. See definition for dwelling, townhouse.

Dwelling, single-family detached means a single-family dwelling that is not attached at any point to an adjacent dwelling.

Dwelling, townhouse means a building containing at least three single-family dwelling units that are attached via party walls (fire-rated and load-bearing), with each unit having a front yard and a rear yard and situated on a platted lot or record. Means the same as dwelling, single-family attached.

Easement or servitude means a strip reserved by the subdivider for public utilities, drainage and other public purposes, the title to which shall remain in the property owner, subject to the right of use designated in the reservation of the servitude.

Entertainment means artistic performance by live actors, singers, dancers, musicians, comedians, poets or any other type performances; disc and video jockeys; mechanical or electronic audio or visual presentation; attractions and activities to create the ambience for dancing.

Entry features means a combination of elements including signs, landscaping, and other architectural elements placed to one or both sides of a roadway or entranceway of a property and/or development, either nonresidential, residential, or mixed-use.

Excavation means the digging, stripping or removal by any process of natural materials or deposits from their natural state and location, said materials and deposits to include rock, stone, minerals, shell, sand, marl, muck and soil, but not including sod. Excavation as used herein shall not include digging for foundations, fences, structures or incidental to construction work, wherein no materials are removed from the premises, except surplus not required for backfill or grading of premises.

Existing development means lawfully existing structures that were approved through the issuance of a certificate of use and occupancy or a certificate of completion as of the effective date of any provision that uses the term.

Ex-parte communication means any written, oral, or graphic communication with a councilmember that may directly or indirectly relate to or which could influence the disposition of an application, other than those made on the record during a quasi-judicial proceeding.

Expert means a person who is qualified in a subject matter by knowledge, skill, experience, training, or education.

Facade means the entire building wall including wall face, parapet, fascia, windows, door, and canopy of an elevation of the building.

Family means any of the following living together as a single housekeeping unit in a dwelling unit: One person; two or more persons related by legal adoption, blood or a licit marriage; a group of not more than three unrelated persons who need not be related; or a group of persons that are disabled as defined by federal law.

Final development order. See: Development order, final.

Final plat. See: Plat, final.

Finished floor elevation (FFE) means the elevation above N.G.V.D. of the lowest inhabitable floor of a building.

First floor or story; ground floor or story means the story in a building that is located and/or accessible at grade.

Flood criteria means the minimum finished elevation required for all lands as established and shown on the flood criteria map recorded in Plat Book 53, pages 68, 69, and 70 of the public records of this county as the same may be modified from time to time.

Floor area means the sum of the inhabitable horizontal area of all floors of all stories of a building or structure under roof, including private garages, excluding basements and sub-basements, covered parking and loading areas, and parking structures, elevator shafts, utility rooms. Enclosed floor area is measured from the exterior face of exterior walls, and from the centerline of a wall separating two buildings. In restaurants, gross floor area shall also include any outdoor or patio floor area used or designed for use for customer service, whether or not under roof.

Floor area ratio (F.A.R.) means a ratio of the total floor area of a building to the total area of a lot or site.

Geologic feature means a natural rock or mineral formation.

Grade, natural means the finished ground level excluding berms or mounded areas.

Green building techniques means techniques intended to increase the efficiency with which buildings and developed properties use resources such as energy, water and materials, and which reduce the building's impacts on human health and the environment through techniques including, but not limited to, better siting, design, construction, operation, and maintenance.

Hardscape means permanent non-vegetation landscape elements such as a trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking, patio, decorative paving, gazebo, and benches for the purposes of landscape and beautification.

Height, unroofed structures means the vertical distance measured from grade to the top of the structure.

Impervious area means any area of land that has been modified to reduce its natural ability to absorb and hold rainfall. Any placement of any nonorganic material which prohibits penetration by liquids or other soluble materials results in the creation of an impervious area.

Improvements, required, means and includes, but is not limited to, paved streets, curbs and gutters, paved sidewalks, paved alleys, water mains and distribution lines, sanitary sewer mains and feeder lines, pump stations, storm sewers and drains, stormwater retention areas, guardrails, pavement marking and traffic control signs, landscaping, permanent reference monuments, and permanent control points.

Inoperable vehicle means a vehicle or trailer, which is incapable of being lawfully operated on the streets of the state, or is in a state of disrepair. A vehicle or trailer shall be deemed inoperative if one or more parts which are required for the operation of the vehicle are missing, dismantled, inoperative or not attached to the vehicle as designed. A vehicle or trailer without a license plate, with a license plate that is not registered to that vehicle, a license plate without a registration sticker affixed to the license plate, or that has a registration sticker that has been expired for a period of at least 90 days, shall be deemed to be an inoperable vehicle.

Intervenor means an individual or group who, under the recognized legal principals of standing, can demonstrate that they will suffer an adverse effect to a protected interest, such as health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental and natural resources. The alleged adverse interests may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

Keeper and proprietor means a person, firm, association, corporation, club and co-partnership, whether acting by himself or herself or through a servant, agent or employee.

Kiosk means a freestanding structure upon which temporary information and/or posters, notices, and announcements are posted, or a freestanding building with one or more open sides from which commercial activities are conducted.

Kitchen means an area or room of a building designed or used for the cooking and preparation of food that contains, as minimum equipment, cook top, sink and refrigerator.

Land use plan means the adopted City of Miami Gardens Comprehensive Development Master Plan.

Legally existing nonconforming site improvement means an improvement listed hereunder that was lawful with respect to the standards and regulations in effect at the time of permit issuance, but that no longer conforms to standards and regulations as a result of the adoption, revision or amendment of this chapter. Site improvements include:

(1)

Required parking and loading spaces;

(2)

Required dumpster or other trash receptacle space;

(3)

Required vehicle stacking spaces for drive-in services;

(4)

Required access lanes for parking, loading, and trash receptacle spaces;

(5)

Required emergency access lane;

(6)

Required screening, landscaping, and related site improvements;

(7)

Required building design characteristics;

(8)

Required pedestrian circulation;

(9)

Required overhead weather protection;

(10)

Required signs;

(11)

Required lighting; or

(12)

Other site improvements that do not comply with one or more standards or requirements of this chapter.

Legally existing nonconforming structure or building means a building or structure that was lawful with respect to area, dimensions, placement, height, coverage, design, and any other applicable regulation when permits were issued for the construction or improvement of the building or structure, and which no longer conforms to such standards because of the adoption, revision or amendment of this chapter.

Legally existing nonconforming use means a use of land, building or structure that was lawfully established and has been lawfully maintained, but which is no longer conforms to the use regulations of the district in which it is located as a result of the adoption, revision or amendment of this chapter.

Legally existing nonconforming lot means a lot that was lawful with respect to area, dimensions, access, and any other lot regulation prior to the adoption, revision, or amendment of this chapter, and which no longer conforms to the lot standards because of the said adoption, revision or amendment.

Legally existing nonconforming sign. See: Sign, nonconforming.

Level of service (LOS) means an indicator of the extent or degree of service provided by or proposed to be provided by a public facility based on and related to the operational characteristics of the public facility.

Licensee means anyone or entity holding a valid certificate of use, business tax receipt from the city and holding a valid state beverage license.

Limited access highway means a highway which permits no access except at authorized and controlled points, the acquisition of rights-of-way for such highway usually including the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access right.

Limited access line means a designated line across which there shall be no vehicular access.

Local planning agency means the local planning agency of the City of Miami Gardens, created pursuant to F.S. ch. 163, part II, and charged with the duties set forth in article 720. The city council serves as the city's local planning agency.

Local street means streets on the functional roadway classification map of the CDMP other than a limited access highway, parkway, arterial or collector, which is used primarily for access to the abutting properties.

Lot means a contiguous area of land, comprised of one or more lots of record or portion thereof, intended to be used and/or developed as a single unit, or otherwise planned and developed with infrastructure under unified control. May be also be referred to as "property," "land," or "site."

Lot of record means a parcel of land that is specifically delineated on a recorded plat or described by a legally recorded deed.

Lot area, net means the size of a lot in net acreage (see Acre, net ). Lot area requirements in this chapter are always net acreage requirements unless otherwise provided.

Lot area, gross means the size of a lot plus a portion of abutting right-of-way using gross acreage (see Acre, gross ).

Lot, corner means a lot abutting upon two or more streets at their intersection having an interior angle of less than 135 degrees.

Lot coverage means the percentage of lot area under roof, calculated by dividing the horizontal area of the lot covered by roof by the area of the lot.

Lot frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect a right-of-way. All sides of a lot that abuts a right-of-way shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

Lot lines means the legal boundary of a lot or property as specified by survey or plat.

Lot line, front means the lot line abutting a right-of-way. On lots abutting more than one right-of-way the administrative official shall determine the front lot line based upon the shape and orientation of the lot, and the shape and orientation of adjacent lots and the orientation of the principal buildings thereon.

Lot line, rear means the lot line with the shortest horizontal distance abutting another lot or property.

Lot line, side means any lot line not designated as a front or rear lot line. A side lot line separating a lot from a street is called a corner side lot line and a side lot line separating a lot from another lot is called an interior side lot line.

Lot, multiple frontage means a lot with street frontage on three sides. Any lot with street frontage on all sides is classified as a block, and each lot line is a front lot line.

Lot, through means an interior lot having frontage on two streets, other than a corner lot.

Mapped street means any approved street shown on an official map, or the projection of an 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 normal five-acre fractional lines shall be deemed the centerline of mapped street, unless waived by the plat division of the appropriate authority.

Marginal access street means a minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

Masonry wall, decorative means a wall of masonry composition, with a struck natural, painted, stuccoed, or painted struck block finish on both sides with a continuous concrete cap.

Material fact means a fact that bears a logical relationship to one or more issues raised by a quasi- judicial application or the laws and regulations pertaining to the matter requested by the application.

Minor street. See: Local street.

Mixed-use development means a development containing both residential and nonresidential uses in the proportions or amounts required in this chapter, located within the same building or within separate buildings located on the same lot or within a single development.

Multiple-story means a building, structure or portion thereof with two or more stories entirely above grade, including stories used for parking.

Net lot area/acreage. See: Lot area, net and acre, net.

Non-public use means a use that is established and operated as a private enterprise and/or not under ownership of any government entity.

Off-street parking spaces means a space meeting the minimum requirements of these regulations provided for the temporary, transient storage of vehicles located on private property. Spaces provided on public rights-of-way shall not be considered as off-street parking spaces.

Off-street parking garage or structure; off-street structured parking means a structure or portion thereof attached to, or integrally designed within the principal building or structure, consisting of at least two levels used exclusively for parking or storing multiple vehicles. Off-street parking garage or structure shall not be counted towards FAR, or building height calculations.

Off-street parking space means an off-street parking area for the parking of one automobile, having the minimum dimensions, access and construction required by this chapter.

On-street parking space means parking spaces provided on private or public streets for the use by the general public, which may be subject to limited hours of use, and may be metered for use by the city or a governing authority.

One-family dwelling. See: Dwelling, single-family.

Open space, passive means a parcel or area of land or water within a development that is kept in its natural state, and serves as an amenity within that development area. May include bicycle, equestrian and pedestrian trails, noncommercial resource-based facilities such as those for fishing, boating and camping, and interpretive features.

Open space, usable means any open space or recreational facility that is designed or developed with recreation and support facilities for the convenience of the user, including playgrounds, golf courses, athletic fields, sports courts, swimming pools, clubhouses, equestrian facilities; may include pedestrian plazas and similar urban open spaces.

Overlay zoning districts are superimposed over portions of one or more underlying base zone district (and perhaps planned development districts or other overlay districts) with the intent of supplementing generally applicable development regulations with additional deveopment regulations that address special area-specific conditions, features, or plans while maintaining the character and purposes of the underlying zoning districts. Some overlay zoning districts include standards that modify or supersede standards applied by the underlying base zoning district.

Owner means any person that alone, jointly, or severally with others:

(1)

Has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner.

The person shown on the records of the recorder of deeds of the county to be the owner of a particular property shall be presumed to be the person in control of that property.

Parapet means the extension of the building facade or wall above the roof line.

Participants means members of the general public, other than the applicant, including experts and representatives of units of local governments and governmental agencies, who offer testimony at a quasi-judicial proceeding for the purpose of being heard on an application.

Parkway means a route intended to be used primarily by passenger vehicles that may have a varied right-of-way width, and which right-of-way is or is intended to be developed with a park-like character.

Party means the applicant, a recognized intervenor, and/or the City of Miami Gardens staff.

Permit, building. See: Building permit.

Permit, development. See: Development permit.

Pervious area means land surface that presents an opportunity for precipitation to infiltrate directly into the ground.

Planning and zoning department means the planning and zoning department of the city.

Plat means a map or delineated representation of the subdivision of lands in compliance with, being a complete exact representation of the subdivision and other information in compliance with the requirement of F.S. ch. 177, part I and the provisions of this chapter, and may include the terms "replat," "amended plat," or "revised plat."

Plat division of the appropriate authority means the competent staff, including a professional land surveyor, of the governing body created to review plats or an independent land surveying firm under contract by the governing body to review plats. By definition, the independent land surveying firm shall not be the same as the land surveyor recording the plat, so as to prevent any conflict of interest. Municipalities without a plat division may request the county's plat division to review both tentative and final plats, in which case the subdivider shall pay the same fees to the county as a subdivider within the unincorporated areas of the county would pay.

Plat, final means the final map or drawing up on which the subdivider's plan of subdivision is presented to the governing body for approval, and which, if approved, will be submitted to the clerk for recording.

Plat, tentative means a preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval. Said preliminary map, drawing or chart shall not be considered a boundary survey as defined in chapter 21HH-6 of the Florida Administrative Code, as same may be amended from time to time. It shall be considered a specific purpose survey as defined in said chapter 21HH-6; said specific purpose being for subdivision design, therefore conceptual in nature, and subject to change prior to the boundary survey being made for which a plat of record is being filed.

Platted means land for which a plat has been recorded.

Plaza means a pedestrian-friendly open space area that extend the public realm from the street or sidewalk to the main entry of an adjacent building. Plazas are designed to facilitate pedestrian use, public gatherings and congregations. Plazas are usually provided in front of buildings, incorporating urban design elements such as special pavers, public art, and water features.

Principal building or structure means a building or structure in which the primary or predominant use is being conducted on the property on which it is located.

Professional surveyor and mapper means a person registered in the State of Florida to engage in the practice of surveying and mapping under F.S. §§ 472.001—472.037.

Programmed means an improvement that is included as a proposed project in the capital improvements element (CIE). Such improvements are unfunded unless in the current year of the capital budget.

Programmed for construction means a proposed project that is included in the capital improvements element and scheduled for construction. Such improvements are unfunded unless in the current year of the capital budget.

Project means a single development as designated by the applicant, but two or more purportedly separate developments will be considered one project if the administrative official finds that three or more of the following criteria exist:

(1)

The purportedly separate developments are located within one-quarter mile of each other;

(2)

The same person has an ownership interest or an option to obtain an ownership interest of more than 25 percent of the legal title to each purportedly separate development;

(3)

There is a unified plan of development for the purportedly separate developments;

(4)

The purportedly separate developments voluntarily do or shall share private infrastructure;

(5)

There is or will be a common management or advertising scheme for the purportedly separate developments.

Projecting sign. See: Sign, projecting.

Property includes real and personal property.

Public services and/or public facilities means services for which level of service (LOS) standards are included in the comprehensive development master plan, whether such services or facilities are provided by government, quasi-public or private providers.

Public facilities means roads, sanitary sewer facilities, solid waste facilities, drainage facilities, potable water facilities, parks and recreation facilities or any other facilities provided for the general use and benefit of the community.

Public works department construction manual means the comprehensive set of specifications prepared by the county's department of public works covering the minimum requirements for the design and construction of engineering works such as, but not limited to, streets, roads and highways, sidewalks, filling and grading, excavating, harbors and docks, drainage installation and structures, water control work and water supply, paving installations, curbs and gutters, bridges and overpasses and underpasses, underground sewage collections and disposal systems, underground utility line construction, levees, pumping stations and similar works.

Quasi-judicial proceeding means a hearing held by a board to adjudicate the private rights of an applicant by means of a hearing which comports with due process requirements.

Rear lot line. See: Lot line, rear.

Rear yard. See: Yard, rear.

Record; recorded; of record means the act of, or state of a document being or having been recorded in the official records of the clerk of the circuit and county court. For plats, refers to recording or having been recorded in a specific page in a plat book (PB), and for other documents, usually refers to recording or having been recorded in a specific page or pages of a records book (RB).

Relevant evidence means evidence which tends to prove or disprove a fact that is material to the determination of an application that is the subject of a quasi-judicial proceeding.

Required parking. See: Parking, required.

Required yard. See: Yard, required.

Residential district. See: District, residential.

Right-of-way (R.O.W.) means the area of a highway, road, street, or alley, or other such strip of land, reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or any other legal means.

Right-of-way line means the outer boundary line of the ultimate right-of-way of a public or private street as depicted on a survey, plat or official right-of-way map of the city. The ultimate right-of-way for any street is the planned width of the right-of-way prescribed for such street. There is no distinction made in this chapter between the edge of an existing dedicated right-of-way and the planned extent of a right- of-way for purposes of measuring setbacks, yards, clear site distance, etc., even though the full width of same has not yet been dedicated, unless the context specifically refers to an existing dedication, or a street right-of-way as currently dedicated.

Roof line means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys or minor projections.

Roof sign. See Sign, roof.

Roofline means the highest point on any building where an exterior wall encloses usable floor space. The term "roofline" includes the top of any parapet wall, providing said parapet wall extends around the entire perimeter of the building at the same elevation.

Screen enclosure means an enclosure for the purpose of providing an insect barrier, consisting of a frame that supports a screen covering that possesses at least 50 percent open area per square inch. Screen enclosures do not have the effect of appearance of a roof or a wall, building siding, or louvered structure.

Service impact mitigation measures means measures, other than provision of services or facilities as defined herein, which will demonstrably reduce the impact of the prospective development on said services or facilities.

Service provider, other means any state, regional, municipal or Miami-Dade County agency having construction, operational or maintenance responsibility for public services or facilities as defined herein.

Setback means the horizontal distance in feet between a building or structure and a street right-of-way or lot line. See also: Setback, minimum required; and yard.

Setback line means the vertical plane that represents the depth or extent of a setback or yard.

Setback, minimum required means the minimum setback required by any code provision. A minimum setback requirement creates a minimum yard requirement, and a minimum yard requirement has the same effect as requiring a minimum setback.

Setback encroachment means any of the exceptions to a minimum required setback as specifically provided in this chapter.

Shopping center means a building or buildings containing two or more stores that are used primarily for retail sales but may include commercial trade or professional uses.

Side yard, interior means the area between the interior side lot line and the required interior side building setback line, extending between the front building setback line and the rear building setback line.

Side lot line. See: Lot line, side.

Side street, corner side street means a local street or minor street.

Site means the same as lot.

Site plan means a detailed development plan for a lot or portion thereof that satisfies the requirements of article II of this chapter.

Site-specific means related to an individual lot that can be clearly defined by street address, legal description, or similar means at an identifiable location.

Slogan means the use of a group of words or word which has been designed to create a unique identity or trademark for an organization or corporation.

Special exception means a use or structure that may be authorized by the city council via a public hearing, that would not be appropriate generally or without restriction throughout a district but which, if controlled, could be appropriate within that district. Such uses and structures may be permitted as special exceptions only if specific provision for such use or structure is made in the applicable district regulations and verified through the meeting of specific criteria.

Spot or search light sign. See: Sign, spot or search light.

Staff means the City of Miami Gardens staff.

State means the State of Florida.

Storage area means any exterior area used for the keeping of garbage or trash cans, dumpsters, newspaper containers, oil and bottled gas tanks, swimming pool equipment, air conditioning and mechanical appurtenances; including outdoor storage of merchandise; i.e., lumber, etc.

Stormwater retention/detention area means an area designed, built and used for temporary storage of stormwater.

Story means a complete horizontal division of a building of which at least four feet is above grade, constituting the space between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the roof above it. Levels of a parking structure shall not computed towards maximum building stories heights.

Street line. See: Right-of-way line.

Street width means the shortest distance between the lines delineating the right-of-way of a street.

Street yard. See: Yard, street.

Structure means anything constructed, installed or placed upon the land, or attachment thereto, the use of which requires, occupies or is intended to occupy a permanent or generally fixed location, but excluding landscape materials and earthen berms. By way of example, structures include buildings, sheds, slabs, statues, port-o-cocheres, shipping containers, pools, gazebos, tents, ground signs, fences, and any movable structure while it is located on land that can be used for housing, business, commercial, or office purposes either temporarily or permanently.

Structural alterations means any change, except the repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders or the re-arrangement of any interior partitions affecting more than five percent of the floor area of the building.

Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

Subdivision means:

(1)

The division of land for any use so as to create one or more lots designated of any size for the purpose of transfer of ownership, leasing, or building development. The division of land, zoned for agricultural use or which is unzoned, shall not be deemed a subdivision if the land is being divided into parcels each of which is five acres or more in size, including any official right-of-way.

(2)

The dedication of a road, highway, street, alley, easement through or on a tract of land regardless of area.

(3)

The re-subdivision, or combining of land heretofore divided or platted into lots, sites or parcels for purpose of creating a development tract for the purpose of transfer of ownership, leasing or building development.

Swale means all unpaved portions of a right-of-way located between the edge of pavement and the property line or an open space easement located on property adjacent to the right-of-way line.

Tenant, occupant means any person holding a written or oral lease of, or who occupies the whole or a part of a building or land, either alone or with others.

Tentative plat. See: Plat, tentative.

Through lot. See: Lot, through.

Transient means an individual or group in temporary occupancy of a hotel or motel room or other similar residential facilities such as extended stay or bed and breakfast. Transient occupancy is when it is the intention of the parties that the occupancy will be temporary, typically ten days or less.

Transit oriented development (TOD) means mixed-use development located generally within a one-quarter mile walk to a transit stop via continuous, shaded sidewalks. TODs mix ground floor retail, restaurant, service and entertainment uses with residential, office and/or public uses in a walkable environment, making it convenient for residents and employees to travel by transit, bicycle, foot or car.

Two-family dwelling. See: Dwelling, two-family.

Undeveloped land means land which is unimproved, in that no principal building or structure has been constructed upon it.

Use, principal means the primary use of a property as distinguished from secondary or accessory uses. There may be more than one principal or main use on a lot unless otherwise provided.

Use; use of land means any purpose for which buildings, structures, land, or water may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity, or operation carried on or intended to be carried on in a building, other structure, or on land. The term use of land shall include use of buildings, structures and water.

Utilities means all lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable; includes facilities for the generation of electricity.

Vehicular use area (VUA) means an area used for parking, loading and vehicular access for any property not occupied by a single-family residence.

Vendor means any person, or entity selling alcoholic beverages as defined in this chapter at retail or directly to the consumer.

Vested right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

Visual screen means a physical obstruction used to separate two areas or uses which are at least 90 percent opaque. Visual screens shall be living plant material, natural or manmade construction material or any combination thereof.

Wireless support service facilities means any facility that transmits and/or receives signals by electromagnetic or optical means, including antennas, microwave dishes, horns, or similar types of equipment, towers or similar structures supporting such equipment, and equipment buildings.

Yard means an open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except as may be specifically provided in this chapter. Yards are measured perpendicular from the respective property lines and street lines.

Yard, corner side means the street side yard of a corner lot.

Yard, front means a yard across the full width of the lot, extending from the front street line to the front of the principal building on the lot.

Yard, interior side means a yard situated between the building and the side line of the lot and extending between the front yard and the rear yard. Any lot line, other than the rear lot line and the front lot line, shall be deemed a side line.

Yard, rear means a yard extending across the full width of a lot and lying between a rear lot line of the lot and the nearest point of the building. In the case of corner lots, the rear yard shall be the yard opposite the front street line of the lot.

Yard, required means a yard of a minimum area or dimension that must be provided between the minimum setback line and the property line within a property.

Yard, street means a yard abutting a street.

Zero lot line development means dwellings arranged on individual lots as detached structures with one or more side wall on, or within five feet of a side property line.

Landscape Definitions

In addition to terms and words defined in this chapter, the following definitions shall be used for interpretation of landscape related regulations:

Caliper means, for trees under four inches in diameter, the trunk diameter measured at a height of six inches above the ground at the base of the trunk. For trees four inches and greater in diameter, the trunk diameter measured at 12 inches above the ground at the base of the trunk. For monocots, the trunk diameter measured at a height of one foot above the ground at the base of the trunk.

Diameter at breast height (DBH) means the diameter of a tree's trunk in inches, measured 4½ feet (breast height) above ground level at the base of the trunk. For trees with less than four and one-half feet of clear trunk, the diameter of the largest leader shall be measured at breast height. For trees with multiple trunks, the diameter of the individual trunks shall be measured at breast height.

Controlled plant species means those plant species listed in the landscape manual which tend to become nuisances because of their ability to invade proximal native plant communities or native habitats, but which, if located and cultivated properly may be useful or functional as elements of landscape design

Crown thinning means the thinning of mature shade tree crowns for the purpose of improving light infiltration or the reduction of wind resistance.

Drip line means the outside end of the longest branches of a tree (those that extend the furthest from the trunk) projected vertically to the ground.

Drip line encroachment means any activity that has the effect of causing soil compaction, injury to lower limbs, grade change, contamination of soil, or damage to the root system. Specifically, this definition includes acts such as parking of vehicles, use of heavy earth moving or grading equipment, placement of construction materials, excavation and filling, trenching and the exposure of paints, oils or chemicals within a tree's drip line. Specifically excluded from this definition are routine maintenance activities such as mowing or walking within the tree's drip line.

Drip line encroachment plan means a plan that must be presented as part of the tree permit for all trees whose drip line is planned to be encroached upon by any construction, excavation, fill or other activities associated with the development of the site. Drip line encroachment plans are comprised of:

(1)

Designation of each tree subject to any drip line encroachment;

(2)

The reasons for the encroachment;

(3)

Detailed description of the proposed efforts to protect the tree from damage due to the encroachment; and

(4)

A plan to ensure its survivability as described in the builder's manual of the Florida Department of Agriculture.

Florida friendly landscaping means practices, materials or actions developed by the Florida yards and neighborhood program that help to preserve Florida's natural resources and protect the environment.

Florida yards and neighborhood program means a partnership of the University of Florida/Institute of Food and Agricultural Sciences, Florida's water management districts, the Florida Department of Environmental Protection, the National Estuary Program, the Florida Sea Grant College Program and other agencies, managed locally by the Miami-Dade Cooperative Extension Division of the Consumer Services Department.

Energy conservation zone means a zone located no more than 22 feet from a structure in a 180-degree band from due east of the northeast point of the structure, to due south, to due west of the northwest point of the structure.

Environmentally endangered land means lands that contain natural forest, wetland or native plant communities, rare and endangered plants and animals, endemic species, endangered species habitat, a diversity of species, outstanding geologic or other natural features, or land which functions as an integral and sustaining component of an existing ecosystem.

Equivalent replacement means the replacement of a removed or damaged tree to compensate for that tree's removal or its damage either with one tree the same diameter or a combination of smaller trees that will equal that removed tree's DBH as defined herein. The minimums established in the landscape code of the City of Miami Gardens for tree planting may not count toward the equivalent replacement amount established here. The replacement species shall be trees of similar species to those removed as approved by the planning and zoning and/or public works department.

Equivalent value means an amount of money, which reflects the fair market value of the required replacement trees. The current market price of replacement trees shall be established annually by the public works department, and shall be based on published trade wholesale price lists with the appropriate multiplier which represents maintenance, installation, warranty and other costs.

Hatrack means to flat-cut the top of a tree, severing the leader or leaders, or the removal of any branch three inches or greater in diameter at any point other than the branch collar.

Hazard pruning means the removal of dead, diseased, decayed, or obviously weak branches two inches in diameter or greater.

Heat island means an unnaturally high temperature microclimate resulting from radiation from unshaded impervious surfaces.

Hedge means an evenly spaced planting of shrubs to form a compact, dense, visually opaque living barrier or screen. Plantings designated or required as "hedges" must consist of plants spaced so that they will be tip to tip within six months of the time of planting.

Historic tree means a tree which has been determined by the city council to be of notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the city.

Irrigation means the supply of water to landscaped areas by an automatic or manual sprinkler system, or by some other means.

Land clearing means the indiscriminate removal of trees, shrubs and/or undergrowth by stripping or any other process, with the intention of preparing real property for non-agricultural development purposes. This definition shall not include: the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead or nuisance trees; or normal mowing operations.

Landscape manual means the official listing of acceptable and prohibited plant materials and practices maintained by the administrative official.

Landscaping material means any of the following or a combination thereof such as, but not limited to: grass, ground cover, shrubs, vines, hedges, trees or palms; non-living materials such as rocks, pebbles, sand, mulch but not including paving.

Landscape plan means a plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, and details, and all other relevant information in compliance with this chapter.

Lawn area means an area planted with lawn grasses.

Mulch means an organic material that does not contain arsenic products, such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent erosion, control weeds, enrich the soil and lower soil temperature.

Nuisance plants, trees means plants identified as nuisance species in the city's landscape manual.

Plant means an organism of the vegetable kingdom having cellulose cell walls, growing by synthesis of inorganic substances, and lacking the power of locomotion.

Prohibited plant species means those plant species listed in the city's landscape manual as being demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare.

Protected tree means a tree which has been determined by resolution of the city council or their designee to be of high value because of its type, size or other criteria and which has been so designated as part of the official records of the city.

Shrub means a self-supporting woody perennial plant normally growing to a height of more than two feet but less than ten feet, characterized by multiple stems and branches continuous from the base.

Specimen tree is defined per subsection 34-447(d)(2)(a).

Stabilized lawn area means an area of ground underlain with structural support in the form of grass pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks and garbage trucks.

Street tree means trees that are planted or required to be planted within the swales and medians of street rights-of-way, and immediately adjacent to street rights-of-way upon private property.

Tree means any living, self-supporting woody perennial plant which at maturity attains a trunk diameter of at least three inches or more when measured at a point four and one-half feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.

Tree abuse means destroying the natural habit of growth which causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species, or is a danger to the public or property, except as required for the purpose of public safety.

Tree canopy means the aerial extent of the branches and foliage of a tree as defined by the drip line.

Tree relocation means to transplant a tree from one location to another either horizontally or vertically.

Tree removal means to permanently remove the trunk and/or root system of a tree.

Tree survey means a sealed survey prepared by a Florida licensed landscape architect or land surveyor which shows, in addition to all boundary information, the exact location, size, botanical and common name, and diameter of all trees at least three inches in diameter measured four and one-half feet above ground level within the area affected by the development. The tree species noted on the tree survey shall be certified by a landscape architect.

Understory means the plant life existing under a tree canopy including ferns, bushes and groundcovers.

Vine means a plant with a flexible stem which normally requires support to reach mature form.

Xeriscape means a type of landscaping utilizing native plants and ground cover that minimizes the use of water, and which is detailed in the city's landscape manual.

(Ord. No. 2010-10-218, § 2(19-30), 4-7-2010; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2018-03-384, § 5, 2-14-2018; Ord. No. 2018-13-394, § 2(Exh. A), 7-25-2018; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019; Ord. No. 2023-009-465, § 2, 9-27-2023; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

(a)

This list includes activities customary to the use. Uses not specifically listed as permitted, or found to the similar or customary with permitted uses, shall be prohibited.

(b)

This use list shall include all those related uses, but shall be limited to the list of related uses. In the determination of uses not specifically listed, the administrative official shall make the determination as to the appropriate category or deem the use prohibited.

(c)

The following definitions are provided for convenience. In case of conflict with the definitions in sections 34-287 and 34-288, sections 34-287 and 34-288 shall prevail.

APPENDIX A. MASTER USE LIST AND USE DEFINITIONS

(Ord. No. 2010-10-218, § 2(19-30), 4-7-2010; Ord. No. 2010-14-222, § 7, 6-9-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2013-07-295, § 2(exh. A), 4-24-2013; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2015-05-335, § 4, 5-27-2015; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)