(a)

For purposes 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. A secondary residence, garage, tiki hut, storage shed or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. Also see Guesthouse.

(2)

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.

(3)

Active uses. Uses which tend to have or encourage interaction between the use and pedestrians, including entering or exiting the establishment, and observing activity and/or merchandise inside the use from the street. Examples includes retail establishments, restaurants, bars and pubs, post offices, etc.

(3.5)

Administrative Official. The Town Manager or his/her designee.

(4)

Aged person. 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.

(5)

Alcoholic beverages. The term "alcoholic beverages" shall be as defined by F.S. § 561.01(4).

(6)

Alley. A narrow thoroughfare dedicated or used for public passageway up to 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.

(7)

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.

(8)

Amusement center. Any indoor place or enclosure which 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.

(9)

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.

(10)

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

(11)

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

a.

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;

b.

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;

c.

Monopole. A tower of a single-pole design; and

d.

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

(12)

Apartment. 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 kitchen facilities for the exclusive use of the one family.

(13)

Apartment building. A 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.

(14)

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.

(15)

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.

(16)

Arterial highway. Highways enumerated in Section 33-133 of the Miami-Dade County Code.

(16.5)

Awning means a detachable, roof like cover, supported from the walls of a building for protection from sun or weather.

(17)

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.

(18)

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."

(19)

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.

(20)

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

(21)

Beer. The word "beer" shall be as defined in F.S. § 563.01.

(22)

Block. A block shall be deemed to be all that property frontage along one 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.

(23)

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 Town of Miami Lakes Official Zoning Map referenced in Section 13-4.

(24)

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.

(25)

Building height. The height of a building with a gabled or hip roof shall be the vertical distance measured from the average elevation of the finished building site to the top of the roof of the uppermost story. The height of a building with a flat or nearly flat roof shall be measured from the footing as stated above 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.

(26)

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.

(27)

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

(28)

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

(29)

Bungalow villas. A bungalow villa is a group of ten or more one-story dwelling units containing not more than two single-family units per structure, located on one 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 ownership.

(30)

Business. See Place of business.

(31)

Cabaret. The term shall mean a place of business other than a "night club" located in a hotel or motel having 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.

(32)

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

(33)

Call center. A centralized business office used for the purpose of receiving and transmitting a large volume of requests by telephone, operated by a company to administer incoming product support or information inquiries from consumers. Includes outgoing calls for, but not limited to, telemarketing, clientele, product services and debt collection.

(33.5)

Canopy means a covering that provides protection against the sun or weather that is installed on a frame, which may be made of metal, wood or other rigid material and supported both by posts attached to the ground, deck or floor of a building and, by the wall of the building.

(34)

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.

(35)

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.

(36)

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

(37)

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.

(38)

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

(39)

Common area. A room or designated area within a building or complex buildings zoned for residential use served by shared or public parking areas, which is reserved for the exclusive use of the residents of the building or complex and their invited guests, and is an accessory use to the primarily residential use of such buildings.

(39.1)

Community residential home. Shall have the meaning as defined in Florida Statutes, as may be amended from time to time.

(40)

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

(41)

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 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 the square footage of such uses does not exceed ten percent of the total square footage of the facility.

(42)

Convalescent home. A facility intended to provide 24-hour, temporary rehabilitative care for a range of medical purposes such as recovery from illness, post-surgery care, substance abuse and similar purposes. Ancillary recreational and personal care for resident patients is included.

(43)

Court, bungalow. See Bungalow court.

(44)

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

(45)

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

(46)

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 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. After March 21, 1972, 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 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.

(47)

Department. Unless otherwise specified within this chapter, department shall mean the Department of Planning and Zoning.

(48)

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.

(49)

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

(50)

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

(51)

Director. The word "Director" shall mean the Director of the Department of Planning and Zoning or designee, unless the context clearly indicates otherwise.

(52)

Dispense or dispensing. The transfer of possession of one or more doses of a controlled substance identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355, as may be amended from time to time, by a pharmacist, health care practitioner or any other person to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user.

(53)

Dog kennel. The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in a dog hospital, dog beauty parlor or pet shop, as permitted by law, or the keeping of five or more dogs, six months or older, on premises used for residential purposes, or the keeping of more than one dog on vacant property or on property used for business or commercial purposes, shall constitute a kennel.

(54)

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

(55)

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

(56)

Drugstore. A retail establishment which includes a pharmacy and which may offer other accessory services such as photo processing, eyeglass care, etc., but in which no more than 30 percent of the gross floor area of the establishment is utilized for prescription drug storage, dispensing or prescription drug related customer service area.

(57)

Dwelling, one-family. A private residence building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilating, heating or lighting are designed for the use of one family only.

(58)

Dwelling, duplex. A residence building designed for, or used as the separate homes or residences of two separate and distinct families, but having the appearance of a single-family dwelling house. Each individual unit in the duplex shall comply with the definition for a one-family dwelling.

(59)

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 F.S. ch. 403.

(60)

Estate. Any residential site comprising an area of one acre or more shall come within the meaning of the word "estate".

(60.5)

Executive office center. A business that sublets individual offices from a larger suite of offices, and provides services to the tenants of the individual offices, such as telephone answering, reception services, common printing and business machine facilities, common meeting room and break room facilities, mail facilities and services and similar. This arrangement is also commonly known by such names as open plan office, serviced office, business center, flexible office, office hoteling and other such names.

(61)

Family. One person, or group of two or more persons living together and interrelated by blood, marriage or legal adoption, occupying a dwelling unit designed as a single-family use, as a separate housekeeping unit with a single set of kitchen facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants.

(62)

Filling station. See Gas station.

(63)

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

(64)

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

(65)

Fruit and vegetable stand. Any portable establishment for the retail sale of locally grown fresh fruit and vegetables and food products derived from such fruit and vegetables.

(66)

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

(67)

Garage, mechanical. See Garage, public.

(68)

Garage, private. A structure not larger than 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.

(69)

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.

(70)

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.

(71)

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

(72)

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.

(73)

Gridiron system. A rectangular system of street and blocks.

(73.5)

Grocery store. An establishment primarily engaged in selling raw and packaged food for at-home consumption, including establishments commonly known as grocery stores, supermarkets, fruit stores, health food stores, meat and fish markets and similar food stores.

(74)

Group home. A dwelling unit licensed by the State of Florida Department of Health and Rehabilitative Services which is licensed to serve resident clients and which provides a living environment for not more than six 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 in said count.

(75)

Guesthouse. A single-family building in the rear yard area of a residence which is not occupied year-round, but which is used as temporary residence, only. Such a building shall conform to the requirements for accessory buildings, except that a sink, bathtub and cooking facilities may be provided. Only nonpaying and personal guests of the occupant of the principal residence shall occupy a guesthouse. Year-round occupancy shall not be permitted by the same guest, nor shall the owner occupy the guesthouse and rent the principal residence.

(76)

Height of building. See Building height.

(77)

Highway. Any public thoroughfare wider than 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 Arterial highway.

(78)

Home office. An office designed for and operated as a home occupation/office location in a dwelling unit, and carried on by a person residing in the dwelling unit involving only written correspondence, telephones, computers, or other common office equipment, and which is clearly ancillary and secondary to the use of the dwelling for residential purposes. A home office shall preclude any business operation which requires or permits customers or patrons to visit the dwelling. The incidental taking of office work home and completing same, by a person having a business address other than the residence, shall not constitute the establishment of a home office and shall continue to be permitted in conjunction with a residential use without regard to the provisions of Section 13-1602 of this chapter. It is further provided that an office use ancillary to a permitted, bona fide agricultural use shall not constitute a home office.

(79)

Hospital. An institution licensed by the State of Florida that (1) offers services more intensive than those required for room, board, personal services and general nursing care; (2) 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; and (3) regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. A hospital may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.

(80)

Hotel. A building in which lodging, or boarding and lodging, are provided as the more or less temporary residence of individuals who are lodged therein and in which ingress and egress to and from all rooms are made through an inside lobby supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boarding, lodging house or an apartment building. Keys to the rooms and mail for the occupant of the hotel are received and generally kept by the attendant at the desk in the lobby. Daily linen service and other normal and customary hotel services shall be offered to the individuals lodged therein. No more than five percent of the individual hotel units shall be occupied for more than six months. Kitchen facilities in individual units may be offered.

(81)

Institution or asylum. A facility dedicated to the custody, care, treatment, or provision of services for individuals overtly of harm to themselves or others, criminals or the chemically dependent, or a philanthropic or welfare institution not otherwise classified as a hospital, nursing facility or special residential facility.

(82)

Intoxicating liquors. For the purpose of this chapter, "intoxicating liquors" shall be as defined in F.S. § 561.01(8).

(83)

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.

(84)

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.

(85)

Light truck. A truck having a net vehicle weight not to exceed 5,000 pounds.

(86)

Lot. Parcel of land shown on a recorded plat or any piece of land described by a legally recorded deed.

(87)

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

(88)

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

(89)

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.

(90)

Lot lines, front. In the case of a lot abutting upon only one 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 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.

(91)

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.

(92)

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.

(93)

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 along the rear property line as required by the plat.

(94)

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 and the Director of Public Works.

(95)

Medical office or clinic. An establishment where patients, who are not lodged overnight except for observation or emergency treatment, are admitted for examination and treatment by a person or group of persons practicing any form of healing or health-building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, surgeons, acupuncturists, podiatrist, psychiatrists, or any such profession, the practice of which is lawful in the State of Florida. Medical office or clinic specifically excludes pain management clinics, as defined in this chapter, regardless [of] whether such clinics are registered with the State of Florida. Pharmacies are not medical offices or clinics.

(96)

Mentally ill. 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 retardation or developmental disability, simple intoxication, or conditions manifested only by antisocial behavior or drug addiction.

(97)

Mobile home (trailer). A nonself-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 of the Florida Building Code, but shall not otherwise be permanently secured to a foundation.

(98)

Motel. A building or a group of two or more buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten residential units or rooms which shall generally have direct, private openings to a street, drive, court, patio, or the like.

(99)

Multiple-family housing development or project. Three or more single-family buildings, or more than one two-family building or more than one multiple-family building on a building site, or any combination thereof.

(100)

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

(100)

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

(100.5)

Neighborhood Organization. A group consisting of 15 or more individual property owners or residents who register with the Town for notification pursuant to Section 13-309.

(101)

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.

(102)

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

(103)

Night club. Any place of business located within any building or establishment under one roof and on one floor, established and operated for the purpose of supplying entertainment or music, or both, and providing meals and refreshments prepared on the premises, having a seating capacity of not less than 40 people at tables; having an aggregate floor space of not less than 2,200 square feet, and providing a dance floor containing not less than 308 square feet; such floor space providing for dancing to be free from chairs, tables or other obstructions at all times.

(104)

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.

(105)

Office (office building). An establishment, or building, providing executive, management, administrative or professional services, but not involving the sale of merchandise except as incidental to a permitted use, and as regulated by other sections of the Code, and not involving medical services or the sale or prescription of controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035 or 893.0355. Typical uses include, but are not limited to, real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering services, telephone marketing, professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions, interior decorating consulting services, and business offices of private companies, utility companies, public agencies, trade associations, unions, and nonprofit organizations.

(106)

Outparcel. A parcel of land designated on a plat or site plan for one or more freestanding nonresidential buildings, where said parcel is adjacent to a right-of-way or property line and is located in front of a principal commercial development or may be owned, leased or rented to any entity other than the entity owning the principal development.

(107)

Official right-of-way. This term shall be interpreted to mean the zoned right-of-way width as established in this chapter or the Town of Miami Lakes Comprehensive Plan.

(108)

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.

(109)

Pain management clinic. Any type of medical office, clinic, or facility which advertises in any medium for any type of pain-management services, or employs a physician or an osteopathic physician on-site, who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications and/or which is required to be registered with the State of Florida Department of Health pursuant to F.S. § 458.3265 or 459.0137, with the exception of the following:

a.

A clinic that is licensed as a facility pursuant to F.S. ch. 395.

b.

A facility in which the majority of physicians who provide services in the clinic primary provide surgical services.

c.

A clinic that is owned and operated by a publicly held corporation which corporation's shares are traded on a national exchange or on the over-the-counter stock market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50,000,000.00.

d.

A clinic that is affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

e.

A clinic that does not prescribe or dispense controlled substances for the treatment of pain;

f.

A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. § 501(c).

A physician is deemed to be primarily engaged in the treatment of pain where the physician is prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic, nonmalignant pain. Chronic, nonmalignant pain is pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery.

(110)

Pharmacy. Any establishment where medicinal drugs are compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an outpatient basis.

(111)

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

(112)

Pigeon loft, noncommercial. The maintenance of not more than 50 carrier or racing pigeons for the purpose of engaging in the hobby of racing pigeons for sport.

(113)

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

(114)

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

(115)

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

(116)

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

(117)

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

(118)

Prescribing practitioner. Any health care practitioner licensed to prescribe controlled substances identified in Schedule II, III, or IV in F.S. § 893.03, 893.035, or 893.0355, as may be amended from time to time.

(119)

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.

(119.5)

Place of public assembly. An area, facility or structure used for a group or gathering, for a particular purpose, whether for profit or not for profit, such as auditorium, school, theatre, movie theatre, private club, lodge, fraternities, sororities, church, religious facilities, and place of worship, excluding hotels, motels and apartments.

(120)

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.

(121)

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

(122)

Residential. The term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein.

(123)

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.

(124)

Retail. An establishment, serving a limited market area and engaged in the retail sale or rental, from the premises, of frequently or recurrently needed items for household use, but which shall not include any establishment which meets the definition of "pharmacy" as provided in this section. Typical uses include apparel stores, bakeries and delicatessens that sell all food prepared at retail on the premises, candy stores, florists, garden supply stores, gift shops, grocery stores, hardware stores, hobby supply shops, ice cream shops, meat markets other than fish or seafood, jewelry stores, music and video tape rental stores, pet supply and grooming, souvenir shops, variety and general merchandise stores.

(125)

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.

(126)

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.

(127)

Rooming house. A residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to less than five transient or permanent guests or tenants and in which less than five and more than three rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building in connection therewith.

(128)

Screen enclosure. A frame erected of metal or wood spaced and constructed in accordance with the 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 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.

(129)

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

(130)

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.

(130.5)

Self-service storage facility. A fully enclosed space used for warehousing which contains individual storage units, each with a floor area no greater than 400 square feet and an interior height not to exceed 12 feet.

(131)

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

(132)

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.

(134)

Service station. See Gas station.

(135)

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 or more lots under one ownership are used, the exterior property line so grouped shall be used in determining offsets.

(136)

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

(137)

Special event. An event, other than the permanent land use on a site, upon any parts or portions of public lands, or upon private lands in the Town when members of the public are invited as participants or spectators and which may include such activities as dancing, entertainment, dramatic presentations, art exhibitions, races, walk-a-thons, parades, the sale of merchandise, food, alcoholic beverages, and similar gatherings that take place on a single day or a succession of days. Provided, however, that the Town's Park Rules and Regulations shall govern whether an activity within a Town park will be considered a special event.

(138)

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

(139)

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 Town Ordinance No. 10-122, as may be amended from time to time, shall not be considered a story.

(140)

Street. See Highway.

(141)

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.

(142)

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.

(143)

Subdivision. A division of a lot, tract or parcel of land or water into two 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.

(144)

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

(145)

Tent. Any structure or enclosure, the roof or one-half 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.

(146)

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.

(147)

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

(148)

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

(149)

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 of the Florida Building Code, but shall not otherwise be permanently secured to a foundation.

(150)

Trailer camps. See Tourist park.

(151)

Trailer park. See Tourist park.

(152)

Reserved.

(153)

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

(154)

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

(155)

Utility shed. An accessory detached storage building.

(156)

Vehicle. A conveyance for persons or materials.

(157)

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

(158)

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.

(159)

Wine. The word "wine" shall be as defined in F.S. § 461.01(4).

(160)

Wireless supported services. Wireless services including, but not limited to, personal wireless services (as defined in 47 United States Code, 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.

(161)

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.

(162)

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.

(163)

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

(164)

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

(165)

Zoning Official. The Zoning Official shall be the Administrative Official.

(b)

All references in this chapter to "Chapter 18A" are to Chapter 18A of the Code of Metropolitan Miami-Dade County as the same existed on December 5, 2000, and subsequently amended by the Town.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013; Ord. No. 13-159, § 2, 9-10-2013; Ord. No. 15-184, § 3, 9-1-2015; Ord. No. 14-170, § 2, 2-10-2014; Ord. No. 20-262, § 2(Exh. A), 5-19-2020; Ord. No. 20-271, § 2, 11-17-2020)

(a)

This chapter, the Town of Miami Lakes Land Development Code, is enacted pursuant to the requirements and authority of F.S. ch. 163, part II (F.S. § 163.2501 et seq., Community Planning Act), the general powers confirmed in F.S. ch. 166 (Municipal Home Rule Powers Act), the Town Charter and the Constitution of the State.

(b)

This chapter shall apply to all development, including redevelopment or changes in land use, throughout the Town. No development, redevelopment or change in land use shall be undertaken without prior authorization pursuant to this Code.

(c)

When used within this chapter, unless the context indicates otherwise, the term "this chapter" refers to the Town of Miami Lakes Land Development Code.

(d)

It is the purpose of this chapter to establish comprehensive controls and management for the use of land and water within the Town; to preserve the unique Town character; and to protect, promote and improve the public health, safety, comfort, order, appearance, convenience, and general welfare of the people within the Town.

(LDC 2008, Div. 1.1; Ord. No. 08-102, § 2(Div. 1.1), 6-17-2008)

This chapter is established to implement, and be based upon, the Comprehensive Plan in a manner consistent with F.S. § 163.3201.

(LDC 2008, Div. 1.2; Ord. No. 08-102, § 2(Div. 1.2), 6-17-2008)

The Town is hereby divided into zoning districts, as shown on the Official Zoning Map and described in this Code. The Official Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. The Official Zoning Map is the official record of the zoning status of property within the Town. It shall be maintained in the Town offices and shall be identified by the signature of the Mayor, attested to by the Town Clerk, and bear the seal of the Town.

(LDC 2008, Div. 1.3; Ord. No. 08-102, § 2(Div. 1.3), 6-17-2008)

All development, redevelopment, alterations, change of use, and change in soil contour, including fill, shall comply with the requirements of the Town Comprehensive Plan and this chapter. A development order shall only be permitted if it complies and is consistent with the goals, objectives and policies of the Comprehensive Plan and this chapter.

(LDC 2008, Div. 1.4; Ord. No. 08-102, § 2(Div. 1.4), 6-17-2008)