(A)

The following rules for the construction of language shall apply to the text of this Code:

(1)

The particular shall control the general. In case of any difference of meaning or implication between the text of this Code and any caption, illustration or summary table, the text shall control.

(2)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(3)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural and the plural shall include the singular, unless the context clearly indicates the contrary.

(4)

A "building" or "structure" includes any part thereof.

(5)

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(6)

Where a regulation involves two (2) or more items, conditions, provisions, or events connected to the conjunction, the conjunction shall be interpreted as follows:

(a)

And indicates that all the connected items, conditions, provisions or events shall apply.

(b)

Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(c)

Either...or indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

(7)

The word "includes" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind of character.

For the purpose of enforcing and administering this Code, the following words shall have the definitions and meanings herein ascribed (see additional definitions in Article XIII, Signs):

Abandon: To vacate a structure or discontinue a use for more than one hundred eighty (180) consecutive days.

Accessory use or structure: A use or structure on the same lot or parcel with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Accessway: A driveway which traverses the perimeter of a vehicular use area, connecting said area with and providing access to an abutting street, alley or other vehicular use area.

Acre: A parcel of land or water which has a horizontal plane area of forty-three thousand five hundred sixty (43,560) square feet.

Acreage, net: The horizontal plane area of a lot or parcel of land, exclusive of public road rights-of-way, public use area dedications, water areas, and any easement constituting a substantial impairment of the fee.

Alley: A through public right-of-way less than the minimum required street width which affords only a secondary means of access to abutting property and commonly located to the rear or side of a property.

Alteration: Any change, rearrangement, enlargement, extension, reduction of any structure or part thereof on the same site.

Animal boarding: Animal boarding means and includes every place kept or maintained for the care, grooming, and socializing of household pets for any amount of time by a person other than the owner of the live animal. An animal boarding facility may also offer animal day care services. Animal boarding does not include facilities that provide breeding of animals, selling of animals, or facilities whose primary source of revenue is licensed veterinarian services.

Animal hospital: A facility which provides for the medical and surgical care of animals.

Automobile repair shop: A commercial establishment wherein the major repair of vehicles and vehicle related accessories is conducted. The sale of fuels and motor oils and the rental of trailers may be permitted.

Automotive sales and rental uses: Automobile sales and indoor display (new and used), automobile parts and accessories, automobile radio and cb sales; automobile rental and leasing agencies; motorcycle sales and moped rental; and other similar type businesses not enumerated in the same or higher intensity zoning district.

Awning: A detachable canvas or other cloth protection against sun or weather on a rigid metal frame and supported entirely from the walls of a building.

Bahama shutters: A single shutter that covers a window that is hinged at the top and has standoffs on the sides to hold them opened.

Bake shop: A commercial establishment of not more than three thousand (3,000) square feet in gross floor area which bakes, serves and sells at the same single location only at retail to the general public, products of a bread or pastry nature.

Bakery: An establishment of a retail, wholesale or manufacturing nature, which sells to the general public, distributes to other retail establishments for resale or bakes products of a bread or pastry nature.

Balcony: A floor area extension beyond the façade of a building which is open to the elements on at least one side.

Bar: See Lounge.

Boats and marine uses: May include but not limited to: boat sales and display; commercial marinas; marine supply stores; and other similar type businesses not enumerated in a higher intensity zoning district.

Building: Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter or protection of persons, animals, or property of any kind.

Building area: That part of a parcel of land designed to be occupied by the principal building and such accessory buildings or uses customarily incidental to it.

Building height: The vertical distance above the centerline of the adjacent fronting road to the highest point of the building, except that in a Special Flood Hazard Area (SFHA) the building height shall be measured from the minimum finished flood elevation required in the SFHA, less those structures permitted elsewhere in these regulations to extend beyond the height of the building. This definition shall apply to all zoning districts regardless of language to the contrary.

Caliper, tree: The diameter at breast height (DBH) of the trunk of a tree four and one-half (4½) feet above the ground.

Camping trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.

Canopy: A temporary, detachable canvas or other cloth protection against sun or weather, on a rigid metal frame supported entirely or in part by wooden or metal posts attached to the ground or deck, floor or parapet of the building.

Cargo (metal shipping) containers: A large reusable receptacle in which material is held and carried in a single shipment by air, ground or sea transportation, with or without wheels.

Carport: A canopy or roof-life structure that is attached to or abuts a principal structure and open on three (3) sides for the purpose of providing shelter for one (1) or more vehicles.

City Council: The City Council of the City of North Miami Beach.

Clinic: A medical facility, which provides for both inpatient and outpatient treatment and has overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the State of Florida.

Clinic, pain management: A type of medical office providing a variety of personal services by an on-site licensed medical professional and his or her staff which, individually or collectively, are intended to reduce or manage pain, and self advertises or identifies as such.

Common lot line: A line dividing one (1) lot or parcel from another.

Community care facility: Adult congregate living facilities, nursing homes, community residential homes with more than fourteen (14) residents, convalescent homes and similar facilities; must be licensed by Florida Department of Children and Families.

Community residential home: A dwelling unit licensed to serve clients of the Florida Department of Children and Families, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: children, the aged, physically disabled, handicapped, developmentally disabled, and mentally ill who do not constitute a direct threat to the health, property and safety of the neighborhood.

Comprehensive Plan Land Use Element: The adopted future land use plan element of the City of North Miami Beach Comprehensive Plan, which meets the requirements of the Local Government Comprehensive Planning Act, Section 163, Florida Statutes.

Conditional use: A use, which when specifically listed as such within the use district regulations, may be permitted with certain stipulated conditions that will serve to insure that said use will assimilate properly into its surrounding neighborhood without deleterious effects.

Convalescent home: See Nursing homes.

County commission: The board of County commissioners of Miami-Dade County.

Cul-de-sac: A public or private street or driveway having one (1) end permanently terminated. Said end shall be designed in a circular configuration providing a radius greater than that of the street right-of-way which can accommodate vehicular turning in one (1) continuous forward movement.

Day care center: An establishment which pro-vides for the care of more than five (5) children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care wherever operated and whether or not operated for profit. The term "day care center" shall include nurseries and kindergartens, but not foster homes or half-way houses.

Density, Gross: The number of dwelling units permitted divided by the acreage of the entire site, including privately owned internal roads, and environmentally protected land but excluding water bodies and submerged lands.

Density, Net: The number of dwelling units permitted, divided by the number of acres within the lot, excluding water bodies, submerged lands and internal roads. Unless otherwise specifically provided herein, permitted density is always expressed as dwelling units per net acre.

Development: The construction or reconstruction of a building or structure, the alteration of a building or structure so as to increase its size or capacity, the relocation of any existing building or structure on another parcel, the carrying out of any building or excavation operation or the making of any material change in the use or appearance of any structure or land, or the use of land for any uses, or any change of use or establishment of any new uses.

Development order: Any order granting, denying, or granting with conditions an application for a development permit.

Development permit: Any building permit, subdivision approval, rezoning, site plan, variance or other official action having the effect of permitting the development of land.

Development review: The process of reviewing applications for development to ascertain compliance with all land use controls, including permitted use and density, site plan review, landscaping and sign controls, to insure a high quality site design.

Director: The Director of Community Development who is charged with the interpretation, administration and enforcement of this Code.

Driveway: A private roadway which provides a primary means of access to off-street parking and loading spaces.

Dwelling: A single residential unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, eating, cooking and sanitation, and each dwelling is to be occupied exclusively by one (1) family.

Dwelling, single-family: A building containing one (1) dwelling unit or a group home. The latter is a dwelling unit licensed to serve clients of the Florida Department of Children and Families which provides a living environment for six (6) or less unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: children, the aged, physically disabled, handicapped, developmentally disabled and mentally ill who do not constitute a direct threat to the health, property and safety of the neighborhood.

Dwelling, two-family (duplex): A building containing two (2) dwelling units.

Dwelling, multifamily: A building containing three (3) or more dwelling units, including but not limited to those of an apartment, condominium, cooperative, rooming house or adult congregate living nature.

Dwelling, town house: Three (3) or more attached single family dwelling units, each of which is designed for or occupied by no more than one (1) family or household. Town houses shall be attached to one another by not more than two (2) party walls extending from the foundation to the roof and they shall provide two (2) direct means of access from the outside.

Easement: A grant by a property owner of the use of all or part of his land to another party for a specific purpose.

Establishment: A place of commercial or industrial enterprise with its furnishings and staff.

Façade: The entire building front, including the parapet.

Family: One (1) or more persons occupying a dwelling, not more than three (3) of whom are unrelated to each other by birth, adoption, or marriage, and who are living and cooking as a single household.

Family day care home: An DCF-licensed day care center for five (5) or less children during school hours and ten (10) during non-school hours.

Fence (wall): Any construction of wood, metal, wire mesh, masonry, or other material, erected for privacy, protection, ornamentation, enclosure or screening.

Final certificate of completion: An instrument issued by the building official certifying that all final inspections required for mobile homes, and motor vehicles used as housing, have been completed in accordance with state and local Codes and regulations and that occupancy is approved.

Floor area: The gross horizontal area of all floors, including but not limited to, enclosed porches, hallways, storage rooms, stairwells, breezeways, elevator shafts and utility rooms, measured from the exterior faces or columns of the exterior walls of a building or from the center line of a party wall separating two (2) adjacent uses or dwellings. Vehicular garages shall not be included in determining gross floor area.

Floor area ratio: Determined by dividing the gross floor area of the building (or buildings) on a lot by the area of that lot.

Food store: A commercial establishment which sells meats, beverages, produce and other food products at retail to the general public.

Food store, convenience: A food store which contains three thousand (3,000) square feet of gross floor area or less and usually maintains extended operating hours for the convenience of the public.

Frontage: The boundary line of a lot bordering on a public road right-of-way, exclusive of alleys and, in the case of a corner lot, any secondary street frontage.

Game rooms, sports and amusement facilities: May include but not be limited to: amusement arcades (indoor); billiard and poolrooms; bingo hall; bowling alleys; miniature golf courses; motion picture theaters, skating rinks, roller or ice; tennis and racquetball courts (indoor); and other similar type businesses not enumerated in the same or higher intensity zoning district.

Garage, private: An accessory building for the storage of vehicles owned and used by the occupants of the principal building to which it is accessory.

Garage, public: A building or structure for the temporary storage of vehicles, available to the public and operated for compensation.

Gazebo: A freestanding roofed accessory structure which is not enclosed, except for screening and which is utilized for the purposes of relaxation in conjunction with a residential dwelling.

Grade, finished: The finished elevation of a site after all fill, land balancing or site preparations have been completed. For the purposes of this article, the finished grade shall be the elevation from which all structural heights are measured.

Ground cover: Plant materials which reach a maximum height of not more than twelve (12) inches and which are used in lieu of grass. Ground cover must present a finished appearance and reasonably complete coverage at time of planting.

Hardware store: A commercial establishment which sells at retail to the general public goods and supplies which are generally employed in maintaining or improving dwellings and yards, but not including heavy construction supplies, such as raw lumber and cement materials.

Home improvement center: A commercial establishment which sells at retail to the general public goods and supplies which are generally employed in maintaining or improving dwellings and yards, including heavy construction materials such as raw lumber and cement materials, within a totally enclosed structure only.

Hospital: A medical facility, which provides for both inpatient and outpatient treatment and has overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the State of Florida.

Hotel: A hotel is any public lodging establishment containing sleeping room accommodations for twenty-five (25) or more guests and providing the services generally provided by a hotel and recognized as a hotel in the community in which it is situated or by the industry.

Household pet: Small common domestic animals (including fish) permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, canaries, parrots, parakeets, or goldfish.

Impervious area: A surface area that does not allow, or allows only with great difficulty, the penetration of water under normal surface pressure, causing runoff.

Junk: Inoperative, dilapidated, abandoned or wrecked materials, including, but not limited to, automobiles, trucks, tractors, wagons, boats and other kinds of vehicles and parts thereof, scrap materials, scrap building materials, scrap contractors' bottles, glass, old iron, machinery and the like.

Kennel: A structure or parcel of land where five (5) or more domestic animals, at least two (2) months of age, are bred, or sold.

Landscape materials: Living plant materials, such as but not limited to trees, grass, ground cover, shrubs, vines or hedges; and certain nonliving durable materials commonly used in landscaping, such as rocks, pebbles, sand, walls and fences, but not including paving.

Land use: The development that has occurred on the land, the development that may be proposed on the land, or the use that is permitted or permissible on the land under the City's future land use plan or land development regulations.

Lawn grass: All species normally grown as permanent lawns in Miami-Dade County. Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in areas subject to erosion. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases.

Light industrial uses: May include but not limited to: commercial bakeries; bottling plants; building trade shops: carpenters, electricians, masons, plasterers, plumbers, roofers and similar trades; carpet cleaners; cleaning services; dairy products processing; engravers and lithographers; furniture manufacturers; machine shops; ornamental ironworks; printing plants, publishers and bookbinders; sign shops; upholsterers; plant nurseries; service stations, as defined in Article II; and other similar type businesses not enumerated in the same or higher intensity zoning district.

Light reflectance value (LRV): The total quantity of useable and visible light reflected by a surface in all directions and at all wavelengths when illuminated by a light source.

Loading space: A space which provides for the loading or unloading of service vehicles.

Lot area: The horizontal plane area within the lot lines expressed in these regulations in square feet or acres, exclusive of public dedications but including privately-owned water areas.

Lot, corner: A lot abutting two (2) or more streets at their intersection.

Lot coverage: The area of the lot covered by the ground floor of all principal and accessory buildings, plus all areas covered by the roofs of such buildings as for example, covered porches.

Lot, depth: The average horizontal distance between the front and rear lot lines.

Lot, frontage: See Frontage.

Lot, interior: An interior lot is defined as a lot other than a corner lot, with only one (1) frontage on a street other than an alley.

Lot line: The legal boundary line of a lot.

Lot of record: A platted lot which is part of a subdivision recorded in the Official Records of Miami-Dade County.

Lot, through: A through lot is defined as a lot other than a corner lot, with frontage on more than one (1) street other than an alley. Through lots may also be referred to as double-frontage lots. For the purposes of this Code, front and rear yards for through lots shall be as determined by the Director based on the established character of the neighborhood.

Lot, width: The horizontal distance between the side lot lines measured along the front building setback line of the lot as determined by the prescribed front yard requirements of the zoning district.

Lounge: A commercial establishment devoted primarily to the sale of alcoholic beverages for consumption on premises.

Marijuana: Has the meaning given cannabis in Section 893.02(3), Florida Statutes, as amended and in addition, "Low-THC cannabis" as defined in Section 381.986, Florida Statutes, as amended, shall also be included in the meaning of the term "marijuana".

Mechanical and automotive equipment sales and service: May include but not limited to: air conditioning and refrigeration services; amusement equipment sales and service; plate glass sales and installation; swimming pool sales and service; car washes; vending machine sales and service; automobile, motorcycle and moped repair and service shops, including paint and body shops, recreational vehicle, truck, heavy equipment and other similar type businesses not enumerated in the same or higher intensity zoning district.

Mechanical equipment: Equipment for the use of functioning mechanical or electrical systems including but not limited to: heat pumps, air-conditioning units, pool pumps, solar collector panels, and permanently installed generators.

Medical marijuana dispensary: A business that sells or otherwise distributes marijuana to patients for medical use, along with any cultivation of marijuana associated with such sale or distribution. The term "medical marijuana dispensary" shall include medical marijuana dispensing facilities authorized by Florida law.

Medical marijuana treatment center: An entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department of Health or its successor agency.

Microbrewery, winery or distillery: A small-scale, licensed manufacturing establishment which produces, processes, ferments, rectifies or blends craft brews, ciders, wines or distilled spirits; may or may not offer tastings, and may or may not provide on-site sale and consumption of the products.

Mixed use development: A single project that is designed and developed for a mix of commercial (including office) and residential uses.

Mobile home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width and which is built on a metal frame and designed to be used as a permanent dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If fabricated after June 15, 1976, each section bears a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards. A travel trailer or motor home is not a mobile home.

Motel: A motel is any public lodging establishment which offers rental units with an exit to the outside of each rental unit, daily, weekly, or monthly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six (6) rental units, and which is recognized as a motel in the community in which it is situated or by the industry.

Motor home: A vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping or travel use.

Nonconforming building or structure: A building or structure lawfully existing at the time of the passage of this Code, which does not conform to the site development standards of floor area, height, lot coverage, yard setbacks, or other like requirements of this Code.

Nonconforming lot: A single lot, which was in existence at the time of the adoption of this Code, even though such lot fails to meet the requirements for area, width or depth, but provided that minimum yard dimensions and setbacks of the lot shall conform to the property regulations for nonconforming lots as hereinafter set forth.

Nonconforming use: A land use lawfully existing at the time of the passage of this Code, which is neither a permitted use nor a permitted conditional use within the zoning district in which it is located, according to the provisions of this Code.

Nontransient apartment or rooming house: A nontransient apartment or rooming house is a building or complex of buildings in which seventy-five (75%) percent or more of the units are available for rent to nontransient tenants.

Nursery: See Day care center.

Nursing home: See Community care facility.

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

Office: A building, room, or space wherein clerical, administrative or professional activities are performed.

Office, business and professional uses: May include, but not limited to: Abstract and title agencies, banks and financial institutions, non-financial brokerage services without outdoor on-premises display of products, credit reporting and collection agencies, accountants, architects, auditors, appraisers, city planners, economists, engineers, lawyers, doctors, dentists, chiropractors, optometrists, psychologists, and other similar licensed practitioners, drug/alcohol and violent/dangerous behavior counseling or treatment and veterinarians provided that there shall be no boarding (this does not include limited overnight medical treatment) and all activities relating to any such uses are conducted entirely within an air conditioned, soundproofed building and other similar type businesses not enumerated in the same or higher intensity zoning district.

Official zoning map: The official zoning map of the City of North Miami Beach which depicts the territorial application of zoning use districts as established within this Code.

Open space: Any portion of a parcel of land unencumbered by structures and all other impervious surfaces.

Open space, common: Any open space area which is owned and maintained by a cooperative, homeowners association, condominium association, or any other similar association, and available and accessible at all times to all members of such association.

Owner: Includes any person, firm, corporation or association controlling any property or vehicle by purchase, gift, lease or otherwise.

Parcel: For the purposes of these regulations, a parcel shall have frontage on a public street right-of-way or an officially approved private street easement. For zoning purposes, a parcel may consist of:

(a)

A single lot of record.

(b)

A combination of complete lots of record.

(c)

A combination of complete lots of record and portions of lots of record.

(d)

Portions of lots of record, provided that such lots or combinations of lots are sufficient size to meet the minimum requirements of the district in which located.

(e)

Land defined by metes and bounds description where such parcels are in conformity with these regulations.

Paint, base: Any single color surface area constituting twenty (20%) percent or more of the total surface area.

Paint, trim: Any single color surface area constituting less than twenty (20%) percent of total surface area. Trim includes, but is not limited to, fascia, window frames, door frames, doors, and eaves.

Parking lot: An open area used exclusively for the temporary transient storage of licensed private passenger vehicles, while their operators are engaged in other activities. It shall not include the display of new or used cars for sale, lease or rent.

Parking space: An area permanently designated in an off-street location for the temporary storage of one (1) vehicle. Said space shall be of specified dimensions as established elsewhere within this Code.

Pergola: An open structure consisting of columns or poles with a top constructed of cross beams that are spaced at least six (6) inches apart and may only be covered by plant material.

Permitted use: A specified purpose for which a parcel of land or a building may be used and maintained in accordance with the zoning use district regulations herein.

Personal services uses: Shops and stores providing personal services to consumers; may include but not be limited to, auto tag agencies, health and exercise studios including martial arts; laundries/self-serve coin operated provided that all activities related to such use are conducted entirely within an enclosed air-conditioned building; barber, beauty and skin care shops; check cashing; copying; tailors and seamstresses; dry cleaner drop-off and pick-up; locksmiths; watch repair; shoe repair; and other similar type businesses not enumerated in the same or higher intensity zoning district.

Pervious area: A surface area that allows, without great difficulty, penetration by water.

Pet shop: A commercial establishment dealing in dogs, cats, hamsters, birds, tropical fish and other small animal life which are commonly owned as domesticated household pets. Animals which have a generally accepted group reputation of hostile or dangerous inclinations toward humans, such as snakes and lions, shall not be maintained or sold on premises.

Pharmacy: A store or commercial establishment for retail sales and on-site dispensing of prescription drugs.

Place of public assembly: Any area where individuals gather together for a legislative, religious, social or educational purpose, whether publicly or privately owned and maintained including, but not limited to, public assembly buildings such as auditoriums, community centers, clubhouses, and lodges; and churches, synagogues and other similar places of worship or other facilities that are used for prayer and assembly by persons of similar beliefs, but not including uses listed specifically elsewhere in the Code.

Planned unit development: A means of land regulation which permits large scale unified land development, and which permits flexibility in the use and design of structures and land in situations where modifications of specific provisions of this chapter will not be contrary to its intent and purpose or significantly inconsistent with the planning on which it is based, and will not be harmful to the neighborhood in which they occur.

Planning and Zoning Board: The advisory body to the City Council with only those powers established within the City Charter, this Code and as may be granted to it by the City Council.

Plat of record: A plat which conforms to all requirements of the applicable laws of the State of Florida and this Code and has been filed and recorded in the applicable office of the Clerk of the Circuit Court.

Port-cochere: An attached roof-like structure extending from the entrance of a building over an adjacent driveway.

Property line: See Lot line.

Property owners' association: A nonprofit organization recognized as such under the laws of the State of Florida and operated under recorded land agreements through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is automatically subject to a charge for a prorated share of expenses, either direct or indirect charge, for maintaining common properties such as roads, parks, recreational areas, common areas or other similar properties. Within the text of this Code, a property owners' association is considered a single entity for property ownership.

Public lodging establishment: A hotel, motel, resort condominium, nontransient apartment, transient apartment, rooming house, bed and breakfast inn, or resort dwelling offering to the public or to members of an organization rooms, suites, apartments, or single-family dwellings for rent or lease for time periods less than three (3) months, and which may require licensing from an agency of the State of Florida.

Public notice: The legal advertisement given of an action or proposed action of a governing body or designee as set forth in these regulations or applicable statute of the State of Florida.

Recreational vehicle: A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own mode of power or are mounted on or are drawn by another vehicle.

Refacing: The orientation of a structure on a corner lot towards a street other than that which abuts the front of the lot.

Residential detoxification service: A service involving care that is provided on a short term (duration not to exceed ten (10) days), inpatient basis, in a structured live-in environment within a non-hospital setting, to assist individuals to withdraw from the physiological and emergent psychological effects of substance abuse.

Resort condominium: A resort condominium is any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar month, whichever is less.

Resort dwelling: A resort dwelling is any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit which is rented more than three (3) times in a calendar year for periods less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar month, whichever is less.

Restaurant: A commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, and consumed on premises.

Restaurant, fast food: A commercial establishment where food and beverages are primarily ordered from a wall menu, served at a take-out counter in disposable paper or plastic containers, and consumed both off and on premises.

Retail uses (general retail): Retail stores, involving the sale of merchandise to the end user; may include but not be limited to art supplies; antiques; apparel; bake shops; bicycles; bookstores; cameras; convenience stores; fabric and drapery; flooring; florists; furniture; hardware; groceries; jewelry; leather goods; lighting fixtures; newspapers and magazines; sporting goods; tobacco shops; toys; and other similar type businesses not enumerated in the same or higher intensity zoning district.

Right-of-way: The area of 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.

Rooming house: A rooming house is any public lodging establishment that may not be classified as a hotel, motel, resort condominium, nontransient apartment, bed and breakfast inn, or transient apartment under this section. A rooming house includes, but is not limited to, a boarding house.

Service station: A commercial establishment where products such as gasoline, oil, lubricants, tires, batteries and automobile accessories are sold to the motoring public. A service station may also provide for the replacement of minor vehicle parts, such as spark plugs, batteries, mufflers, water hoses, fan belts, windshield wipers, brake fluid, light bulbs, wheel bearings and fuel pumps and the conduct of minor servicing activities, such as washing, polishing, lubricating, front end alignment, wheel balancing, cooling system maintenance and minor engine tune-ups.

Setback: See Yard setback.

Site plan review: That portion of the development review process which deals with a qualitative and quantitative review and evaluation of the internal physical arrangements of and relationships between uses, structures, vehicular use areas, and landscape elements.

Stacking space: A space enclosed by imaginary lines utilized as a waiting space by driver-occupied vehicles relating to drive-in or drive-thru commercial operations. Stacking spaces do not include the space or spaces utilized for rendering service to the vehicle's occupants or for required off-street parking.

Store, personal service: A commercial establishment which provides personal services directly to the consumer, such as a barber shop, beauty shop or dry cleaners, and which does not have as its primary function the sale of retail goods.

Store, retail: A commercial establishment which sells goods or products directly to the general public for compensation.

Store, wholesale: An establishment which, usually as an intermediate distributor, sells goods or products in bulk quantity to retail and personal service stores or other commercial establishments and does not deal directly with the ultimate consumer.

Street: Any public thoroughfare, street, avenue, boulevard, parkway or space which may or may not be dedicated or deeded to the public for public use and which affords the principal means of access to abutting property.

Street, arterial: As so classified in the Transportation Element of the City's Comprehensive Plan.

Street, collector: As so classified in the Transportation Element of the City's Comprehensive Plan.

Street, local: A street which primarily provides the direct access to individual properties.

Street, private: Any street existing at the time of adoption of this Code which has not been dedicated for public use and not accepted for ownership or maintenance by the City Council. After adoption of this Code, no new private streets may be created or approved, unless they are on property under single ownership, or are controlled by a property owners' association that has the obligation for complete control and maintenance.

Street, public: Any street designed to serve more than one (1) property owner which is dedicated to the public use and accepted for ownership and maintenance by the City Council.

Structure: Anything constructed, installed, or portable, or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires a more or less permanent location on a parcel of land, or which is attached to something having a permanent location on a parcel of land. It includes a movable structure, while it is located on land, which can be used for residential, business, office, or industrial purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs, unless specifically excluded elsewhere within this Code.

Subdivision: The division of real property into two (2) or more lots, parcels, tracts, blocks, sites, units or any other division of land, or if the establishment of new streets and alleys is involved, any division of such parcel. The term includes resubdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or areas subdivided.

Summer kitchen: An outdoor cooking facility not intended or used as the primary cooking facility or kitchen that may consist of, but is not limited to, an under counter refrigerator, grill, burner(s), rotisserie, smoker or sink.

Temporary portable storage structure: Any container designed for the temporary storage of equipment, furniture, clothing, merchandise or other personal or business belongings/property, which is typically rented to owners or occupants of property. Such container would be for their temporary use as part of the process of moving, relocating, building construction or renovation, or commercial use. Such container may typically be delivered and removed by truck as part of an intent to store items off-site at a commercial storage location.

Tent: Any structure or enclosure, the roof or one-half (½) or more of the sides, or both, of which are of silk, cotton, canvas, or a light material.

Transient apartment or rooming house: A transient apartment or rooming house is a building or complex of buildings in which more than twenty-five (25%) percent of the units are advertised or held out to the public as available for transient occupancy.

Travel trailer: A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use.

Truck camper: A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping or travel use.

Variance: The grant of a modification to all or part of the literal requirements of these regulations, which permits construction in a manner otherwise prohibited by these regulations.

Vehicle: A conveyance for persons or materials as may be licensed by the state.

Vehicular use area: All areas used for the circulation, parking or display of any and all types of vehicles, boats or heavy construction equipment, whether self-propelled or not, including those of a drive-in and drive-thru nature.

Veterinary clinic: See Animal hospital.

Waiver: A decision not to apply all or part of the literal requirements of these regulations, when certain standards, described in these regulations, are met.

Warehouse: A structure which is designed and used for the containment of bulk products or materials of either a dry or cold storage nature.

Warehousing and distribution uses: Warehouses and wholesale distribution uses, including but not limited to dry and cold storage, lumber, restaurant equipment; produce, linen supply, moving and transfer, and other similar type businesses not enumerated in the same or higher intensity zoning district.

Window, bay: A window which projects outside the main line of a building which does not extend below minimum finish floor elevation, and may be carried on brackets or corbels.

Yard: An open area between a building, structure or use and an adjoining lot line which shall be unoccupied and unobstructed by any building, structure or use from the ground up except as may be otherwise provided for in this Code.

Yard, front: A required yard extending across the full width of the lot or parcel and measured from the front line of the lot or parcel.

Yard, rear: A required yard extending across the full width of the lot or parcel and measured from the rear line of the lot or parcel.

Yard setback: The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining building setback when the interior common lot line is straddled by the principal structure.

Yard, side (corner): A required side yard which abuts a street.

Yard, side (interior): A required yard extending across the full depth of the lot or parcel from a side lot line which abuts an adjacent lot or parcel.

Zoning use district: An area within the City of North Miami Beach designated by a single zoning classification with uniform development regulations throughout.

(Ord. No. 92-9, § 2, 6/16/92; Ord. No. 2005-1, 3/15/05; Ord. No. 2006-01 § 2, 3, 2/21/06; Ord. No. 2007-12, 12/18/07; Ord. No. 2008-4 § 2, 3/4/08; Ord. No. 2008-11 § 2, 8/5/08; Ord. No. 2009-24 § 2, 11/17/09; Ord. No. 2011-1 § 2, 2/1/11; Ord. No. 2011-5 § 2, 4/26/11; Ord. No. 2011-9 § 2, 9/6/11; Ord. No. 2012-34, § 2, 1-2-13; Ord. No. 2016-14, § 2, 11-15-16; Ord. No. 2017-12, § 2, 1-16-18; Ord. No. 2018-7, § 2, 6-19-18; Ord. No. 2019-06, § 2, 11-19-19; Ord. No. 2024-02, § 2, 4-16-24)