The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property. This term shall relate to articles of personal property, including without limitation: Motor vehicles; trailers; boats or other vessels; refrigerators, washing and drying machines, or other machinery; and plumbing fixtures. The following criteria shall be considered in determining whether property has been abandoned, but no single criterion shall be conclusive:

(1)

Whether it has value other than nominal salvage value.

(2)

Whether it is in sufficient repair to perform its intended purpose.

(3)

Evidence of disrepair shall include missing, removed, or partially or completely dismantled parts; broken glass; or other signs of substantial deterioration.

(4)

In making evaluations under this subsection, the compliance officer may require the owner to demonstrate the operability of the article.

(5)

With regard to motor vehicles, trailers, or boats or other vessels, absence of a current license tag, decal, registration or inspection decal shall also be considered evidence under this subsection.

(6)

Evidence that the personal property was involved in a collision or other incident during which it was physically damaged and that it has not been repaired within a reasonable amount of time (within six months of incident causing the physical damage).

(7)

Evidence of vandalism to the personal property.

(8)

Evidence that the personal property has been left unprotected from the elements, including without limitation: growth of vegetation around the personal property; rust or other corrosion; the positioning of the personal property in other than an upright or operable manner; and vandalism.

(9)

Evidence that the article has not moved from its present location and position and no repair activity has taken place over a 72-hour period, including evidence that one or more tires have been raised from the ground on jacks, blocks, lifts, or other structures.

Abandoned property shall also be deemed "junk" within the meaning of this chapter.

(1)

A vehicle shall be presumed abandoned under any of the following circumstances: (1) the vehicle is physically in operable and/or is missing parts so that it is not maintained for driving, and (2) the vehicle does not bear any or all of the following: (a) a valid registration plate, or (b) a current certificate of inspection.

Abandoned vehicle. See "junk" and "abandoned property."

Accessory building shall mean a detached subordinate building or portion thereof, the use of which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main building or use. Where there is no main building on the lot, an accessory building shall be considered as a main building for the purpose of the height, area, and bulk regulations. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. See "guesthouse."

Accessory structure shall mean a subordinate structure detached from but located on the same lot as the principal building.

Accessory use shall mean a structure or use that:

(1)

Is subordinate in area, extent, and purpose to the principal use;

(2)

Contributes to the comfort, convenience or necessity of the principal use; and

(3)

Is located on the same lot and in the same zoning district as the principle use.

Accessory wireless equipment building shall mean 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.

Addition to an existing building shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, shall constitute new construction.

Adult congregate living facility shall mean any state licensed institution, building, residence, private home, boarding home, home for the aged, or other place whether operated for profit or not, which undertakes through its ownership or management to provide for a period exceeding 24 hours, one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services. A facility offering personal services for fewer than four adults shall be within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. See "community residential home."

Advertising signs shall mean a surface whereon advertising matter is set in public view, including reference to any use of premises whereon it is displayed or posted. Any sign which is not an accessory sign or which is not specifically limited to a special purpose by these regulations.

Aged person shall mean 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.

Alcoholic beverages as defined by F.S. § 561.01(4).

Alley shall mean a narrow thoroughfare dedicated or used for vehicular service access to the back or the side of properties otherwise abutting on a street 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.

Alteration shall mean 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.

Alteration structural shall mean any change, except for repair or replacement, in the supporting members of a building or structure, such as bearing walls, columns, floor or roof joists, beams or girders.

Amortization shall mean the ability of a landowner to recoup the value of a nonconforming use within a particular period of time prior to the use being terminated. See "nonconforming use."

Antennas shall mean a transmitting and/or receiving device mounted on a telecommunications tower, building or structure used in telecommunications (personal wireless) services, which includes but is not limited to telephonic, radio or television communications, that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips. It excludes radar antennas, amateur radio antennas and satellite earth stations.

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

Antenna support structure shall mean a facility that is constructed and designed primarily for the support of antennas, which includes but is not limited to the following types:

(1)

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;

(2)

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;

(3)

Monopole. A tower of a single pole design; and

(4)

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

Apartment shall mean 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.

Apartment unit shall mean a room, or group of rooms, occupied or intended to be occupied as separate living quarters by one family and containing independent cooking and sleeping facilities. This definition also encompasses condominium units. See "condominium units."

Apartment building shall mean a building which is used or intended to be used as a multi-family dwelling unit; 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.

Apartment, hotel shall mean any public lodging establishment which otherwise meets the definition of a hotel, but which also has units with kitchen equipment and housekeeping facilities. The sale, conveyance, or long term lease or sublease of five percent or more, cumulative of the units in a hotel or motel. See "hotel."

Archeological site shall mean a specific location that has yielded or is likely to yield historic information. Archeological sites may be found within archeological zones, historic sites, or historic districts.

Arterial road or street. See "street or road, arterial."

Assisted living facility (ALF) shall mean any facility, licensed by the State of Florida, which undertakes to provide for a period exceeding 24 hours, housing; food service; personal services; limited nursing services; or limited mental health services to unrelated persons.

Awning shall mean a roof-like cover that is temporary or portable in nature and projects from the wall of a building. The purpose of an awning is to shield a doorway or window from the elements. See "canopy."

Balcony shall mean a platform that projects from the wall of a building and has a parapet or railing, the long side of which is open above the guardrail or parapet. The platform may service one unit or it may be a continuous platform serving more than one unit with a wall separating the platform between the units.

Bars, lounges, saloons shall mean a commercial establishment whose primary business is the sale of alcoholic beverages for consumption on premises, with less than 50 percent of gross receipts are related to food services. Bottle clubs as defined by Florida Statutes shall also be included.

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

Basement shall mean 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.

Bed-and-breakfast shall mean, a transient residential lodging establishment, generally a single-family dwelling or a detached guesthouse, that is an owner-occupied establishment that has an equally mixed use as a home and transient lodging. Limited to certain zoning districts and meets all the tax, fire, building, and health requirements for this size and use of property. Breakfast is the only meal served and only to overnight guests. This establishment may host events such as weddings, small business meetings, etc.

Beer shall be as defined as provided under F.S. § 563.01.

Block shall mean a segment of the village, usually but not always a square area, formed by and lying between intersecting streets or other physical boundaries, unless otherwise defined by an official plat of property in the village.

Bottle club. See "bars, lounges."

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

Breeding shall mean to aid in any manner any animal, reptile, or insect to propagate or produce offspring by hatching or gestation, including but not limited to feeding, nurturing, housing, or caring for said animals, reptiles, or insects.

Building shall mean a 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.

Building height shall mean the vertical distance from the average crown of the road to the highest point of the roof. The highest point of a roof shall be determined as follows:

(1)

The highest point of a flat roof;

(2)

The deck line of a mansard roof; or

(3)

The highest ridge point of gable, hip, and gambrel roofs.

Building line shall mean 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.

Building of public assemblage shall mean all building(s) or other structures or any part thereof, intended for public assemblage, wherein provisions are made for 50 or more persons to assemble in one room or such structure as an auditorium, religious facility, club, sanitarium, school, theater, night club, amusement park structure and similar structures, excluding hotels, motels and apartments shall be located or placed only in business or residential office districts.

Building site shall mean any improved lot, plot, or parcel of land where there may exist a main permitted structure and any accessory/auxiliary building or structure including, but not limited to, swimming pools, tennis courts, walls, fences, or any other improvement which was heretofore constructed on property containing one or more platted lots or portions thereof shall constitute one building site.

Building size shall mean the minimum allowable size of a building or structure that can be placed on a lot.

Business. See "place of business."

Cabana shall mean an accessory structure used as a bathhouse or a shelter directly associated with a swimming pool or deck.

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

Camping trailer shall be classified as a "motor vehicle" with a 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. See "recreational vehicle."

Canopy shall mean a detachable, rooflike cover, supported from the ground, or deck, or floor of a building, and from the walls of a building, for protection from sun or weather. See "awning."

Canopy (tree) shall mean the aerial extent of the branches and foliage of a tree.

Carport/shelter shall mean a canopy or rooflike structure, open on at least two sides, which may be attached or detached from the main building, for the purpose of providing shelter for one or more motor vehicles.

Center line, highway shall mean a line running parallel with the highway right-of-way which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the department of public works.

Certified survey shall mean a survey, sketch, plan, map or other exhibit that 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.

Certificate of compliance shall mean a document issued by the proper authority certifying that the plans for a proposed use meet all applicable codes, regulations and ordinances.

Certificate of occupancy shall mean a document issued by the building official allowing the occupancy of a building and certifying that the structure has been constructed in compliance with all applicable codes, regulations and ordinances.

Certificate of use shall mean a document issued by the building department, allowing the use of a building and certifying that the use is in compliance with all applicable village codes, regulations and ordinances.

Church shall mean 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. See "religious facility" and "synagogue."

Clinic shall mean a medical use without overnight facilities where patients are admitted for examination and treated by a group of physicians or dentists practicing medicine together. The term does not include a place for the treatment of animals or reptiles.

Club, private shall mean an organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose. A private club does not include clubs organized primarily for profit or to render a service that is customarily carried on as a business. Ownership of the private club shall be for such organizations and associations which shall be incorporated under the Laws of Florida as a non-profit corporation, which shall not have as its major purpose the serving of alcoholic beverages to its members or others.

Cool pavement technology shall refer to the term used by the Department of Energy and Environmental Protection Agency as paving materials that reflect more solar energy, enhance water evaporation, or have been otherwise modified to remain cooler than conventional pavements.

Cool roof or reflective roof shall refer to the term used by the Department of Energy and the Environmental Protection Agency as a roof designed to reflect more sunlight than a conventional roof and absorbing less solar energy, by using products that produce less heat to the building below, so the building stays cooler and uses less energy for air conditioning.

Commercial garage. See "garage, commercial."

Commercial use shall mean any use whose primary purpose is retail sales or professional offices and services. Commercial uses may include, but not be limited to: financial institutions; medical facilities; personal services; restaurants; general retail; entertainment uses; small appliance repair; printing; studios and galleries; instructional services and/or businesses; and recreational uses such as movie theaters, bowling centers, health clubs, pool halls, or video arcades.

Commercial vehicle shall be divided into three separate categories. Generally, the term means any vehicle whether horse drawn, motor driven, or towed and used, constructed or equipped for the transportation of persons, goods, wares, merchandise, tools or equipment in trade, commerce, or industry or for any commercial purpose including but not limited to vehicles for hire. Evidence of a commercial vehicle may include signs or advertisement attached to the sides of or windows of the vehicle. See "construction vehicle."

Category One:shall mean a vehicle such as a taxicab, limousine under 20 feet in length or any passenger vehicle, truck or van less than eight feet in height.

Category Two: shall mean a vehicle eight feet or less in height that displays, either fixed or temporary externally mounted equipment, such as ladders, lawn care equipment. Trailers or utility trainers less than 20 feet which are enclosed or open, shall be considered a Category Two vehicle.

Category Three:A vehicle other than a recreational vehicle exceeding 20 feet in length or more than eight feet in height, and shall include but not be limited to: tow trucks, dump trucks, semi-tractor/trailers cabs and construction equipment shall be considered Category Three commercial vehicles.

Community residential home shall mean deemed under state law as a single family unit and noncommercial for the purposes of local laws and ordinances. There must be six or fewer residents to qualify as a single family unit if not located within 1,000 feet of another existing such home with six or fewer residents.

Comprehensive plan or plan shall mean the document adopted by the village council in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1986, as amended, meeting the requirements of F.S. §§ 163.3177 and 163.3178; containing the principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the village.

Conditional permit shall mean a permit issued subject to revision or cancellation by the issuing department under the terms of this zoning code.

Condominium unit shall mean a room, or group of rooms, occupied or intended to be occupied as separate living quarters by one family and containing independent cooking and sleeping facilities. See "apartment unit."

Consistency or consistent shall mean compatible with the principles of, and furthering the objectives, policies, land uses, and intensities of the village comprehensive plan.

Concurrency shall mean a condition where the necessary public facilities and services to maintain the adopted level of service standards adopted in the comprehensive plan are available and involves the determination whether a development impacts the adopted levels of service.

Concurrency statements shall mean written reports issued by the village's community development department summarizing existing and anticipated levels of service and available capacities for public facilities and services. Concurrency statements include:

(a)

Concurrency information statements. A concurrency information statement shall be provided to members of the public, upon request, to transmit information regarding the current status of levels of public facilities and services in a particular area at the time of the statement's issuance. A concurrency information statement shall also be provided to applicants for initial development orders.

(b)

Concurrency impact statements. Concurrency impact statements shall be provided for all requests for intermediate and final development orders. These statements shall analyze whether public facilities and services meet or exceed adopted levels of service and whether the requested development, if approved, would result in a reduction in levels of service for public facilities and services below adopted levels of service.

(c)

Concurrency compliance statements. A concurrency compliance statement shall be issued prior to final action on a final development order application and shall confirm that public facilities and services meet or exceed adopted levels of service and that the requested development, if approved, would not result in a reduction in levels of service for public facilities and services below adopted levels of service.

Construction vehicle shall mean any vehicle or motorized equipment utilized for the manufacture of a structure, and not utilized as a dwelling. See "commercial vehicle."

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

Court shall mean an open, unoccupied, unobstructed by structures space. The court may be obstructed by trees, shrubs and foundations, statuary, other than a yard. A court may be located on the same lot as a building, or structure.

Crown of road shall mean the elevation at a line running parallel with the highway right-of-way which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the department of public works.

Day care facility shall mean any establishment other than a family day care facility providing care during the day, but not at night, of children under the age of six who are not attending a school in grade kindergarten or higher, and who are not related to the resident family.

Density net shall mean the number of residential dwelling units divided by the net parcel area.

Department unless otherwise specified within this chapter, department shall mean the community development department.

Dependent child. As defined by F.S. § 984.03.

Development disability shall mean 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.

Development shall mean the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels.

(1)

The following activities or uses shall be taken for the purposes of these regulations to constitute "development":

a.

A reconstruction, alteration of or material change in the extent or appearance of a structure on land.

b.

A change in density or in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land, or an increase in the number of businesses, manufacturing establishments, or offices.

c.

Alteration of a shore or bank of a lake, pond, or canal, including any "coastal construction" as defined in this Code.

d.

Commencement of drilling, mining, or excavation on a parcel of land, except to obtain soil samples.

e.

Demolition of a structure.

f.

Clearing of land.

g.

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(2)

The following operations or uses shall not be construed for the purpose of these regulations to involve "development":

a.

Work by a highway or road agency or railroad company for the maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

b.

Work by any utility and other persons engaged in the distribution or transmission of gas, water, sewage, electricity, for the purpose of inspecting, repairing, renewing, or constructing within any established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.

c.

Work for the maintenance, or renewal of any structure, if the work affects only the color of the structure or the decoration (nonstructural changes to) of the exterior of the structure.

d.

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling.

e.

A change in the ownership or form of ownership of any parcel or structure.

f.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

g.

The use of any land for the purpose of growing plants, crops, trees, or for other agricultural purposes.

h.

A change in use of a structure from a permitted use within a zoning district to another permitted use in the same zoning district. Development includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of development or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities is not development. Reference to particular operations is not intended to limit the generality of this definition.

Development agreement shall mean an agreement between an individual, partnership, corporation or other governmental entity and the village for the express purpose of defining responsibilities, scope of work, costs, payments, credits and any other relevant items relating to the development of real property or municipal facilities. A development agreement may take the form of any legally valid contract approved by the village manager, village attorney or designee provided it complies with state law.

Development order shall mean any permit authorizing construction of a new building; the expansion of floor area; the increase in the number of dwelling units contained in an existing building; modifications to an existing building or site to accommodate a change in use for which a new certificate of use and occupancy will be required; any certificate of use and occupancy authorizing a change in the use; or authorizing the initial use of a parcel or structure or portion thereof where there is no other final development order in effect, reviewed and approved in accordance with this chapter, authorizing said use.

Director shall mean the director of the community development department or designee, unless the context clearly indicates otherwise.

Drive-through or drive-thru shall mean a facility designed to accommodate pickup of food, merchandise or services by a motor vehicle momentarily at rest in a driveway expressly designed for that purpose.

Drive-in shall mean an establishment or part thereof designed or operated to serve a patron seated in an automobile parked in an off-street parking space.

Dwelling shall mean a building or portion thereof, designed or used exclusively for residential occupancy, but not including trailers, mobile homes, hotels, motels boardinghouses and lodginghouses, or tourist homes.

Dwelling, duplex shall mean 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.

Dwelling, single family shall mean 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.

Dwelling unit shall mean a house, apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common hall and with complete kitchen facilities for the exclusive use of the occupants, including rental units contained in a multi-unit structure or complex which are licensed by the State Department of Business Regulation, Division of Hotels and Restaurants, as "apartments," "rental condominiums" and "retirement housing."

Dwelling, multiple-family shall mean a building designed for or occupied by three or more families. See "apartment building" and "unit."

Dwelling, single family shall mean 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 sole use of one family solely.

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

Excavation. Shall mean removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land on or beneath the surface therefore or beneath the land surface whether exposed or submerged.

Existing development shall mean a site with structures that were legally approved through the issuance of a certificate of use and occupancy or a certificate of completion as of the effective date of this chapter.

Family shall mean 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 term may also include gratuitous guests and domestic servants.

Fence shall mean an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Finished grade shall mean the established final elevation after filling or grading of the ground surface at a certain point within a development site.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of streams, rivers, or other inland water; or

(2)

Abnormally high tidal water; or rising coastal waters resulting from severe storms, hurricanes, or tsunamis or tidal waves.

Flood insurance rate map (FIRM) shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable.

Floor area shall mean the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the exterior face of an architectural projection, from the centerline of walls separating two attached buildings, not including exterior unenclosed balconies.

Floor area ratio (FAR) shall mean gross the floor area of the building or buildings on any lot divided by the net area of the lot. Structured parking shall not count as part of the floor area ratio but shall be counted towards building height.

Florida Coastal Vernacular Style shall mean an adaptation of the architectural style that incorporates historic design features of the South Florida building tradition, such as light colors, porches, ornamentation, and multi-pitched roof lines. These elements were originally developed in response to Florida's climate. Locally this style is often referred to as "Key West" or "Florida Cracker" style.

Frontage shall mean the distance measured along a right-of-way.

Garage, commercial shall mean a building or a portion thereof, used primarily for indoor parking of vehicles for compensation.

Garage, private shall mean 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.

Gas station shall mean 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.

Grade shall mean the average elevation of the top of curb (sidewalk) of the road fronting the property as measured across the width of the property. If no curb or sidewalk exists, the elevation of the center line of the road fronting the property shall be used.

Green roof shall refer to the term used by the Environmental Protection Agency as a vegetative layer grown on a rooftop in which can provide shade, remove heat from the air, and reduce temperatures of the roof surface and surrounding air.

Group home shall mean 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.

Gross acre or area shall mean the total area of a parcel including land and water.

Gross floor area (GFA) shall mean the floor area measured from the exterior faces of the exterior walls, the exterior faces of supporting exterior columns for any floor not enclosed by exterior walls, the center line of any party wall separating two buildings, or as measured from the exterior face of a projection, the area of which is included in this definition; including, common corridors, trash rooms, common lobbies, and common rest rooms. This definition does not include elevators, stairwells, meter rooms, balconies, ancillary power equipment rooms and required parking spaces within an enclosed parking garage.

Guesthouse shall mean a single family building in the rear yard area of a residence which is not occupied year around, but which is used solely as a temporary residence, only. Such building shall conform to the requirements for accessory buildings, except that 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. See "accessory building."

Hanging signs shall mean signs that suspend perpendicular to a building wall, down from and supported by or attached to the underside of a structure or to an extension of a structure.

Health spa shall mean an establishment, which employs professional, licensed therapists whose services include massage and body or facial treatments. Private treatment rooms may be provided for each client receiving a personal service. Massage treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, facials, electrical toning, and electrolysis. Hydrotherapy, steam and sauna facilities, nutrition and weight management, spa cuisine, exercise facilities and instruction may be provided in addition to the massage and therapeutic treatment services. Full service hair salons, make-up consultation and application and manicure and pedicure services may be provided as additional services.

Historic building, improvement, structure, or site shall mean a structure or site which has been designated as historic pursuant to village procedures.

Home office shall mean an office designed for and operated as a home occupation/office location in a dwelling unit. The office use is to be carried on by a person residing in the dwelling unit. The office use shall be limited to the following types of activities: written correspondence, telephone calls, computer use, or other common office equipment use. The office use shall be 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.

Hookah lounge shall mean an establishment whose business operation, whether as a principal use or as an accessory use, includes the smoking of tobacco through one or more hookah pipes (also commonly referred to as a hookah, waterpipe, shisha or narghile), including but not limited to establishments known variously as hookah bars, hookah parlors or hookah cafés.

Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the licensee at the time of issuance and renewal of the village occupational license.

Hotel unit shall mean a room, or group of rooms, with ingress or egress which may or may not be through a common lobby, intended for rental to transients on a day-to-day, week-to-week, or month-to-month basis, not intended for use or used as a permanent dwelling and without cooking facilities.

Houseboat shall mean a watercraft designed for dwelling purposes which is propelled by sail, motor or both.

Immediate vicinity shall mean the area in which a specified parcel of land is located that is physically, functionally or geographically identifiable as the area within a radius of not more than 500 feet from the specified parcel of land.

Intoxicating liquors shall be defined as provided in F.S. § 561.01(8).

Junk shall include, but is not limited to, 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; iron, machinery; rags, paper, packing materials, hair; mattresses, beds or bedding; or any other kind of scrap, waste or discarded material which is stored, kept, handled or displayed within the village limits. See "trash," and/or "abandoned property."

Kennel shall mean the keeping of any animal, regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, animal beauty parlor, pet care center or pet shop, as permitted by law, or the keeping of five or more animals, six months or older, on premises used for residential purposes, or the keeping of more than one animal on vacant property or on property used for business or commercial purposes, shall constitute a kennel. See "kennel, private" and "kennel, commercial."

Kennel, commercial shall mean the boarding, breeding, grooming or training of five or more animals of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

Kennel, private shall mean the keeping, breeding, raising, showing or training of four or less animals over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.

Keeper shall mean and include persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves, servants, agents or employees. See "proprietor."

Kitchen shall mean any room principally used, intended or designed to be used for cooking or the preparation of food and dishwashing. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall be considered a kitchen. A bar, butlers pantry or similar room adjacent to or connected with a kitchen shall not constitute a kitchen.

Land Development Code shall mean ordinances enacted by the Village Council of the Village of Palmetto Bay for the regulation of any aspect of development, which includes these Land Development Code and any other regulations governing subdivision, building construction, or any other regulations controlling the development of land.

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

Liquor shall mean a spirituous or intoxicating liquor, including wine and beer.

Litter shall mean all garbage, rubbish, trash, garden clippings, and all waste materials, including, but not limited to, bottles, glass, cans, scrap metal, junk, paper, disposable packages or containers and all other similar materials. See "garbage," "rubbish."

Live entertainment shall mean any musical act including but not limited to karaoke; theatrical acts, including but not limited to, stand up comedy, play review, scene, dance, act, song and dance, or a combination thereof, performed by one or more persons, whether or not they are compensated for their performance, in a privately owned premises that is open to the public, whether or not admission is charged.

Livestock shall mean generally accepted outdoor animals not to include cats, dogs and other domestic animals.

Lot shall mean a parcel of land of at least sufficient size to meet minimum zoning requirements for use, minimum width, and area, and to provide such yards and other open spaces as are required in these land development regulations. Such lot shall have frontage on a public street, and may consist of:

(a)

A single lot of record;

(b)

A portion of a lot of record;

(c)

A combination of complete lots of record, and portions of lots of record; or of portions of lots of record;

(d)

A parcel of land described by metes and bounds.

"Lot" includes the words, "plot," "parcel," "tract," or "site."

Lot, corner shall mean 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.

Lot coverage shall mean the percentage of the total net lot area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures, or portions thereof.

Lot depth shall mean the mean horizontal distance between the front and rear lot lines.

Lot, front shall mean the front lot line is the line separating such lot from such street. In the case of a corner lot, the narrowest street frontage shall be considered the front unless the longer street frontage is considered more compatible with the orientation of the adjacent lots as determined by the community development director or designee.

Lot frontage shall mean the distance for which the front lot line and the street line are coincident.

Lot, interior shall mean any lot which is not a corner lot.

Lot, key shall mean 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.

Lot line shall mean the boundary line of a lot.

Lot lines, rear shall mean 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.

Lot lines, side shall mean 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.

Lot, through shall mean any lot having frontage on two parallel or approximately parallel streets or other thoroughfares.

Lot of record shall mean a lot which is part of a subdivision, the map of which has been recorded in the public records of the county, or a lot described by metes and bounds, the description of which has been recorded in the public records of the county.

Lot width shall mean the level distance between the side lot lines measured at the required front yard setback line and parallel to the front street line. However, in single family districts, the lot width shall be the average of the front and rear lot widths if a lot meets the following criteria means:

(1)

Side lot lines are not parallel.

(2)

The front lot line is a least 30 feet wide.

(3)

The lot fronts on a turning circle of a cul-de-sac or a circular street with a radius of less than 230 feet.

Lowest floor shall mean the lowest enclosed area (including basement) of a structure. An unfinished or flood-resistant enclosure, used solely for parking of vehicles (such as a garage or carport), building access, or storage in any area other than a basement area, is not considered the building's lowest floor.

Mapped streets shall mean 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 in existence or not in existence. For the purpose of this definition, all five acre fractional lines shall be deemed the center lines of mapped streets.

Marina shall mean a place for docking pleasure boats or commercial vessels and providing services to the occupants thereof, including minor servicing and repair to boats; sale of fuel and supplies; provision of lodging; food; beverages; commercial offices; and entertainment as accessory uses.

May shall mean permissible.

Mean sea level shall mean the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purposes of these regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD). See "NGVD."

Mentally ill shall mean 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 the cause or origin; 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.

Mezzanine shall mean an intermediate floor in any story or room. When the total floor area of any such mezzanine floor exceeds one-third the total floor area in that room or story in which the mezzanine occurs, it shall be considered as constituting an additional story. The clear height above or below the mezzanine floor construction shall be not less than seven feet.

Mobile home shall mean a nonmotorized vehicle or conveyance, permanently equipped to travel upon the public highways, that is used either temporarily or permanently as a residence, living quarters or as a residential sales center or leasing office. See "trailer."

Motel shall mean 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.

Motor vehicle, abandoned. See "abandoned property."

Murals shall mean any mosaic, painting, or graphic art technique applied, implanted, or placed directly onto a building, exterior wall, or site that contains no copy, advertising symbols, or trademarks.

National Geodetic Vertical Datum (NGVD). See "mean sea level."

Neighborhood shall mean 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.

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

Net lot area shall mean the total area of a development parcel less water bodies, jurisdictional wetlands, rights-of-way, and land dedicated or reserved for public parks.

Nicotine vaporizer means any electronic or battery-operated device that can be used to deliver an inhaled dose of nicotine or other substance and includes those composed of a mouthpiece, heating element, and battery or electronic circuits that provide a vapor of liquid nicotine or other substances to the user. This term shall include such devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, an e-cigarette, an e-cigar, e-cigarillo, an e-pipe, an e-hookah, or under any other product name.

Night club shall mean 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.

Nonconforming building or structure shall mean a building or structure or portion thereof which was designed, erected or structurally altered prior to the effective date of this Code in such a manner that characteristics of the building or structure, other than its use, do not comply with the restrictions of these land development regulations.

Nonconforming use shall mean a use that exists lawfully prior to the effective date of the Land Development Code and is maintained at the time of and after the effective date of this Code, although it does not conform to the use restrictions of these land development regulations. See "amortization."

Noncontributing building, structure, improvement, or landscape feature shall mean a building, structure, improvement, site or landscape feature located in a designated historic district which does not add to the district's sense of time, place, or historical development; or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost.

Nursing home or home for the aged shall mean any facility, licensed by the State of Florida, which undertakes to provide for a period exceeding 24 hours, nursing care, personal care or custodial care to unrelated persons, who by reason of illness, physical infirmity or advanced age require such services but does not include any place providing care and treatment primarily for the acutely ill.

Official right-of-way shall mean the zoned right-of-way width as established by the village.

On-site drainage shall mean all surface water runoff that is to be contained within the limits of the area encompassed by the tract area or lot of record.

Open-air storage shall mean the placement of an article in an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or front porch that is not so enclosed shall be considered open-air storage.

Open space shall mean any area of land and/or water, which is open and unobstructed from the ground to the sky including wetland mitigation areas and areas maintained in a natural and undisturbed character. Open space shall include private parks, buffer yards, landscaped yard areas and common landscaped areas. Open space shall also include bicycle and pedestrian paths external to a development parcel, parking areas, driveways, swimming pool decks, tennis courts and other pave areas. Open space shall not include submerged areas below the control water elevation (exclusive of wetland areas), or areas covered with buildings.

Outdoor lighting shall mean any light source that is installed or mounted outside of an enclosed building, excluding streetlights within a right-of-way.

Parcel. See "lot," "plot," "tract" and "site."

Park shall mean an area permanently devoted to recreational uses and generally characterized by its natural, historic, or landscaped features, and used for either or both passive and active forms of recreation designed to serve the residents of a neighborhood, community or region.

Parking lot, commercial shall mean a parking lot where parking is offered to the general public for compensation.

Parking, off-street shall mean the on-site parking allotment required for a given property based on a specific use or uses conducted thereon. An area not in a street or alley.

Parking, shared shall mean the provision of a parking space(s) that is credited towards meeting code-required peak use parking for more than one use on a parcel due to peak parking demands for different uses on the same parcel occurring at significantly different time periods.

Parking space shall mean an area exclusive of driveways or aisles for the temporary parking or storage of a motor vehicle, which has adequate access to permit ingress and egress of a motor vehicle to and from a street by means of driveways, aisles and maneuvering areas.

Parking, tandem shall mean a parking space within a group of two parking spaces arranged one behind the other. An arrangement of parking spaces such that one space must be driven across in order to access another space or spaces.

Pawn shall mean either of the following transactions:

(a)

Loan of money. A written or oral bailment of personal property as security for an engagement or debt, redeemable on certain terms and with the implied power of sale on default.

(b)

Buy-sell agreement. Any agreement whereby a purchaser agrees to hold property for a specified period of time to allow the seller the exclusive right to repurchase the property. A buy-sell agreement is not a loan of money.

Pawnbroker shall mean any person, corporation, partnership, or other business organization or entity which is not solely a secondary metals recycler subject to F.S. ch. 538, part II, which is regularly engaged in the business of making pawns. The term does not include a financial institution as defined in F.S. § 655.005 or any person who regularly loans money or any other thing of value on stocks, bonds or other securities.

Pawnshop shall mean a place or premises at which a pawnbroker is registered to conduct business as a pawnbroker, or conducts such business.

Permeable or pervious area shall mean any portion of the ground unobstructed by a surface which prevents the natural seepage of water into the ground.

Person shall mean an individual, partnership, organization, corporation, joint stock association or any city or state or any subdivision thereof; and includes any trustee, receiver, assignee or personal representative thereof.

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

Pervious parking area shall mean all exterior parking and driveway surface areas that shall be composed of semi-pervious or pervious material such as concrete or grass pavers, set in sand.

Physically handicapped or disabled person shall mean 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.

Pine rockland is characterized by an open canopy of South Florida slash pine (Pinus elliottii var. densa) with a patchy understory of tropical and temperate shrubs and palms and a rich herbaceous layer of mostly perennial species including numerous species endemic to South Florida. Outcrops of weathered oolitic limestone, known locally as pinnacle rock, are common, and solution holes may be present. This subtropical, pyrogenic flatland can be mesic or xeric depending on landscape position and associated natural communities. There are differences in species composition between the pine rockland found in the Florida Keys and the mainland.

Persons who have special housing needs shall mean persons who have incomes not exceeding moderate income and who, because of particular social, economic or health-related circumstances, have greater difficulty acquiring or maintaining affordable housing. Such persons may, for example, encounter resistance to their residing in particular communities, increased housing cost resulting from unique needs and high risk of institutionalization. Such persons may include but are not limited to persons with developmental disabilities; persons with mental illness/chemical dependency; persons with AIDS and HIV disease, runaway and abandoned youth, single-parent families; public assistance recipients; homeless; migrant and seasonal farmworkers; refugees and entrants; and elderly and disable adults.

Place of business shall mean 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.

Pleasure craft or pleasure boat shall mean a vessel not within the classification of a commercial vessel, housebarge or houseboat and which is designed primarily for the purpose of movement over a body of water and which is equipped with a means of propulsion, in operating condition, which is appropriate to the size and type of vessel.

Plot. See "lot," "parcel," "tract" and "site."

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

Porte-cochere shall mean an attached or detached rooflike structure extending from the entrance of a building over an adjacent driveway.

Poultry shall mean domestic fowl, chickens, ducks, geese and similar fowl.

Principal building shall mean a building, which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel.

Private garage. See "garage, private."

Proprietor. See "keeper."

Public utility shall mean any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public.

Raising shall mean to breed or bring an animal to maturity.

Recreational vehicle shall mean recreational motor vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use.

Recycling receiving station shall mean a building or a portion thereof, where, for compensation certain types of recyclable materials including, but not limited to aluminum, plastic, paper and scrap metal could be rendered for its wrapping, packing and shipping to another environmentally approved location where the actual recycling of the materials will take place. The term does not include a motor vehicle junkyard.

Refuse shall mean the term shall be synonymous with municipal solid waste ad shall mean and include all accumulation of waste matter discarded as of no further value to the owner, such as kitchen and table waste, wrappings and small discarded containers. See "garbage," "litter," "rubbish."

Religious facility shall mean any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the village at which nonprofit religious services and activities are regularly conducted. See "church" and "synagogue."

Renewable energy shall refer to the term used by the Department of Energy as energy produced from sources such as the sun and wind that are naturally replenished and that can be used for electricity generation, space and water heating, cooling, and transportation.

Repairs shall mean 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.

Replacement value shall mean a figure determined by the county tax assessor which is the cost of replacing all or a portion of a building based on new construction.

Residential shall mean 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.

Restaurant shall mean a commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, prepared on-site and consumed on premises.

Resubdivision shall mean 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.

Retail shall mean establishments engaged in selling goods or merchandise directly to the ultimate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Establishments primarily engaged in providing services as opposed to products to individuals shall also be considered a retail use.

Right-of-way line shall mean 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. "Right-of-way" is a strip of ground dedicated by the subdivider, deeded by the owner, for public use.

Rockland hammock shall mean rich tropical hardwood forest on upland sites in areas where limestone is very near the surface and often exposed. Rockland hammock often occurs within pine rocklands in areas protected from fire, or embedded within several wetland community types. The rockland hammock is a closed canopy hardwood forest dominated by a diverse suite of subtropical trees and shrubs.

Rooming house shall mean a residential building with three or more sleeping rooms for lodgers, and wherein no dining facilities are maintained for the lodger.

Rubbish shall mean the miscellaneous waste material resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter, such as slag, stone, broken concrete, scrap metal, rubber, chemicals or any other similar or related combination thereof. See "garbage," "litter," "refuse."

Safety barriers shall mean a screened-in patio, a wooden or wire fence, a stone or concrete block wall, crime prevention fence or other materials constructed or used to separate persons from potential hazards on the premises.

Schools shall mean an institution for instruction and learning whether public or private; including preschools, grade schools, middle schools, high schools, colleges and universities, however not including private or vocational schools of professional training or day care or adult-care centers.

Screen enclosure shall mean a frame erected of metal or wood spaced and constructed in accordance with 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.

Self-service laundry shall mean a business establishment equipped with customer operated automatic washing machines having a capacity per unit not exceeding 25 pounds of dry clothing.

Self-service storage facility shall mean a fully enclosed space used for warehousing which contains individual storage units.

Servants quarters shall mean living quarters within a detached or semi-detached accessory building located on the same lot with the main building for use by temporary guests or servants of the occupants of the residential building and conforming to the restrictions of this chapter, including those for accessory buildings. Such quarters shall not have separate utility meters, shall not be rented or otherwise used as a separate dwelling or have cooking facilities.

Service bar shall mean 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.

Setback shall mean 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. See "yard."

Shall shall mean mandatory.

Site. See "lot," "plot," "parcel" and "tract."

Site plan shall mean a plan drawn to scale indicating appropriate site elevations, roadways, and location of all relevant site improvements including structures, parking, other paved areas, ingress and egress drives, landscaped open space and signage.

Special event shall mean a temporary outdoor use on private property that extend beyond the normal uses and standards allowed by code. Special events includes, but is not limited to, art shows, carnivals, fairs, and Christmas tree sale. See "temporary use."

Specified anatomical areas as used in this division shall mean either of the following:

(a)

Less than completely opaquely covered human genitals, pubic region, anal cleft, cleft of the buttocks, and all or any part of the areola of the female breast; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Storage shall mean the keeping and maintaining of goods, equipment, and/or any property in a specific location for any amount of time.

Store shall mean a building in which commodities are sold at retail or wholesale. Also, see "neighborhood store."

Story shall mean:

(1)

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

(2)

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

(3)

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.

(4)

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

Street, cul-de-sac shall mean a street with a single common ingress aggress and with a turn around at the end.

Structural alterations shall mean 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.

Structure shall mean anything temporarily or permanently constructed, installed, or ported, onto a site. It includes fixed or movable buildings which can be used for housing, business, commercial, storage, agricultural, or office purposes.

Street or road shall mean a route providing service, which is relatively continuous, and of relatively high traffic volume, and provides for long average trip length, high operating speed, and high mobility importance. Arterial roads shall generally be those roads, which provide access from collector roads, nonresidential driveways or limited access highways. A street having that meaning given in F.S. § 334.03(15), as may be amended from time to time.

Street or road, arterial shall mean a route providing service, which is relatively continuous, and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. Arterial roads shall generally be those roads that provide access from collector roads, nonresidential driveways or limited access highways. Streets having that meaning given in F.S. § 334.03(15), as may be amended from time to time. Also any street designated as a state principal arterial, state minor arterial or minor arterial according to the Transportation Element of the Comprehensive Plan. "Arterial road" is a heavily traveled street of considerable continuity used primarily as a main traffic artery. Also any street designated as a state principal arterial, state minor arterial or minor arterial according to the Transportation Element of the Comprehensive Plan." See "street or road, collector" and "street or roads, major."

Street or road, collector shall mean a route providing service that is of relatively moderate average traffic volume, moderate average trip length and moderate average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. Also, any street designated as an urban collector or local urban collector in the transportation element of the comprehensive plan. Additionally, a collector street is a street that carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.

Street or road, local shall mean a road designated and maintained primarily to provide access to abutting residential property. A local street or road is of limited continuity and is not intended for through traffic. See "street or road, minor."

Street or road, major shall mean any street or road with a right-of-way greater than or equal to 60 feet. It is also any street designated as a state principal arterial, state minor arterial, minor arterial, urban collector, local urban collector, or any future roadway indicated as having more than two lanes by the year 2015 according to the transportation element of the comprehensive plan. See "street or road, arterial" and "street or road, collector."

Street or road, minor shall mean any street or road with a right-of-way less than 60 feet. "Minor street" is a street used primarily for access to the abutting properties. See "street or road, local."

Street or road, public shall mean a street that has been accepted by the village, Miami-Dade County or the State of Florida for public right-of-way purposes.

Structural alteration shall mean 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.

Structure shall mean 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 but not limited to buildings, walls, fences, signs, light standards, towers, tanks, etc.

Subdivision shall mean 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. The term includes resubdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or areas subdivided. "subdivision" is:

(a)

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

Subdivision, old shall mean 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.

Substantial improvement shall mean any repair, reconstruction or improvement of a structure conducted within any 12-month period, the cost of which equals or exceeds 50 percent of the predestruction reconstruction value of the structure, as determined by the Property Appraiser of Miami-Dade County, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are necessary solely to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places, the state inventory of historic places, or any inventory of local historic places.

Swale shall mean a depression in a stretch of flat land often associated with drainage.

Synagogue shall mean church, synagogue or other structure in which worship services pertaining to a particular system of beliefs are held. See "church" or "religious facility."

Telecommunication facility shall mean any facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signal. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service. Also, telecommunication facilities include any antenna or broadcast equipment located outdoors, which is used for telecommunications and not otherwise defined as a dish antenna.

Temporary uses shall mean uses that are required in the construction phase of development or are uniquely temporary or seasonal in nature, including: Christmas tree sales, contractors' model homes, contractors' project offices, project sales offices, seasonal sales of farm produce, carnivals and tent meetings or events. See "special event."

Town center shall mean that area more particularly described in the Future Land Use Element and Future Land Use Map in the adopted comprehensive plan.

Tract. See "lot," "plot," "parcel" and "site."

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

Trailer. See "mobile home."

Travel trailer shall mean a motor vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It is of a body width of no more than eight feet and a body length of no more than 32 feet when factory-equipped for the road.

Trash shall mean cuttings from vegetation, refuse, paper, bottles, rags. See "junk."

Tree survey shall mean a document meeting the requirements of 21-HH Florida Administrative Code, which is to be overlaid directly upon a site plan and must provide, at a minimum, the following information:

(a)

The location plotted by accurate techniques, in relation to all proposed development, of all existing non nuisance trees which are proposed to be destroyed, relocated, impacted, or preserved.

(b)

The common and scientific names of each tree; and. the diameter at breast height ("D.B.H.") of each tree, or if a multiple trunk tree, the sum DBH for all trunks.

(c)

The DBH of each tree, or if a multiple trunk tree, the sum DBH for all trunks.

Unit. The word "unit" shall mean or refer to a house, duplex, townhouse and apartment, group of rooms or a single room occupied or intended for permanent or transient occupancy as separate living quarters.

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

Utility shed shall mean an accessory detached storage building.

Vacant shall mean lands or buildings that are not actively used for any purpose.

Vehicle shall mean a conveyance for persons or materials.

Vehicular use area shall mean a hard surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles.

Warehouse shall mean a structure used primarily for storage and distribution of goods and materials by manufactures, wholesalers, and distributors.

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

Water impact statement shall mean a statement or study conducted by a licensed engineer of the proposed development and its impacts on the aquifer, water table, infiltration, groundwater, surface waters, stormwater and the floodplain.

Waterfront shall mean 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.

Wetland shall mean that land which is subject to F.S. § 373.019.

Wetland mitigation shall mean compensation for or replacement of lost or impacted wetland areas and functional values by the creation of new wetland areas or by the enhancement or preservation of existing wetland areas.

Wetland mitigation bank shall mean an area designated and licensed for the purpose of providing compensation for wetland impacts, and includes a resource analysis, credit assignment system and long-term maintenance plan that assures persistence of the mitigation bank and the wetland functional values.

Wireless supported services shall include, but not be 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.

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

Yard shall mean 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. See also "setback."

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

Yard, side shall mean the yard area lying to the sides of the principal building.

(Ord. No. 07-18, § 1, 6-18-2007; Ord. No. 2023-01, § 2, 1-23-2023)

The village hereby adopts the following rules of construction for the Land Development Code:

(1)

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

(2)

The word "may" is permissive, but the words "shall" and "will" are always mandatory and not discretionary.

(3)

When consistent with the context, words used in the present tense include the future. Words in the singular number include the plural and words in the plural number include the singular number.

(4)

The phrase "used for" shall include "arranged for," "designed for," "maintained for," or "occupied for." The word "lot" includes the word "plot," "tract," and "building site." The word "area" and "district" may indicate and include the meaning "zone." When consistent with the context, the word "unit" shall mean, "dwelling unit." The word "person" includes an individual, corporation, unincorporated association, partnership or other legal entity 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, or character.

(5)

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

(6)

Words and terms not otherwise defined in this article shall be interpreted first by reference to other sections of this Land Development Code, the Code of Ordinances, the comprehensive plan, or the building codes; and secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage.

(7)

When any requirement of this Land Development Code results in a fraction of a dwelling unit or other measurement, the fraction will be disregarded and the nearest lower whole number shall apply. Whenever, a density calculation for a legal lot of record results in less than one dwelling unit being permitted, the fractional requirement will be disregarded and one dwelling unit will be permitted subject to compliance with this Code. Whenever a calculation of green space, parking, pervious surfaces, or open space required herein results in a fractional number, such number shall be rounded to the next higher number or unit. When calculating requirements for off-street parking, landscape and open space, impervious surfaces, and similar regulatory measures, any fraction of a unit shall be rounded up to the nearest whole number. When calculating density or floor area ratios, any fraction of a unit shall be rounded down to the nearest whole number.

(8)

Requirements in the Land Development Code are cumulative and a provision in one section shall not be interpreted as the only provision applicable to development.

(9)

More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision. Where the provisions of the Code appear to conflict with another provision in this Code or another applicable law, the most restrictive provision shall govern. This Land Development Code is not intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, where the Land Development Code imposes a greater restriction upon the use of building or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants, or agreements, the provisions of this Code shall control.

(Ord. No. 07-18, § 1, 6-18-2007)