(A)

Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the following words and phrases shall for the purposes of this Code have the meanings indicated.

(B)

When used in this Code, the present tense includes the future and the singular includes the plural.

(C)

The word "shall" is mandatory and not directory; the word "may" is permissive.

(D)

When used in this Code, words of one gender include such other genders as may be applicable.

(E)

Words not defined herein shall be construed to have their common, ordinary meanings unless the context clearly otherwise requires.

(F)

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(G)

The word "lot" includes the words plot or parcel.

(H)

The words "used" or "occupied" include the words intended, designed or arranged to be used or occupied.

(I)

The word "building" or "structure" includes any part thereof, and the word "building" includes the word "structure."

The definitions contained in this article shall apply to land use and development.

Accessory building. Shall mean a detached subordinate building or portion thereof, the use of which is incidental to and in connection with a principal or main building or use which is located on the same lot. No accessory building shall be permitted which is not located in conjunction with a principal or main building or use. (Ord. No. 07-20-2361, § 2, 2-4-20)

Accessory medical services. Shall mean only those services that are not already provided by the hospital facility which is for the sole use of the hospital staff and patients. Such uses may be housed in a trailer unit where parking is provided in excess of that required for the specially permitted hospital use and where additional parking is also provided for the trailer unit. (Ord. No. 2-91-1467, 1-15-91)

Accessory Dwelling Unit (ADU). Shall mean an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit. Each ADU shall apply toward satisfying the affordable housing component of the housing element in the local government's comprehensive plan under Section 163.3177(6)(f). An application for a building permit to construct an accessory dwelling unit must include a recorded title restriction by the applicant which commits that the unit will be rented at an affordable rate to extremely low-income, very low-income, or low-income person or persons, as such terms are defined in the Florida Statutes. Such title restriction shall be valid for a minimum term of thirty (30) years. An ADU requires that the owner reside in either the primary or secondary unit. (Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

Accessory use. Shall mean a building or structure, the use of which is subordinate and incidental to the main building or structure, and is located on the same lot which the main building is located.

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

Acupuncturist. Shall mean a person who is licensed in accordance with, and who practices acupuncture as defined in, Chapter 457 of the Florida Statutes. (Ord. No. 7-91-9091, 3-19-91)

Addition. Shall mean an extension or increase in floor area or height of a building. (Ord. No. 09-22-2430, § 2, 4-19-22)

Adult Family Care Home. Adult family care homes provide full-time, family-type living in a private home for up to five elderly persons or adults with a disability, who are not related to the owner. The owner lives in the same house as the residents. The basic services include, but are not limited to: housing and nutritional meals; help with the activities of daily living, like bathing, dressing, eating, walking, physical transfer, giving medications or helping residents give themselves medications; supervision of residents; arrange for health care services; provide or arrange for transportation to health care services; health monitoring; and social activities. Adult family care homes are licensed and surveyed by the State of Florida. (Ord. No. 09-22-2430, § 2, 4-19-22)

Advanced registered nurse practitioner means a person who is licensed in accordance with, and who practices advanced or specialized nursing practice as defined in Chapter 464 of the Florida Statutes. (Ord. No. 7-91-9091, 3-19-91; Ord. No. 15-20-2369, § 2, 5-19-20)

Affordable Housing. For the purpose of this section, Affordable Housing has the same meaning as defined in Section 420.9071, Fla. Stat. unless it is in conflict with any meaning or use of the term in this section, and in such event this section shall take precedence. A housing unit is not considered Affordable Housing for the purpose of this section unless it is a Rent-Restricted Unit that is only made available for rent (not ownership) to Very Low-Income Tenants, Low-Income Tenants or Moderate-Income Tenants. (Ord. No. 15-20-2369, § 2, 5-19-20)

Aggregate area or width means the sum of two (2) or more designated areas or widths to be measured, limited, or determined under these regulations. (Ord. No. 15-20-2369, § 2, 5-19-20)

Alcoholic beverage. Shall be as defined by Section 561.01(7), Florida Statutes.

Alley. Shall mean a public or private street which affords only a secondary means of access to abutting property and which is not otherwise designated as a street.

Alteration. Shall mean any change or modification of construction, space arrangement or occupancy of a building, or decreasing or increasing the floor area thereof.

Antennas, microwave. Shall mean antennas restricted to the sole purpose of receiving and/or transmitting and amplifying microwave signals and shall be permitted in commercial districts only.

Antennas, satellite earth station means antennas restricted to the sole purpose of receiving and amplifying microwave signals for television reception and shall be permitted in residential and commercial zoning districts.

Archeological zone means an area designated by this Code which is likely to yield information on the history and prehistory of South Miami based on prehistoric settlement patterns as determined by the results of the Miami-Dade County Historic Survey. These zones will tend to conform to natural physiographic features which were focal points for prehistoric and historic activities.

Area, gross means the total horizontal surface area of a lot, site, tract or parcel, including any required dedicated or zoned rights-of-way.

Area, lot means the total horizontal area within the lot lines of the lot.

Area, net means the total horizontal surface area of a lot, site, tract or parcel, excluding any required dedicated or zoned rights-of-way.

Arterial roadway means a roadway that connects freeways or expressways to neighborhoods.

Artificial turf means a surface intended to imitate grass and composed of natural or recyclable materials and installed as a pervious system that exceeds a minimum permeability rate of the greater of 0.8 inches per hour or as set by Miami-Dade County in Chapter 24 of the Miami-Dade County Code, as may be amended from time to time. All artificial turf shall resemble the natural color of grass and be installed and maintained in accordance with all of the following:

i.

Artificial turf may be utilized in open joints of pavement in any location and shall provide a buffer to separate the artificial turf from other landscaping;

ii.

Plant-based and natural infill materials shall be utilized to the greatest extent possible, such as soybean oil in the backing, sugarcane in the thatch, and crushed walnut shell for the infill;

iii.

Synthetic materials, such as polypropylene, polyethylene, latex, and polyurethane, shall be minimized, lead free, and flame resistant;

iv.

Subgrade shall be equipped to provide proper water drainage with an evenly graded, permeable aggregate base that is at least three (3) inches in depth with sufficient space for tree root growth provided; and

v.

Areas containing any pits, tears, marks, discoloration, seam, separations, uplifted surfaces or edges, heat degradation, and excessive wear are prohibited. (Ord. No. 18-23-2469, § 2, 9-19-23)

Assisted living facility means any building or buildings, section or distinct part of a building, private home, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services, for a period exceeding twenty-four (24) hours to one or more adults who are not relatives of the owner or administrator. Assisted living facilities are licensed and surveyed by the State of Florida. Twenty-four-hour nursing supervision is not provided. (Ord. No. 09-22-2430, § 2, 4-19-22)

Bakery means an establishment engaged in the retail sales of baked products for consumption off site. The baked products may be prepared either on or off site. A bakery is a place for preparing, cooking, baking and selling of products on the premises. A bakery shall be considered a retail use.

Bar (see "Drinking place").

Basement means that portion of a building between the floor and ceiling, which has at least one-half (0.5) of its height below grade, and the ceiling of which is not more than four (4) feet, six (6) inches above grade.

Beauty/barber shop or beauty spa means a place of business primarily engaged in providing services of a personal nature associated with appearance or grooming. Uses may include nail salons, tanning salons and services such as massage, facials, hair removal, and body treatments, but shall exclude body piercing and tattooing.

Bed and breakfast means a private property, where an individual or family resides, not more than four (4) rooms of which may be used for overnight guests whose paid accommodations include breakfast. (Ord. No. 1-94-1550, § 1, 2-1-94)

Bird Activity Zone means the zone that falls between zero (0) to one hundred (100) feet above grade. (Ord. No. 21-21-2411, § 2, 9-7-21)

Bird-Safe Glazing Treatment means fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or UV patterns visible to birds. To qualify as Bird-Safe Glazing Treatment vertical elements of window patterns should be at least one-quarter (¼) inch wide at a minimum spacing of four (4) inches or horizontal elements at least one-eighth (⅛) inch wide at a maximum spacing of two (2) inches. (Ord. No. 21-21-2411, § 2, 9-7-21)

Boardinghouse means a building other than a hotel or motel where lodging is provided for two (2) or more days (48 hours minimum) for compensation for two (2), or fewer, unrelated occupants, or three (3) occupants if they are a family, on properties of twelve thousand (12,000) square feet or less in lot size. The individual rooms may have a microwave and a refrigerator that does not exceed four and one-half (4.5) cubic feet or there may be one complete communal kitchen for the convenience of all the occupants. Every room in a Boardinghouse must meet all Fire Department safety requirements. Individual dwelling units in a multi-family structure are not included in this definition.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

Building, principal or main means a building in which is conducted the principal use of the lot on which it is located.

Building height means the vertical distance from grade to the highest point of a flat roof or parapet, or the highest point of a mansard roof, or the average height between the high and low points of a pitched roof. (Ord. No. 12-90-1452, 7-24-90)

Building line means that line which denotes the perimeter line within which a building may be built or located.

Building official means the authorized city official responsible for building and zoning inspection and the issuance of building permits.

Bulk means the size and shape of a building and its relationship to other buildings, yard areas and open spaces.

Canopy carport means a detachable, roof-like cloth or metal cover, supported from grade or the floor of a building and from the walls of a building for the protection of vehicles from sun or weather.

Catering services means the business of providing food for special events such as wedding receptions, parties or corporate entertainment. Such services may include auxiliary duties such as the hiring of help to serve prepared food, arranging for flowers, providing for decoration, and renting of equipment for such events. (Ord. No. 26-91-1491-A, 11-19-91)

Centerline, street means a line parallel or nearly parallel to the right-of-way lines of a public street and halfway between them.

Child care shall mean the care, protection, and supervision of a child, for a period of less than twenty-four (24) hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with his or her individual needs, and for which a payment, fee, or grant is made for care.

Child care facility shall include any child care center or child care arrangement which provides child care for more than seven (7) 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 following are not included:

(a)

Public schools and nonpublic schools and their integral programs:

(b)

Summer camps having children in full-time residence;

(c)

Summer day camps;

(d)

Operators of transient establishments, which provide child care services solely for the guests of their establishment or resort.

Standards for the operation of a child care facility shall be in compliance with Chapter 402, and F.S. § 402.305.

Church, mosque, synagogue, or temple. Shall mean a building, a building and other structures, or a group or buildings and structures which by design and construction are intended for organized worship and commonly related services, such as educational, recreational, and social services, including day care. (Ord. No. 5-94-1554, 3-1-94)

City. Shall refer to the City of South Miami, Florida.

City Commission. Shall refer to the City Commission of the City of South Miami, Florida.

City Manager. Shall mean the City Manager of the City of South Miami, Florida.

Code enforcement agency. Shall mean the Building and Zoning Department of the City of South Miami, Florida.

Collector roadway is a roadway that connects to an arterial roadway and penetrates neighborhoods.

Community facilities. A facility in which health care, educational, cultural or social services are provided by a public or private non-profit organization located on a City-owned park of at least 3.4 acres in size and within the boundaries of the South Miami Community Redevelopment Area. (Ord. No. 05-18-2294, § 1, 3-6-18)

Community gardens. A piece of land that is used to grow and harvest only organic food crops and non-food ornamental crops, such as flowers, produced without synthetic fertilizers, insecticides or herbicides, by a group or organization for their use, consumption, donation, or limited sale. This definition does not include a Bonafide Commercial Agricultural Use and it does not include a use that would meet the Miami-Dade County Property Appraisers Office requirements for an Agricultural Classification. A community garden may be divided into separate plots for cultivation by one or more individuals or may be operated collectively by members of a group or organization and may include common areas maintained and used by group members. (Ord. No. 07-20-2361, § 2, 2-4-20; Ord. No. 09-22-2430, § 2, 4-19-22)

Community residential home. A dwelling unit licensed to serve clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration 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 the residents." This term may include assisted living facilities (ALFs), and other comparable care and rehabilitative facilities meeting the statutory definition, distance and separation requirements (one thousand two hundred (1,200) feet from another existing community residential home and five hundred (500) feet of a single-family residential district). (Ord. No. 09-22-2430, § 2, 4-19-22)

Comprehensive plan. Shall mean the adopted Comprehensive Plan of the City of South Miami. (Ord. No. 09-22-2430, § 2, 4-19-22)

Continuing Care Retirement Community (CCRC). CCRCs provide a variety of senior housing options and services to meet the changing needs of its residents. Depending on the nature of the community, senior housing options can typically include independent living, an assisted living facility, and/or a nursing home. CCRCs allow residents to move from one level of care to another, as needed, and essentially eliminates the need for residents to move to a different community at a later age. (Ord. No. 09-22-2430, § 2, 4-19-22)

Counseling services. Shall mean service by individuals licensed by the State of Florida as mental health or nutrition counselors; marriage and family therapists; psychologists; and social workers. (Ord. No. 12-90-1452, 7-24-90; Ord. No. 10-92-1505, 6-2-92)

Day care center shall have the same meaning as "Child Care Facility."

Deli - delicatessen. Shall mean an establishment where prepared foods are sold not for consumption on the premises. (Ord. No. 7-92-1502, 5-5-92)

Demolition. Shall mean the partial or complete destruction or removal of a building or portion thereof on any site.

Density. Shall mean the number of dwelling units permitted per acre of land. Density is calculated as the numerical value obtained by dividing the total number of primary dwelling units in a development by the acreage of the development's tract of land. Where expressly permitted in this Land Development Code, Auxiliary Dwelling Units (ADU) pursuant to F.S. ch. 163.31771 are not counted towards the numerical density value of a tract of land for zoning purposes. (Ord. No. 06-20-2360, § 2, 2-4-20; Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

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

Development permit. Shall mean any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action of the City having the effect of permitting land development.

Development regulations. Shall mean the whole body of regulations, charts, tables, diagrams, maps, notations, references and symbols, contained in or referred to in this Land Development Code including the South Miami Official Zoning Map, which can only be changed, modified, or amended by the adoption of an ordinance. (Ord. No. 32-09-2024, § 1, 12-8-09)

Diameter at breast height (D.B.H.). Shall mean the diameter of a tree trunk at a height of four and one-half (4.5) feet above grade.

Director. Shall mean the Director of Building and Zoning of the City of South Miami, Florida.

District, archeological. Shall mean a collection of archeological sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this Code.

District, nonresidential. Shall mean any district designated for office, business, intensive, hospital or public purposes pursuant to this Code.

District, residential. Shall mean any district designated for single-family, townhouse, two-family or multi-family residential purposes pursuant to this Code.

Drinking place (bar or lounge). Shall mean an establishment devoted primarily to the sale of alcoholic beverages for consumption on premises and where entertainment may be provided.

Drive-in. Shall mean an establishment designed or operated to serve a patron while seated in a parked vehicle or while a vehicle is momentarily stopped at a drive-through window.

Driveway, Residential. Shall mean a private, all-weather, surfaced pathway that provides vehicular access from a public street or alley to a residence. It is typically constructed using durable materials such as asphalt, concrete, or paving stones, and must have a minimum width of nine (9) feet to accommodate parking of vehicles. Heavy, loose materials such as gravel shall be bordered and contained within a six-inch wide curb. Mulch, or any other particulate substances that are prone to displacement and scattering are not considered suitable for driveway construction. The driveway is intended for the exclusive use of the property's residents and their guests. (Ord. No. 27-24-2512, § 2, 12-10-24)

Dwelling or dwelling unit means a structure, or a portion of a structure, occupied exclusively for residential purposes by one household. Each Dwelling Unit is limited to one kitchen. The word "Dwelling" includes single-family houses, and each of the units of two-family homes, townhouses, and multi-family structures, as well as the general premises where the unit is located, but does not include recreational vehicles or camp trailers. Dwelling units include all primary dwelling units that are not auxiliary dwelling units (ADU). (Ord. No. 04-21-2394, § 2, 2-16-21; Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

Dwelling, duplex. Shall mean a two-family dwelling that is designed for the regular occupancy of two (2) households as defined in this section, within a single building that occupies a single lot and where the dwellings share a common wall or floor in whole or in part. The two (2) separate dwelling units of a Duplex shall each have a separate entrance to the exterior of a multi-story building in an upstairs and downstairs arrangement of the living units. Each of the two (2) units may be owned separately and conveyed separately provided that the owner(s) of the two (2) units create a master operating agreement by recording a Declaration of Restrictions and Maintenance Agreement for Split Duplex Use, or similar agreement, in a form acceptable to the City Attorney. (Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

Dwelling, multi-family. Shall mean a residential structure designed with three (3) or more Dwelling Units, each occupied by one family. (Ord. No. 04-21-2394, § 2, 2-16-21)

Dwelling, single-family. Shall mean a residential structure surrounded by a yard or other open space on the same lot, designed for or occupied exclusively by one family. It does not include spaces that meet the definition of and are occupied as Rooming Units. (Ord. No. 04-21-2394, § 2, 2-16-21)

Dwelling, townhouse. Shall mean a group of two (2) or more multi-story (two (2) or more floors) dwelling units arranged side-by-side within a single building, with each residence designed for the regular occupancy of one household as defined in this section. Each of the dwelling units may be rented by separate lease agreements or may be owned separately and conveyed separately provided the owner(s) of the units create a master operating agreement by recording a Declaration of Restrictions and Maintenance Agreement for Townhouse Use, or similar agreement, in a form acceptable to the City Attorney. A townhouse includes two (2) or several multi-story residential units in a row that share both side walls or one side wall if located on the end of the Townhouse building. Each residential unit of a Townhouse building has a direct entrance fronting to a public street, with individual forecourts between the entrance and public sidewalk. Each unit is serviced with separate utilities and shall otherwise be independent of one another. Townhouse dwelling units may use the first ground floor above grade and above base flood elevation as applicable, optionally for a Live-Work Unit (LWU) as defined in this section, or as a front-facing Accessory Dwelling Unit (ADU) pursuant to F.S. § 163.31771. (Ord. No. 06-20-2360, § 2, 2-420; Ord. No. 15-20-2369, § 2, 5-19-20; Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

Emergency access road. Shall mean those roadways, public or private, linking directly to emergency entrances and exits.

Exterior. Shall mean all outside surfaces of a building or structure.

Extermination. Shall mean the control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing, or making inaccessible, materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other approved means of pest elimination.

Family. Shall mean an individual or two (2) or more persons related by blood, adoption or marriage, or a group of not more than three (3) persons who need not be related living together as a single housekeeping unit in a dwelling. It can also mean one or more persons permanently occupying a dwelling unit and living together as a single, nonprofit household unit. Family does not include any society, club, fraternity, sorority, association, or like organization. This definition does not include any group of individuals whose association is temporary or seasonal or similar to a tourist dwelling, resort, boardinghouse, motel or hotel. This definition shall be construed to include those individuals protected as a family unit by the Fair Housing Act or other applicable laws that do not result in a fundamental alteration of the city's local land use (zoning) scheme.

Fence. (Ord. No. 6-93-1535 deleted definition of "Fence")

Floor area, gross. Shall mean the total horizontal area of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. In particular, gross floor area shall include all spaces designed or intended for:

a.

Any permitted use or activity.

b.

Elevator shafts or stairwells at each floor.

c.

Mechanical equipment rooms and penthouses.

d.

Interior halls, balconies or mezzanines.

e.

Enclosed terraces, breezeways or porches.

f.

Accessory buildings or structures.

g.

Attics or basements (with headroom of seven (7) feet or more).

However, gross floor area shall not include space used for:

a.

Enclosed off-street parking spaces.

b.

Accessory water tanks or cooling towers.

c.

Uncovered steps and exterior balconies.

d.

Open or semi-enclosed gardens or atriums.

e.

Open terraces, breezeways or porches.

f.

Attics or basements (with headroom of less than seven (7) feet).

Floor area ratio (F.A.R.). Shall mean a nonresidential land intensity measure expressed as the ratio between the number of square feet of nonresidential gross floor area within structures on a lot and the total square footage of the lot. F.A.R. is derived by dividing floor area by lot area. Maximum F.A.R.'s set forth in this Code shall not be considered an entitlement. When in conflict with other established dimensional requirements, the most restrictive shall prevail.

Fraternal organization or private club. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a non-profit corporation or organization and such corporation or organization's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others. (Ord. No. 14-98-1662, § 1, 9-1-98)

Frontage, lot. Shall mean the length of street frontage between property lines measured at the street.

Garage, parking. Shall mean a building or portion thereof, designed and used for the indoor storage of vehicles.

Garage, repair. Shall mean an establishment, other than a parking garage, designed or used for the equipping, servicing, repairing, hiring, selling or storing of vehicles. The term "repair" shall not include a body shop, nor the rebuilding, dismantling or storage of wrecked or junked vehicles.

Garage, storage. Shall mean a building, or portions thereof, designed or used exclusively for term storage of motor-driven vehicles, as distinguished from daily storage, and at which motor fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold. All residential garages and carports shall be accessed by a residential driveway (see Section 20-4.4(C)(2)). (Ord. No. 27-24-2512, § 2, 12-10-24)

Garage sale. Shall mean the sale of personal property from a residence in a RS-Single Family Residential District and a RT-Townhouse District. The sale of personal property not in excess of five (5) items in number, provided that the items are specifically named or identified an advertisement published in a newspaper of general circulation, or the sale of personal property is pursuant to an order or process of a court, shall not be construed as a garage sale. (Ord. No. 6-98-1654, § 1, 4-21-98)

Garbage. Shall mean the animal, vegetable, and mineral waste resulting from the handling, preparation, cooking and consumption of food.

Grade. Shall mean the average elevation of the crown of the abutting roadways. (Ord. No. 15-20-2369, § 2, 5-19-20)

Gross Rent means any amount paid by a tenant in connection with the occupancy of a Residential Rental Unit, plus the cost of any services that are required to be paid by a tenant as a condition for occupancy, and the cost of any utilities, other than telephone, for such unit. If any utilities (other than telecommunications, cable or internet) are paid directly by the tenant, "gross rent," also includes a utility allowance determined as set forth in this paragraph. "Gross Rent" does not include any payment under Section 8 of the United States Housing Act of 1937 or any comparable federally funded tenant or project based rental assistance program with respect to such unit or to the occupants thereof, or any fee for supportive service that is paid to the owner of the unit on the basis of the low income status of the tenant of such unit by any governmental program of assistance or by any tax-exempt organization if such program or organization provides assistance for rent and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services within the meaning of Section 42(g)(2)(13) of the Code. For purposes of the foregoing, the allowable utility allowance is: (i) the United States Department of Housing and Urban Development ("HUD") published utility allowances (except as provided in clause (iv) hereof) in the case of a building whose rents and utility allowances are reviewed by HUD on an annual basis; (ii) the applicable Public Housing Agency ("PHA") utility allowances established for the Section 8 Housing Choice Voucher Program (except as provided in clause (iv) hereof) in the case of a building occupied by one or more tenants receiving HUD rental assistance payments ("HUD Tenant Assistance"); (iii) in the case of a building for which there is neither HUD Tenant Assistance, nor an applicable HUD utility allowance, the applicable PHA utility allowance; however, utility allowances based on estimates from local utility providers certifying the estimated costs of all covered utilities for units of comparable size and construction in the county where the building is located, determined in accordance with Internal Revenue Service Notice 89-6, may be obtained, in which case those estimates shall apply to all units of similar size and construction in the building. (Ord. No. 15-20-2369, § 2, 5-19-20)

Ground cover means plant materials which reach a maximum height of not more than twelve (12) inches present a finished appearance and reasonable complete coverage six (6) months from time of planting. (Ord. No. 15-20-2369, § 2, 5-19-20)

Group home (1). Shall mean a home licensed by the state department of children and family services, to operate as a residential family living environment with supervision for six (6) or less people. This is not considered a commercial use. Such a home is for persons who do not require special provisions for emergency evacuation. In addition, no such home may be located within one thousand (1,000) feet of another existing group home, with the said distance to be measured in a straight line from the nearest point of the property line of the existing home to the nearest point of the property line of the proposed home.

Group home (2) means an unlicensed group home operating as a residential family living environment with supervision for six (6) or less people. This is not considered a commercial use. Such a home is for persons who do not require special provisions for emergency evacuation. In addition, no such home may be located within one thousand (1,000) feet of another existing licensed or unlicensed group home; the distance is to be measured in a straight line from the nearest point of the property line of the existing home to the nearest point of the property line of the proposed home.

Guest room means a room which is used or intended to be used as a bedroom either temporarily or permanently.

Habitable room means a room in a residential unit used for living, sleeping, eating or cooking, but excluding baths, toilets, storage spaces or corridors. Every habitable room shall have a minimum ceiling height of seven (7) feet six (6) inches over fifty percent (50%) of its floor area.

Head of code enforcement agency means the Director of the Building and Zoning Department.

Hedge. (Ord. No. 6-93-1535, 6-1-93 deleted definition of "Hedge.")

Historic survey means a comprehensive survey involving the identification, research and documentation of sites and structures of any historical, cultural, archeological or architectural importance within the City of South Miami. (Ord. No. 13-22-2434, § 2, 5-17-22)

Home-based business means a business that operates, in whole or in part, from an improved residential property and meets the criteria in Section 559.955, Florida Statutes and the minimum standards in Section 20-3.6 of this Code. (Ord. No. 13-22-2434, § 2, 5-17-22)

Home Garage. Shall mean any attached or detached structure, or portion thereof, whether open or enclosed, which is used to park one or more vehicles in association with a single-family dwelling. A home garage or carport shall be accessed by a residential driveway (see Section 20-4.4(C)(2)). (Ord. No. 33-23-2484, § 2, 12-19-23; Ord. No. 27-24-2512, § 2, 12-10-24)

Hospital means a building, or group of buildings, having room facilities for one or more overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

Hotel means a building in which lodging, or boarding and lodging, are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such, a hotel is open to the public, in contrast to a boarding or lodging house, apartment hotel or multi-family dwelling.

Household. Shall mean the people who occupy a housing unit, and may include related family members, spouses, former spouses, persons related by blood or marriage, licensed and common-law, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married; and/or all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. (Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

Ice cream parlors means where ice cream, frozen yoghurt and other frozen confections and beverages are sold to the public, and are generally served in disposable containers for immediate consumption on or off the premises, which have no more than ten (10) seats whether inside or outside. Any ice cream parlor having more than ten (10) seats whether inside or outside shall be treated as a restaurant. (Ord. No. 30-11-2103, § 1, 10-4-11)

Impervious coverage means the portion of the lot area improved with an impervious surface that does not meet the minimum permeability rate for pervious material of the greater of eight-tenths (0.8) inches per hour or as set by Miami-Dade County in Chapter 24 of the Miami-Dade County Code, as may be amended from time to time. This term is intended to include all portions of the lot that are not landscaped open space. Impervious area also includes artificial turf in the front yard, or artificial turf in the rear yard that covers or is covered by any impervious material or structure. (Ord. No. 18-23-2469, § 2, 9-19-23)

Impervious material means any material which prevents the absorption of water into the natural landscape, such as but not limited to roads, streets, sidewalks, parking areas, buildings, swimming pools or rooftop landscapes.

Infestation means the presence of insects, rodents, vermin or other pests within or contiguous to a dwelling.

Junked or wrecked vehicles means any motor vehicle which is inoperable, does not have lawfully attached unexpired Florida license plates and/or is wrecked, dismantled or partially dismantled.

Land use regulations means the whole body of regulations, charts, tables, diagrams, maps, notations, references and symbols, contained in or referred to in the South Miami Comprehensive Plan, including the Future Land Use Map, which can only be changed, modified, or amended by the adoption of an ordinance. (Ord. No. 32-09-2024, § 2, 12-8-09)

Landscaping shall consist of any of the following or combination thereof: material such as but not limited to grass, ground cover, shrubs, vines, hedges or trees; and non-living, durable material commonly used in landscaping, such as but not limited to rocks, pebbles or sand, but excluding vehicular paving. Decorative statues or symbols are permissible, but shall not substitute for any requirement.

Lawn grass means all grass species normally grown as permanent lawns in Miami-Dade County. Grass may be solid sodded, plugged, sprigged or seeded, except that solid sod shall be used in areas subject to erosion. In areas where other than solid sod or grass is used, nurse-grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. Grass sod shall be clean and reasonably free of weeds and noxious pests or disease.

Liquor store (package store) means all retail establishments engaged in the sale of alcoholic beverages for consumption off the premises only, but shall not include grocery stores, convenience stores or supermarkets. (Ord. No. 10-10-2035, § 1, 4-6-10)

Live-work unit (LWU). Shall mean a residential unit that includes flex space that may be used for commercial, office, studio, as an artist or designer's studio or workroom as further regulated by the zoning district. Separate entrances may be available for the live and work portions of an LWU. Design standards and disposition within the building are further regulated by applicable zoning districts that permit LWU. (Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24)

Living area means gross floor area. (Ord. No. 14-17-2284, § 1, 7-18-17)

Local access roadway means a roadway that is connected to a collector roadway and provides a direct approach to individual residences and structures.

Lot means land occupied or intended for occupancy by a permitted use, including one principal or main building, together with its permitted accessory buildings, and the yard setbacks and off-street parking spaces required herein and having its principal frontage upon a dedicated public street or upon an officially approved private drive.

Lot, corner means a lot abutting upon two (2) or more public streets at their intersection.

Lot coverage (Ord. No. 12-90-1452, 7-24-90 deleted definition of "Lot coverage.")

Lot, interior means a lot, other than a corner lot.

Lot, through (double frontage) means an interior lot having frontages on two (2) parallel or approximately parallel streets.

Lot line means a line of record bounding a lot which divides one lot from another lot or from a public street.

Lot of record means a lot which is part of an officially recorded subdivision plat in the public records of Miami-Dade County.

Lot width means the horizontal distance between the side lot lines measured at the required front yard setback line and parallel to the front street property line. (Ord. No. 15-20-2369, § 2, 5-19-20)

Low-Income Tenant or Low-Income Individual means an individual or a family whose adjusted annual income (subject to HUD-authorized exclusions) is greater than sixty percent (60%) but does not exceed eighty percent (80%) of the area median income as determined by HUD and as published annually for Miami-Dade County by Florida Housing Finance Corporation based upon figures provided by HUD, as adjusted for family size. In no event, however, shall occupants of a such dwelling unit be considered to be of low income if all the occupants are students, but excluding from such definition the following: (i) single parents who are students with all children also being students and the household receives Aid to Families with Dependent Children ("AFDC") payments, or if the students are enrolled in certain federal, state, or local job training programs and are considered lower income, or (ii) a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of a third party. (Ord. No. 15-20-2369, § 2, 5-19-20)

Low-Income Unit means any dwelling Unit in a building if: (i) the unit is a Rent-Restricted Unit, and (ii) the individuals occupying the unit are Low-Income Tenants. (Ord. No. 15-20-2369, § 2, 5-19-20)

Massage therapist means a person who is licensed in accordance with, and who practices massage therapy as defined in Chapter 480 of the Florida Statutes. (Ord. No. 7-91-9091, 3-19-91; Ord. No. 15-20-2369, § 2, 5-19-20)

Medical marijuana (also known as medical cannabis) means all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient (as defined by the state) and as the term "medical cannabis" is defined by Florida Statute. The term "cannabis" does not include hemp as defined in F.S. § 581.217, or as amended, or industrial hemp as defined in F.S. § 1004.4473, or as amended, and it does not include a drug product described in F.S. § 893.03(5)(d), or as amended. (Ord. No. 41-19-2354, § 1, 12-3-19)

Medical marijuana center (MMC) means either a medical marijuana retail center or a medical marijuana processing center as defined herein.

Medical marijuana retail center (MMRC) means a retail establishment, licensed by the Florida Department of Health as a "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, product development, or processing of any form of medical marijuana or medical marijuana product, and does not allow on-site consumption of medical marijuana.

Mezzanine means an intermediate level between the floor and ceiling in any story or room which does not exceed one-third (⅓) the gross floor area in that room or story in which it is superimposed and with clearance above and below the mezzanine on not less than seven (7) feet six (6) inches in height.

Mixed use. means the use or occupancy of a building or parcel for both residential and nonresidential purposes.

Mobile automobile wash/wax service means a motorized vehicle equipped to provide a self-contained facility for washing, waxing, and otherwise cleaning or "detailing" automobiles. (Ord. No. 15-91-1480, 5-21-91)

Mobile pet grooming service means a service operated from a motorized vehicle, van, or trailer where animals are bathed, clipped or combed for the purpose of enhancing their appearance or health and for which a fee is charged; providing that the service is performed on private property not owned, used or rented by the business provider; and providing that the service is to be totally conducted inside the vehicle, van, or trailer outside of public view. (Ord. No. 10-09-2002, § 1, 7-21-09; Ord. No. 15-20-2369, § 2, 5-19-20)

Moderate-Income Tenant or Moderate-Income Individual means an individual or a family whose annual adjusted income (subject to HUD-authorized exclusions) is greater than eighty percent (80%) but does not exceed one hundred twenty percent (120%) of the area median income as determined by HUD and as published annually for Miami-Dade County by Florida Housing Finance Corporation ("FHFC") based upon figures provided by HUD, as adjusted for family size. In no event, however, shall occupants of a unit be considered to be of Moderate-Income if all the occupants are students, but excluding from such definition the following: (i) single parents who are students with all children also being students and the household receives Aid to Families with Dependent Children ("AFDC") payments, or if the students are enrolled in certain federal, state, or local job training programs and are considered lower income, or (ii) a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of a third party. (Ord. No. 15-20-2369, § 2, 5-19-20)

Moderate-Income Unit means any unit in a building if: (i) the unit is a Rent-Restricted Unit, and (ii) the individuals occupying the unit are Moderate-Income Tenants. (Ord. No. 15-20-2369, § 2, 5-19-20)

Motel means a building in which lodging is provided and offered to the public for compensation. As such, it is open to the public in contrast to a boarding or lodging house or a multi-family dwelling. Motels are usually designed to serve tourists traveling by automobile. Ingress and egress to rooms need not be through a lobby or office and parking usually is adjacent to individual guest rooms. (Ord. No. 15-20-2369, § 2, 5-19-20)

Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or maximum effect, nameplate capacity shall mean the intended full-load sustained output of a facility such as a photovoltaic system. (Ord. No. 14-17-2284, § 1, 7-18-17)

National register of historic places means a federal listing maintained by the U.S. Department of the Interior of buildings, sites, structures and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966.

Night club means a building, room or rooms or other places where the principal business shall be to provide food, refreshments and entertainment, and:

(1)

Where accommodations for the service of meals to at least two hundred (200) persons is provided; and

(2)

Where a band, orchestra or some other form of musical entertainment, is provided for dancing; and

(3)

Where sufficient space, free of tables and chairs or other obstructions, is provided to enable at least one hundred (100) persons to dance.

Nonconforming use means the lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located. (Ord. No. 09-22-2430, § 2, 4-19-22)

Nursing Home/Skilled Nursing Facility means an institution which undertakes to provide for a period exceeding twenty-four-hours nursing service, personal care, or custodial care for three or more persons not related to the owner or manager, 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. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. Nursing service means such services or acts as may be rendered, directly or indirectly, to and on behalf of a person by individuals as defined in F.S. § 464.003. (Ord. No. 09-22-2430, § 2, 4-19-22)

Occupant means any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit.

Occupational license-home location means an occupation conducted as an accessory use to a residential use in a residential unit and is in accordance with the provisions of Section 20-3.6(P). The incidental taking of office work home and completing same, by a person having a business address other than the residence, shall not constitute the establishment of a home office and shall continue to be permitted in conjunction with a residential use without regard to the provisions of Section 20-3.6(P) of this Code. (Ord. No. 1-92-1496, 1-7-92; Ord. No. 12-00-1714, § 1, 4-18-00)

Open space means that part of a lot, including courts and yards and areas improved with artificial turf, which is open and unobstructed from its lowest level upward, and accessible to all residents on the lot without restrictions except as may be required for safety. Not more than ten percent (10%) of any required open space shall be water area. (Ord. No. 18-23-2469, § 2, 9-19-23)

Open space, active means an area intended for rigorous recreational activities such as tennis, baseball, badminton and other games requiring physical exertion. Structures and off-street parking areas related exclusively to such activities shall also be included in the definition.

Open space, landscaped means those portions of a lot's open space that are devoid of any impervious material and have vegetation in those areas, including the portion of tree canopy that does not cover any impervious material or structure irrespective of whether such undercanopy area is vegetated. Also referred to as "green space." (Ord. No. 18-23-2469, § 2, 9-19-23)

Open space, passive means an area intended for tranquil recreational activities such as walking, sitting, observing and the less active games like shuffleboard and croquet. Structures and off-street parking areas related exclusively to such activities shall also be included in the definition. (Ord. No. 18-23-2469, § 2, 9-19-23)

Operator means any person, who has charge, care or control of a multi-family structure or rooming house, in which dwelling units or rooming units are let or offered for occupancy.

Ordinary repairs or maintenance means work done to prevent deterioration of a building or structure or decay of or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage.

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

(a)

Has legal title to any building arranged, designed or used, in whole or in part, to house one or more dwelling units; or

(b)

Has charge, care or control of any building arranged, designed or used, in whole or in part, to house one or more dwelling units, as owner or agent of the owner, or as a fiduciary of the estate of the owner or any officer appointed by the court. Any such person thus representing the actual owner shall be bound to comply with the terms of this Code and any notice or rules and regulations issued pursuant thereto, to the same extent as if he were the owner.

Owner of a designated property means the name of a person which is reflected on the current Miami-Dade County tax rolls or current title holder.

Parking lot, commercial means any lot upon which space for the parking of vehicles is provided for or offered to the general public for compensation.

Parking space, off-street means an all-weather, surfaced area which is permanently reserved for the temporary storage of one vehicle and connected with a street or alley by an all-weather surfaced driveway which affords direct vehicle ingress and egress without requiring another vehicle to be moved.

Penthouse means any structure above the main roof of a building used for living, professional or business purposes, or for housing elevator machinery and water storage tanks. Each story of a penthouse except when used for machinery or storage for water is considered as an additional story to the height of the building. (Ord. No. 09-22-2430, § 2, 4-19-22)

Personal services means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services. Personal services shall not be construed to mean the provision of medical, nursing, dental or mental health services. (Ord. No. 09-22-2430, § 2, 4-19-22)

Personal skills instruction studio means a facility in which the business teaches its students a skill such as arts and crafts, yoga, dance, martial arts, and music in a one-on-one setting or a class of fifteen (15) people or less and where students do not practice the skill(s) on the premises without an instructor constantly being present. It does not include a business that provides instruction concerning how to exercise, physical fitness, muscle building, the lifting, pulling or pushing of objects for the purpose of increasing stamina, muscle mass, agility or muscle response time nor instruction in any skill involving shouting, name calling or the playing of loud music, any of which can be heard outside the building. (Ord. No. 10-92-1505, 6-2-92; Ord. No. 37-19-2350, § 2, 11-19-19)

Photovoltaic system (PV) means a type of solar collector that uses photovoltaic cells to directly convert sunlight into electricity. (Ord. No. 14-17-2284, § 1, 7-18-17)

Photovoltaic thermal collectors means photovoltaic, thermal hybrid solar collectors, sometimes known as hybrid PV/T systems or PVT, which are systems that convert solar radiation into thermal and electrical energy. (Ord. No. 14-17-2284, § 1, 7-18-17)

Physical barrier means a hedge, fence, wall or trellis. (Ord. No. 6-93-1535, 6-1-93)

Physical fitness facility means a building which is used for sports, health and recreational uses by the general public or by members not restricted to living within a specified area (such as facilities provided by homeowner's association or multiple-family development). Such facilities include, but are not limited to, tennis, basketball, or racquetball courts, swimming pools, weight training, exercise classes, health spas and other similar uses. (Ord. No. 37-19-2350, § 2, 11-19-19)

Physical therapist means a person who is licensed in accordance with, and who practices physical therapy as defined in, Chapter 486 of the Florida Statutes. (Ord. No. 7-91-9091, 3-19-91)

Planned unit development (PUD) means land development involving:

(a)

Land under unified control, to be planned and developed as a whole;

(b)

In a single development operation or an approved, definitely programmed and staged series of development operations, including all lands, buildings, structures and development;

(c)

For principal and accessory uses and structures substantially related to the character and purposes of the particular planned unit development and the zoning district in which it is located;

(d)

According to comprehensive and detailed plans that include not only streets, utilities, lots or building sites and the like, but also site plans, conceptual floor plans and conceptual elevations for all buildings intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land related to the buildings; and

(e)

With a program for provision, operation and maintenance of such areas, improvements, facilities and services as will be for common use by the some or all of the occupants or employees of, or visitors to, the planned unit development but will not be provided, operated or maintained at general public expense.

Plant material. Shall mean plants conforming to the standards for Florida No. 1, or better, as given in the current "Grade and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, or equal thereto.

Premises. Shall mean a lot, plot, or parcel of land including the buildings or structures thereon.

Psychologist. Shall mean a person who is licensed in accordance with, and who practices psychology as defined in, Chapter 490 of Florida Statutes. (Ord. No. 7-91-9091, 3-19-91)

Publication or publish means to publish a legal notice in accordance with Florida Statutes, Chapter 50. Publication may be achieved by one of the following: publication in a newspaper, on a publicly accessible website as detailed in F.S. ch. 50, or in any other manner so authorized or directed by the City Charter, Florida Statutes, Miami-Dade County, or any other relevant authority. When published on the publicly accessible website coordinated by Miami-Dade County, in the manner provided in F.S. ch. 50, the City shall also publish the title on its website. (Ord. No. 02-24-2487, § 3(Exh. B), 2-6-24)

Quick Printing shall mean a business establishment which does photostating, photocopying, with printing equipment limited to printing on presses accommodating sheet sizes no larger than 11×17 inches. (Ord. No. 22-99-1696, § 1, 11-16-99)

Rental unit means a dwelling unit that is offered for rent, lease or hire intended for rental on a temporary basis. (Ord. No. 15-20-2369, § 2, 5-19-20)

Rent-Restricted Unit means a Residential Rental Unit where the Gross Rent with respect to such unit does not exceed thirty percent (30%) of the imputed income limitation applicable to such unit. For purposes of the foregoing, the imputed income limitation applicable to a Residential Rental Unit is the income limitation set forth for Very Low-Income Tenants, Low-Income Tenants and Moderate-Income Tenants occupying the unit if the number of individuals occupying the unit are (i) one individual, in the case of a unit that does not have a separate bedroom, and (ii) one and one-half (1.5) individuals for each separate bedroom, in the case of a unit that has one or more separate bedrooms. The level of income for residential tenants shall be based on the Area Median Income (AMI) as determined by the Miami-Dade Public Housing and Community Development Agency", as modified from time to time. The Owner shall require that the residential units shall be rented to Very Low-Income Tenants, Low-Income Tenants and Moderate-Income Tenants as defined in this section. (Ord. No. 15-20-2369, § 2, 5-19-20)

Residential Rental Unit, for the purposes of regulating Affordable Housing, means dwelling units made available for rental, and not ownership, to Very Low-Income Tenants, Low-Income Tenants and Moderate-Income Tenants, each of which units shall contain complete living facilities that are to be used other than on a transient basis together with facilities that are functionally related or subordinate to the living facilities. The units shall at all times be in good condition and repair at all times. (Ord. No. 15-20-2369, § 2, 5-19-20)

Restaurant, accessory means an establishment where the principal business is the sale of food and beverages to the customer in a ready-to-consume state and where the design or principal method of operation consists of a small specialty restaurant having floor area exclusively within an office center, sharing common parking facilities with other businesses within the office center, and having access to a common, interior pedestrian and delivery service, but excludes any service to a customer in a motor vehicle. Seating must be provided for all patrons and signage outside the center is prohibited. (Ord. No. 26-91-1491-A, 11-19-91; Ord. No. 15-20-2369, § 2, 5-19-20)

Restaurant, convenience. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle. This use may include delivery service with City Commission approval. (Ord. No. 26-91-1491-A, 11-19-91)

Restaurant, general: Shall mean an ice cream parlor with more than 10 seats, whether inside or outside, as well as a business engaged in the sale of food and beverages prepared, served, and consumed primarily on the premises of the business, and where the design or principal method of operation consists of the following:

Sit-down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non-disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or

Cafeteria-type restaurants where food and beverages are generally served in non-disposable containers and consumed on the premises. All such cafeteria-type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of sit-down or cafeteria-type restaurants, public streets, rights-of-way, and sidewalks may not be used for patio or street-side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. (Ord. No. 30-11-2103, § 1, 10-4-11)

Restaurant, walk-up. Shall mean an establishment where the principal business is the sale of food and beverage to the customer in a ready-to-consume state and where the design or principal method of operation is that of a storefront restaurant offering quick food service to pedestrian where orders are taken at a counter, where food is generally served in disposable wrapping or containers, and where food and beverages may be carried out or consumed at tables in a patio area on private property. This use excludes any service to a customer in a motor vehicle, but may include delivery service with City Commission approval. (Ord. No. 26-91-1491-A, 11-19-91)

Right-of-way line. Shall mean the outside boundaries of a street right-of-way, whether such right-of-way is established by dedication or by official map.

Rights-of-way, official. Shall mean the designated planned right-of-way width of all arterial and collector streets as established by the city's adopted Comprehensive Plan.

Room. Shall mean any compartment in any building, including parlors, dining rooms, kitchens, offices, stores, sample rooms, living rooms, but not including halls, bathrooms, closets, pantries, storage equipment rooms and cabanas.

Rooming unit. Shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping, but not for cooking or eating purposes.

Rubbish. Shall mean all combustible and noncombustible waste, except garbage.

School. Shall mean institutions of general education offering kindergarten through 12th grade education or some substantial portion thereof.

Screen enclosure. Shall mean a frame of metal, wood or other approved structural material supporting no roof or walls, only approved insect screening, which possesses at least fifty (50) percent open area per square inch.

Service station. Shall mean any building, structure or land used for the sale of vehicle fuels, oils or accessories, or for the servicing or repairing of minor parts and accessories, but not including major repair work such as motor replacement, body repair or painting and excluding public garages.

Setback. Shall mean the horizontal distance between a building and the street right-of-way line or a side or rear property line.

Shed, Utility shed. A single-story, non-habitable detached storage building that is accessory to the primary or principal building and designed and used primarily for storing tools, mechanical equipment, lawn and garden equipment, home accessories, personal belongings, and other similar objects. (Ord. No. 33-23-2484, § 2, 12-19-23)

Shopping center. Shall mean a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, (2) provision for goods delivery separated from customer access, (3) aesthetic considerations and (4) protection for patrons from the elements. (Ord. No. 35-92-1529, 12-15-92)

Shrubs and hedges. Shall mean self-supporting, woody, evergreen species of a minimum height of two (2) feet, except as otherwise required herein, when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous solid visual screen within a maximum of one year after time of planting. Spacing of plants shall be no more than two and one-half (2.5) to three (3) feet on center, depending on species.

Site plan means a drawing illustrating a proposed development and prepared in accordance with the specifications of this Code. (Ord. No. 15-20-2369, § 2, 5-19-20)

Solar collectors means any photovoltaic or solar-thermal collectors or any combination thereof. (Ord. No. 15-20-2369, § 2, 5-19-20)

Solar thermal collectors means either, low-, medium-, or high-temperature collectors. Low temperature collectors are flat plates generally used to heat swimming pools. Medium-temperature collectors are also usually flat plates but are used for creating hot water for residential and commercial use. High temperature collectors concentrate sunlight using mirrors or lenses and are generally used for electric power production. Hybrid photovoltaic-thermal systems are also included. (Ord. No. 15-20-2369, § 2, 5-19-20)

Solar zone means a place available on a roof for the installation of solar collectors that will receive unshaded sunlight at least five (5) hours a day. Exempt are roof sections sloped greater than thirty (30) degrees (7/12 rise-to-run) oriented within eighty (80) degrees of true north. If allowed by the Florida Building Code and notwithstanding any other provision in the City's Land Development Code, the solar zone shall be located on the roof or suitable overhang of the building of single-family residences and townhouses and for qualifying multi-family buildings, the solar zone can be located on any of the following locations: Roof of building, overhang of building, roof and/or overhang of another structure located on the same property within two hundred fifty (250) feet of the primary building, covered parking installed with the building, other structures including trellises, arbors, patio covers, carports, gazebos, and similar accessory structures as may be sufficiently strong to support a solar array. (Ord. No. 15-20-2369, § 2, 5-19-20)

Story means that portion of a building, other than a basement or mezzanine, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor next above it, then the space between such floor and the ceiling next above it. (Ord. No. 15-20-2369, § 2, 5-19-20)

Street. Shall mean a public roadway which affords the principal means of access to abutting properties.

Street, arterial. Shall mean a public roadway with signals at important intersections and stop signs on side streets, and which collects and distributes traffic to and from collector streets. Arterial streets shall be as designated on the city's adopted Comprehensive Plan.

Street, collector. Shall mean a public roadway which collects traffic from local streets and connects with arterial streets.

Street line. Shall mean a dividing line between a lot and contiguous street.

Structural alterations. Shall mean any change, except those required by law or ordinance, which would prolong the life or change the shape or size of any portion of a building or structure or of the supporting members of a building or structure, such as bearing walls, columns, beams, arches, floor or roof joists, or girders, including openings in bearing walls.

Structures means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but not limited to: Signs, backstops for tennis courts, fences, screen enclosures and pergolas. (Ord. No. 15-20-2369, § 2, 5-19-20)

Student, for the purpose of regulating Affordable Housing, means an individual who is attending an educational institution as a full-time student for some part of each of five (5) calendar months during the year. The phrase "attending an educational institution as a full-time student" includes any part of a month that the individual is registered in school for twelve (12) or more hours of class time per week if in high school or college, and nine (9) hours or more if in graduate school. (Ord. No. 15-20-2369, § 2, 5-19-20)

Subdivision means the subdivision of land into two (2) or more lots or other division of land into parcels of five (5) acres or less for the purpose, whether immediate or future, of transfer of ownership or building development. Also see definition in Chapter 28 of County Code. (Ord. No. 15-20-2369, § 2, 5-19-20)

Sunlit area. Shall mean that portion of a roof section receiving at least five (5) hours of sunlight on the equinox. (Ord. No. 14-17-2284, § 1, 7-18-17)

Swimming pool. Shall mean any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond, unless it is located and designed so as to be used for swimming or wading.

Tea-room. Shall mean a room or shop where tea, refreshments and food are served to customers; however, there shall be no cooking on the premises. (Ord. No. 1-94-1550, § 1, 2-1-94)

Temporary housing. Shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system for more than thirty (30) consecutive calendar days.

Temporary structure. Shall include a permitted structure that is without a foundation or footings, that is not constructed in the public right of way and that is either portable or easily disassembled.

Tent. Shall mean a canvas or cloth shelter from sun or weather and supported by a frame, poles, stakes or ropes and not attached to any building.

Toilet room or compartment. Shall mean any enclosed space containing one or more lavatories or plumbing fixtures.

Tourist dwelling. Shall mean a single-family or two-family dwelling which is used as a tourist dwelling. A single-family or two-family dwelling shall be considered a tourist dwelling according to the following criteria:

(1)

If the single-family or two-family dwelling is subject to or operates under an arrangement plan or design whereby the use of the dwelling or unit within the dwelling has been segmented over time so that owners, lessees or holders (regardless of the form or ownership or the form in which the right to use is expressed) of such unit has a recurring exclusive right to use either that dwelling or unit or another unit in the same dwelling according to a predetermined fixed schedule and only if the schedule would permit in any one year a change or turnover of occupancy four (4) or more times, it shall be considered a tourist dwelling.

(2)

If the single-family or two-family dwelling operates under or is subject to an arrangement plan or desing whereby sleeping accommodations and sanitary facilities within the dwelling or in a unit in the dwelling are offered to the public or reserved to private parties and the use thereof by members of the public is primarily on a daily, weekly, monthly or seasonal basis. Provided that when the dwelling or unit in the dwelling is the sole residence of the guest, a rebuttable presumption arises that the dwelling or unit is not being used as a tourist home. Provided further that if the occupancy of such dwelling or unit does not change more frequently than four (4) times or more in any continuous twelve-month period, then a rebuttable presumption shall arise that the dwelling or unit is not being used a tourist dwelling.

(3)

In addition to the above, is a single-family dwelling located in the RS Single-Family Residential District land use district is operated or used in such a way that it has a turnover in occupancy of more than two (2) times in any one year, it shall create a rebuttable presumption that such single-family dwelling is a tourist dwelling.

Transient Basis means the rental of a room or rooms for a period of one hundred eighty (180) days or less, counting a portion of a day as a full calendar day, unless the rental unit contains sleeping accommodations, a kitchen and bathroom facilities in a building used exclusively by a governmental entity or qualified nonprofit organization to facilitate the transition of homeless individuals to independent living and to provide such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing. (Ord. No. 15-20-2369, § 2, 5-19-20)

Unity of Title means a covenant running with and binding the land, executed by one or more property owner(s) whereby the property owner(s), for a specified consideration given by the City, agrees that the lots and/or parcels of land that are required to be united by the City's Land Development Code may not be conveyed, sold, transferred, devised, assigned, mortgaged or leased separate and apart from each other and that they must be held together as one tract with the understanding that: (a) If there are multiple offices, apartments, or condominium units, the Unity of Title does not prohibit the leasing of individual offices, or apartment units, the recording of a declaration of condominium on the property or the individual sale of condominium units, provided the conveying or leasing document is approved as to form and substance by the City Attorney and stating that it is subject to and bound by the Unity of Title and that the Unity of Title takes precedence and governs any ambiguity or conflict between the two (2) documents; and (b) the Unity of Title does not prohibit a sale or mortgage of one or more of the unified parcels provided the applicable conveyance or mortgage document, approved as to form and substance by the City Attorney, contains the same terms, condition, restrictions and understandings as the Unity of Title. Nothing contained herein may be construed to exempt property from taxation when the property is not tax exempt at the time of the unification of title. (Ord. No. 23-99-1697, § 1, 11-16-99; Ord. No. 15-20-2369, § 2, 5-19-20; Ord. No. 04-21-2394, § 2, 2-16-21)

Urgent care facility. An outpatient walk-in medical office/clinic that is staffed and capable of treating minor to moderate illnesses and injuries and is licensed under a sponsoring hospital. Urgent care facilities shall be staffed by physicians, nurses and other medical professional needed to treat patients on an urgent, but not emergency, basis. Typical services provided in urgent care facilities may include evaluation, management and treatment of non-emergent illnesses and injuries, including diagnostic imaging such as x-ray, cat scan, and basic lab tests in a medical treatment setting. Urgent care facilities shall not be equipped to handle medical emergencies that are critical or life threatening, that may result in serious impairment of health, or that because of the danger to life or health, require hospital facilities. (Ord. No. 19-24-2504, § 2, 8-20-24)

Use. Shall mean any purpose for which buildings or other structures or land may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity, or operation to be carried on or intended to be carried on in a building or other structure or on land; or a name of a building or other structure or tract of land which indicates the purpose for which it is arranged, designed, intended, maintained, or occupied.

Used merchandise (antiques). Shall mean an establishment, not representing the original manufacture, distributor or retailer, which sells previously-owned, secondhand or vintage goods, apparel or products which are over thirty (30) years of age and considered collectors items in that they are no longer being produced in their original form and style.

Used merchandise (consignment goods). Shall mean an establishment, not representing the original manufacture, distributor or retailer, which sells previously-owned, secondhand or vintage goods, apparel or products for their residual value as used merchandise by someone other than the current owner on a commission basis.

Used merchandise (motor vehicle parts). Shall mean an establishment, not representing the original manufacture, distributor or retailer, which sells previously-owned or secondhand motor (vehicle parts or products for their residual value as used merchandise.

Used merchandise (secondhand goods). Shall mean an establishment, not representing the original manufacture, distributor or retailer, which sells previously-owned, secondhand or vintage goods, apparel or products for their residual value as used merchandise.

Vehicle, commercial. Shall mean any vehicle designed, intended or used for transportation of people, goods, or things, other than private passenger vehicles and trailers for private non-profit transport of goods and/or boats.

Vehicular use areas means all areas used for the circulation, parking and/or display of any and all types of vehicles, boats or heavy construction equipment, whether self-propelled or not, and all land upon which vehicles traverse as a function of the primary uses, including, but not limited to, activities of a drive-in nature such as service stations, convenience stores, banks, restaurants and the like. Only driveways and parking spaces serving single-family and two-family residential uses shall be excepted from this definition. (Ord. No. 15-20-2369, § 2, 5-19-20)

Very Low-Income Tenant or Very Low-Income Individual means an individual or a family whose annual adjusted income (subject to HUD-authorized exclusions) does not exceed sixty percent (60%) of the area median income as determined by HUD and as published annually for Miami-Dade County by Florida Housing Finance Corporation ("FHFC") based upon figures provided by HUD, as adjusted for family size. In no event, however, shall occupants of a unit be considered to be of Very Low-Income if all the occupants are students, but excluding from such definition the following: (i) single parents who are students with all children also being students and the household receives Aid to Families with Dependent Children ("AFDC") payments, or if the students are enrolled in certain federal, state, or local job training programs and are considered lower income, or (ii) a housing unit occupied exclusively by full-time students may qualify as lower income if the students are a single parent and his/her minor children and none of the tenants are a dependent of a third party. (Ord. No. 15-20-2369, § 2, 5-19-20)

Very Low-Income Unit means any unit in a building if: (i) the unit is a Rent-Restricted Unit, and (ii) the individuals occupying the unit are Very Low-Income Tenants (or the unit is held available for rental to Very Low-Income Tenants if previously rented to and occupied by Very Low-Income Tenants). (Ord. No. 15-20-2369, § 2, 5-19-20)

Vines means plants which normally require support to reach mature form and which are a minimum of thirty (30) inches in height immediately after planting. Vines may be used in conjunction with fences, screens or walls to meet physical barrier requirements. (Ord. No. 15-20-2369, § 2, 5-19-20)

Wall. (Ord. No. 6-93-1535, 6-1-93 deleted definition of "Wall.")

Waterway. Shall mean any body of water, including any creek, canal, river, lake, bay or ocean, or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.

Whirlpool spa means a hydrotherapy pool not to exceed three (3) feet in depth with a water surface area of not more than one hundred (100) square feet. (Ord. No. 15-20-2369, § 2, 5-19-20)

Workforce housing means Moderate-Income Units as defined in this section. This definition also applies to the term "Attainable Workforce Housing." (Ord. No. 15-20-2369, § 2, 5-19-20)

Yard means an open area, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Code. (Ord. No. 15-20-2369, § 2, 5-19-20)

Yard, front. Shall mean a yard across the full width of the lot extending from the front line of the building to the front street right-of-way line of the lot.

Yard, rear. Shall mean a yard extending the full width of the lot between the principal or main building and the rear lot line.

Yard, side. Shall mean a yard on the same lot with the building between the principal or main building and the adjacent side of the lot, and extending from the front yard to the rear yard thereof.

Zoned right-of-way means the ultimate planned design width of a public street right-of-way as set forth in the City's adopted Transportation Element (See "Rights-of-way, official").

(Ord. No. 34-08-1969, § 1, 9-2-08; Ord. No. 01-09-1993, § 1, 2-3-09; Ord. No. 17-11-2090, § 1, 4-10-11; Ord. No. 01-12-2117, § 1, 1-3-12; Ord. No. 11-14-2189, § 1, 5-20-14; Ord. No. 10-15-2217, § 2, 4-21-15; Ord. No. 04-17-2274, § 1, 3-21-17; Ord. No. 06-17-2276, § 1, 4-4-17; Ord. No. 14-17-2284, § 1, 7-18-17; Ord. No. 05-18-2294, § 1, 3-6-18; Ord. No. 37-19-2350, § 2, 11-19-19; Ord. No. 41-19-2354, § 1, 12-3-19; Ord. No. 06-20-2360, § 2, 2-4-20; Ord. No. 07-20-2361, § 2, 2-4-20; Ord. No. 15-20-2369, § 2, 5-19-20; Ord. No. 04-21-2394, § 2, 2-16-21; Ord. No. 20-21-2410, § 1, 9-7-21; Ord. No. 21-21-2411, § 2, 9-7-21; Ord. No. 09-22-2430, § 2, 4-19-22; Ord. No. 13-22-2434, § 2, 5-17-22; Ord. No. 18-23-2469, § 2, 9-19-23; Ord. No. 33-23-2484, § 2, 12-19-23; Ord. No. 02-24-2487, § 3(Exh. B), 2-6-24; Ord. No. 17-24-2502, § 2(Exh. A), 6-18-24; Ord. No. 19-24-2504, § 2, 8-20-24; Ord. No. 27-24-2512, § 2, 12-10-24)