For the purposes of this chapter, the following words, terms and phrases shall have the meanings herein set out. Words, terms and phrases not covered under this chapter are made reference to in "A Glossary of Zoning, Development, and Planning Terms," edited by Michael Davidson and Fay Dolnick, December 1999.

ABUTTING — To reach or touch; to touch at the end or be contiguous with; joint at a border or boundary; terminate on.

[Added 12-18-2008 by Ord. No. 2008-316]

ACCESSORY BUILDING — A secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. Also see "guesthouse."

ACCESSORY STRUCTURE — A separate, subordinate building or structure devoted to an accessory use on the same plot with a building, which is occupied by, or devoted to a principal use.

ACCESSORY USE — A use that is subordinate to and serves a principal use; is subordinate in area, extent and purpose to the principal use; and is located on the same lot or lots under same ownership and in the same land use district as the principal use.

ADDITION (to an existing building) — 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 fire wall. Any walled and roofed addition, which is connected by a fire wall or is separated by independent perimeter load-bearing walls, shall constitute new construction.

ADULT ENTERTAINMENT USE —

[Amended 12-18-2008 by Ord. No. 2008-316]

A.

Any place in which a principal use is the exchange, for consideration in any form, monetary or otherwise, for profit or not for profit, of materials or exhibitions, including but not limited to books, magazines, photographs, performances, videotapes, electronic media or movies which have as their dominant theme matters depicting, describing, demonstrating or relating to completely or to opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating to human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

B.

Places which are considered adult uses shall include the location of any organization, association or establishment, including any public or private enterprise, club, bar, lounge or nightclub in which a principal use is the exchange, for consideration in any form, monetary or otherwise, for profit or not for profit, of materials or exhibitions, including but not limited to books, magazines, photographs, performances, videotapes, electronic media or movies which have as their dominant theme matters depicting, describing, demonstrating or relating to completely or opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating to human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

ALCOHOLIC BEVERAGE — Any distilled spirit, liquor, beer or wine as defined by F.S. § 561.01(4).

ALCOHOLIC BEVERAGE SALES A.P.S. BEER AND WINE — The sale of alcoholic beverages, specifically limited to beer and/or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco as an alcoholic package store (A.P.S.) for consumption off the premises of the establishment selling the alcoholic beverages.

ALCOHOLIC BEVERAGE SALES A.P.S. BEER, WINE AND LIQUOR — The sale of alcoholic beverages, which may include beer, wine and/or liquor, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco as an alcoholic package store (A.P.S.) for consumption off the premises of the establishment selling the alcoholic beverages.

ALCOHOLIC BEVERAGE SALES C.O.P. BEER AND WINE — The sale of alcoholic beverages, specifically limited to beer and/or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C.O.P.) of the establishment selling the alcoholic beverages.

ALCOHOLIC BEVERAGE SALES C.O.P. BEER, WINE AND LIQUOR — The sale of alcoholic beverages, which may include beer, wine and/or liquor, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C.O.P.) of the establishment selling the alcoholic beverages.

ALLEY — A through public right-of-way less than 25 feet in width which affords only a secondary means of access to abutting property and commonly located to the rear or side of a property.

ANTENNA — A transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in telecommunications (personal wireless) services 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 omnidirectional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

ANTENNA DISH, DISH ANTENNA or SATELLITE DISH — An antenna with a concave shape used for the reception and/or transmission of radio signals to and from satellites.

ANTENNA TOWER — A tower or structure used to support an antenna at some height above the ground.

APARTMENT — A room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one family with kitchen facilities for the exclusive use of the one family.

APARTMENT BUILDING — A building which is used or intended to be used as a home or residence for three or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units.

APARTMENT GARAGE — A building designed and intended to be used for the housing of vehicles belonging to the occupants of an apartment building on the same premises, in connection with living quarters and having a square foot area not more than sufficient to house a number of automobiles not exceeding the number of apartments contained in the principal building.

APARTMENT HOTEL — A building containing apartments which may have one or more bedrooms ("lockout rooms") that may be accessed and occupied independent (separate keyed entry) of the primary apartment space and each apartment including any lockout rooms and all facilities and outdoor areas used in common by all tenants are owned, administered and maintained by a corporation created pursuant to Florida Statutes. No more than 5% of the apartment units may be occupied for more than six months by the same owner, lessee or sublessee. The owner, lessee or sublessee may occupy the remaining apartments for extended-stay periods of up to six months duration during any twelve-month period. The apartment and any appurtenant lockout bedroom(s) may be rented collectively or separately on a transient basis for periods of one to 180 days providing central reservation service, maid, linen or other room services customarily provided by hotel management and operations. A management company shall manage the building at all times and shall submit to the City's Zoning Department an annual report delineating lease and rental activities for each unit within the building by June 30 of each year. Failure to file this report shall result in a fine of $500 and an audit by the City.

APPLICATION FOR DEVELOPMENT APPROVAL — A completed application for approval of a proposed use or structure and for issuance of a development order including but not limited to applications for approval of plats, conditional uses, rezonings, site plans and variances, etc.

ASSISTED-LIVING FACILITY (ALF) — 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.

ATTACHED COMMERCIAL — A building with a common roof that houses more than one commercial tenant.

ATTACHED RESIDENTIAL — A building with a common roof that houses more than one dwelling unit, each on its own lot, with a common or abutting wall shared for at least 50% of the length of the side of the dwelling.

ATTACHED RESIDENTIAL LOT — A fee simple ownership lot for the purpose of an attached dwelling unit. These housing unit product types may include, but are not limited to, fee simple duplex, row house and townhouse units.

ATTACHED RESIDENTIAL, MINIMUM LOT AREA PER UNIT — The minimum required lot area of each attached residential lot within a development parcel.

ATTACHED RESIDENTIAL, MULTIFAMILY — A group of two or more dwelling units, which are attached by one or more bearing walls. These housing unit product types include garden apartments, townhouse units and may include other attached units.

AWNING — A roof-like cover that is temporary or portable in nature and that projects from the wall of a building. The purpose of an awning is to shield a doorway or window from the elements.

BARS, LOUNGES AND NIGHTCLUBS — A commercial establishment whose primary business is the sale of alcoholic beverages for consumption on premises and where under 50% of gross receipts are related to food service. Bottle clubs as defined by Florida Statutes shall also be included.

BASE FLOOD — The flood having a one percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood.

BASE FLOOD ELEVATION (BFE) — Elevation of the 100-year flood. The BFE is determined by statistical analysis for each local area and is designated on the FIRMs. This elevation is the basis of the insurance and floodplain management requirements of the NFIP.

BEACH ACCESS — Means and includes a nonexclusive, publicly accessible, open air and unenclosed landscaped hard surface area easement linking Collins Avenue to the Oceanfront Beach, of not less than 15 feet wide and to be located within a required side setback area, on that side of the property closest to a signalized public crosswalk on Collins Avenue and, where practicable, on the side adjacent to an existing beach access easement, provided by abutting property with such easement to be over, across, under and through said property, with the elevation of such easement to be no more than six feet above grade.

BOAT — A vessel for travel on water including but not limited to jet-skis, wet-bikes, fishing boats and any other such watercraft and their trailers.

BOTTLE CLUBS — See "bars, lounges and nightclubs."

BOUNDARY OF DISTRICT — The center line of a street or right-of-way or the center line of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the maps.

BUFFER YARD — An area of landscaping and open space around the perimeter of a development parcel, or an area adjacent to a parking lot, which is used to screen differing land uses from each other.

BUILDING — A building is any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind.

BUILDING CODE — The Florida Building Code, as amended.

CANAL — A body of water having a width of 100 feet or less for linear areas in excess of 200 feet in length and used principally for the conveyance of water.

CANOPY — See "awning."

CAPACITY — The capability of a facility to serve the needs of a user such as water, sewer, solid waste and drainage facilities, parkland, and transportation facilities.

CAPITAL IMPROVEMENTS — The planning of, engineering for, acquisition of land or equipment, and the construction of improvements and facilities with a useful life of at least three years, but does not include routine maintenance.

CARPORT — A structure intended for vehicle storage not completely enclosed by walls.

CHILD- OR ADULT-CARE CENTER — An enterprise involving the care of five or more children and/or senior adults at one and the same time, either by day or night, which children and/or senior adults are not foster children or related by blood or marriage to the operator. Adult-care centers shall not include those uses meeting the definition of assisted-living facilities or nursing home.

CHURCH — See "religious facility."

CITY MANAGER — The chief executive officer of the City as defined by the City Code and Charter who shall have such duties as are legally prescribed.

COMMERCIAL RECREATION — A business, or zoning district whose primary purpose is recreational activities. Commercial recreation provides for major public and private commercial recreational, civic and cultural facilities, which offer recreational opportunities to residents and tourists. Commercial recreation uses include but are not limited to sports arenas, theme parks, amusement parks and golf courses. Commercial recreation uses may include movie theaters, bowling centers, health clubs, pool halls, spas or video arcades if they are accessory uses to the main recreational uses.

COMMERCIAL USE — 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; entertainment uses; small appliance repair; printing; studios and galleries; instructional businesses; and recreational uses such as movie theaters, bowling centers, health clubs, pool halls, or video arcades.

COMMISSION — The City Commission of the City of Sunny Isles Beach.

COMPREHENSIVE PLAN or PLAN — The City's Comprehensive Plan as adopted by Ordinance No. 2000-105 and as may be amended from time to time. ^[98]

CONDITIONAL USE — Uses which may be allowed under certain circumstances in a particular zoning district after review and approval by the City Commission.

CONDOMINIUM — The form of real estate ownership defined by the Florida Condominium Act, F.S. ch. 718, as amended from time to time.

CONDOMINIUM APARTMENT BUILDING — A building in which individual dwelling units are held in separate private ownership (condominium) and all floor space, facilities, and outdoor areas used in common by all owners or tenants are owned, administered and maintained by a corporation created pursuant to Florida Statutes.

CONTIGUOUS — Next to, abutting, or touching and having a boundary, property line or portion thereof, that is common to both properties.

DENSITY, NET — The number of residential dwelling units divided by the net parcel area.

DENSITY or GROSS DENSITY — The number of residential dwelling units or rooms allocated to the project divided by the total project acreage.

DESIGN FLOOD ELEVATION (DFE) — The elevation of the highest flood (generally the BFE including freeboard) that a retrofitting method is designed to protect against. Also referred to as Flood Protection Elevation.

DETACHED RESIDENTIAL — An individual residential dwelling that is not attached to another dwelling unit.

DETACHED RESIDENTIAL, MINIMUM LOT AREA PER UNIT — The minimum required lot area of any detached residential lot within a development parcel.

DEVELOPER — Any person, corporation, partnership, other legal entity or a governmental agency, undertaking any development as defined in these LDRs.

DEVELOPMENT — The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels.

A.

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

(1)

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

(2)

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.

(3)

Alteration of a shore or bank of a lake, pond, or canal, including any "coastal construction" as defined in F.S. § 161.021.

(4)

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

(5)

Demolition of a structure.

(6)

Clearing of land as an adjunct of construction.

(7)

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

B.

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

(1)

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.

(2)

Work by any utility and other persons engaged in the distribution or transmission of gas, water, sewerage, or 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.

(3)

Work for the maintenance, renewal, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(4)

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

(5)

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

(6)

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

(7)

The use of any land for the purpose of growing plants, crops, trees, and other agriculture or forestry products; raising livestock; or for other agricultural purposes.

(8)

A change in use of a structure from a permitted use within a zoning district to another permitted use in the same zoning district.

C.

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 — An agreement between an individual, partnership, corporation or other governmental entity and the City 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 City Manager, City Attorney or designee provided it complies with state law.

DEVELOPMENT APPROVAL, DEVELOPMENT ORDER or DEVELOPMENT PERMIT — Any building permit, site plan approval, conditional use approval, temporary use permit, subdivision approval, change of land use district boundary, plan amendment, or any other official action to grant, deny or grant with conditions, issued by any official, commission, or board of the City having the effect of permitting development. See also F.S. § 163.3164.

DEVELOPMENT PARCEL — A parcel of land used for residential or nonresidential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space and other public or private uses.

DEVELOPMENT SERVICES DIRECTOR — Shall be the director of the Development Services Department or the designee as appointed by the City Manager.

DISH ANTENNA — See "antenna dish."

DISTANCE — For the purpose of regulating adult entertainment uses, distance shall be measured from the center of the main entrance of the adult entertainment business and follow the usual and customary path of pedestrian travel to the center of the main entrance of another adult entertainment use or religious facility or, with respect to schools and child-care centers, to the nearest point of the school or child-care property.

DIVIDED ROADWAY — A street where the opposing directional lanes of traffic are separated by a median or center turn lane.

DRIVE-THROUGH OR DRIVE-THRU — 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.

DUPLEX UNIT — Two dwelling units connected by a one-hour or greater fire-resistant wall.

DWELLING UNIT(S) — 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 multiunit structure or complex which are licensed by the State Department of Business Regulation, Division of Hotels and Restaurants, as "apartments," "time share apartments," "apartment-hotels," "rental condominiums" and "retirement housing."

EMERGENCY — Any occurrence, or threat thereof, whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds as declared by the City Manager or designee.

ENGINEERING CONSTRUCTION PERMIT — A permit issued by the City Engineer or designee prior to the construction of any public improvements on public or private property.

EXCAVATION — 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.

EXCEPTIONAL HARDSHIP — A burden on a property owner that substantially differs in kind or magnitude from the burden imposed on other similarly situated property owners in the same land use district as a result of adoption of these LDRs.

FAA — The Federal Aviation Administration.

FENCE — An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

FINISHED ELEVATION — The proposed elevation of the land surface of a site after completion of all site preparation work.

FIRE CODE — The Florida Building Code and other codes adopted by the City for the prevention or control of fires.

FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of tidal waters or the unusual and rapid accumulation of runoff of surface waters from any surface.

FLOOD INSURANCE RATE MAP (FIRM) — 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.

FLOODPLAIN — Shall have the same meaning as "Special Flood Hazard Area (SFHA)."

FLOODPROOFING — A combination of structural and/or nonstructural additions, changes, or adjustments to properties or structures subject to flooding which will reduce or eliminate flood damages to properties, water and sewer facilities, structures, and contents of buildings.

FLOOR AREA — See "gross floor area."

FLOOR AREA RATIO (FAR) — The number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross area of that lot.

FREEBOARD — Additional amount of height incorporated into the Design Flood Elevation (DFE) to account for uncertainties in the determination of flood elevations.

FREESTANDING COMMERCIAL — A structure used for commercial uses, which does not share common walls or a roof with another building.

FRONT FACADE AREA — The area of a structure's or business' front surface area for the purpose of calculating permitted wall and graphic sign area. It shall be calculated by multiplying the height to roof deck, or underside of second floor slab or structural deck of multistory structures, by the length of the structure's or business' front facade. The facade area shall include doors and windows. The facade area shall not include canopies, overhang areas or other architectural embellishments.

FRONT STREET — At street corners, or in other situations where a lot abuts more than one street, the front street shall be the street upon which the lot address is based. In the case of unusual lot configurations, the front street shall be as determined by the Zoning, Planning and Building Director.

FUNCTIONAL INTEGRITY — The completeness and natural stability of an assemblage of native plants and animals as indicated by measures of, among other things, continuity, species diversity, species interdependence and biomass.

FUTURE LAND USE MAP OR LAND USE PLAN — The adopted Future Land Use Map of the Future Land Use Element of the City adopted pursuant to Ordinance 2000-105, (See Ch. 132, Comprehensive Plan.) as defined in Rule 9J-5 of the Florida Administrative Code.

FUTURE TRANSPORTATION SYSTEM PLAN — The Miami-Dade County Future Transportation System Plan, as amended from time to time or any subsequently adopted major and collector street plan of the City.

GOVERNMENTAL AGENCY —

A.

The United States or any department, commission, agency, or other instrumentality thereof;

B.

The State of Florida or any department, commission, agency, or other instrumentality thereof;

C.

Any local government or any department, commission, agency, or other instrumentality thereof; or

D.

Any school board or other special district, authority, or governmental entity.

GRADE — 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.

GRADE, FINISHED — The final elevation of the ground surface after development.

GROSS ACRE or GROSS AREA — The total area of a parcel including submerged lands within a platted lot.

GROSS FLOOR AREA (GFA) — 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 centerline 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, required parking spaces within a parking garage, balconies and ancillary power equipment rooms.

GROUND DISTURBING ACTIVITY — Excavation or removal of vegetation.

HAZARDOUS MATERIALS — Shall have the same meaning as that found in the Florida Building Code.

HEIGHT — The vertical distance from the minimum Design Flood Elevation (DFE) of the structure, per the Florida Building Code and American Society of Civil Engineers, to the mean roof height between eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat roof and to the deckline of a mansard roof. In addition: Chimneys shall be permitted to extend three feet above the highest point of the roof where it passes through the roof or three feet above the roof if the roof is flat; parapet walls and railings constructed on buildings with flat roofs shall be permitted to extend not higher than 42 inches above the roof; steeples shall be permitted to extend above the roof, not higher than 42 inches.

HELIPORT — Any area of land, or any man-made object or facility located thereon, which is used, or intended for use, for the landing and takeoff of vertical-takeoff aircraft and any appurtenant areas which are used, or intended for use, for heliport buildings or other heliport facilities or rights-of-way, together with all heliport buildings and facilities located on that area.

HELISTOP — Any area of land or any man-made object or facility located thereon or building rooftop area which is used, or intended for use, solely for the landing and takeoff of vertical-takeoff aircraft and which has no appurtenant areas, buildings or other facilities supporting the use, landing and takeoff of vertical-takeoff aircraft.

HOME OCCUPATION — An accessory use of a portion of a dwelling unit as a personal office or business by a resident of the dwelling only.

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

HOTEL — A building within which a commercial establishment provides lodging as overnight sleeping accommodations for the public in which ingress and egress to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Hotels shall be managed by a single entity and open to the public on a transient basis with no unit therein occupied by the same tenant or group of tenants in excess of six months within any 12-month period. Hotel rooms shall be fully furnished and room keys and mail services shall be continually offered from a desk in the main lobby. Centralized telephone and messaging service shall be continually offered to each room or suite of rooms available for lodging. Daily linen service and other customary hotel services shall be offered to individuals lodged therein.

HOTEL UNIT — A room or suite of rooms provided as a temporary sleeping accommodation for transient individuals within a building conforming to the definition of "hotel."

INTENSITY — The same as "floor area ratio."

LAND — The earth, at or below the surface, that lies above mean high water for water bodies.

LAND USE —

A.

The development that has occurred on land; or

B.

The development that is proposed on land; or

C.

A use that is permitted or permissible on the land under the Plan, or element or portion thereof, or LDRs.

LIGHT INDUSTRIAL USE — An industrial use for the manufacture, fabricating, processing, converting, altering and assembling of products, repairing, packaging or treatment of goods, the nature of which is that it will not cause or result in: dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials including hazardous materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attracted to the use.

LOCAL PLANNING AGENCY (LPA) — In accordance with Ordinance 2000-105 of the City of Sunny Isles Beach, (See Ch. 132, Comprehensive Plan.) the City Commission has been designated as the Local Planning Agency for the City pursuant to F.S. § 163.3174.

LOCKOUT ROOM — A bedroom or separate room with sleeping accommodations and without cooking facilities that is part of the functional living space of an individual apartment unit and which has a separate keyed entry directly from a public corridor and may be secured and occupied independent of the primary apartment space. Lockout rooms are associated with the operation and management of an apartment-hotel.

LOT — A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

LOT AREA — The area enclosed by the exterior boundaries of the lot. No portion of the public or private vehicular rights-of-way adjacent to a lot shall be calculated as part of the lot's area. Submerged lands shall not be counted as part of the lot's area except where the submerged lands are within the platted lot. Utility or other easements shall not be deducted from the lot area.

[Amended 9-22-2004 by Ord. No. 2004-215; 2-15-2007 by Ord. No. 2007-277]

LOT LINES, FRONT — In the case of a lot abutting upon only one street, the front lot line is the line separating such lot from such street. In the case of a corner lot that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans which meet the approval of the Director. Also see "right-of-way."

LOT OF RECORD — Either a lot or contiguous lots which exist, under single ownership at the time of adoption of this chapter, and which are part of a subdivision, the plat of which has been recorded in the public records of Miami-Dade County; or any parcel of land not part of a subdivision, that has been officially recorded by deed in the public records of Miami-Dade County.

LOT, THROUGH — Any lot having frontage on two parallel or approximately parallel streets or other thoroughfares, except platted lot, are required to maintain a decorative wall along the rear property line.

LOWEST FLOOR — 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.

MEAN SEA LEVEL — 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).

MOTEL — A commercial establishment which provides overnight sleeping accommodations for the public. Principal access to all rental rooms shall be from the outside, and parking spaces shall be oriented in such a manner so as to facilitate direct access from such units to the motor vehicles of the renters.

MUNICIPAL FACILITIES — Facilities provided by the City to serve the residents of the City. These facilities may include police and fire department stations; municipal utilities including but not limited to municipal offices; City parks; civic and cultural buildings; or any other uses, which the City Commission finds, serve the residents of the City.

NET ACRE or NET PARCEL AREA — The total area of a development parcel. Net acre or net parcel area shall not include rights-of-way and land dedicated or reserved for public parks or submerged land except where the submerged land is within the platted lot of the development project.

[Amended 9-22-2004 by Ord. No. 2004-215; 2-15-2007 by Ord. No. 2007-277]

NET DENSITY — See "density, net."

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

NONCONFORMING LOT OF RECORD — A lot of record, which does not meet the area or width requirements of these regulations for the zoning district in which it is located.

NONCONFORMING STRUCTURE — A structure lawfully established and having satisfied all legal requirements for construction and occupancy prior to and existing on the effective date of these regulations, or any amendment hereto which renders the structure nonconforming.

NONCONFORMING USE — A use lawfully established and having satisfied all legal requirements for occupancy prior to and being conducted on the effective date of these regulations, or any amendment hereto which renders the use nonconforming.

NURSING HOME or HOME FOR THE AGED — 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.

OFFICE — A use where the clerical, administrative, financial or consulting aspects of business, professional, medical or governmental services are conducted. Office uses shall include but not be limited to: financial institutions, insurance offices, medical offices, or business consulting services. Office shall not include the retail sale of merchandise, industrial uses or recreational uses.

OFFICER or OFFICIAL — An officer or official of the City of Sunny Isles Beach.

OPEN SPACE — 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 not include areas covered with buildings, parking areas driveways and other paved areas not associated with pedestrian use and recreational activities.

OUTDOOR LIGHTING — Any light source that is installed or mounted outside of an enclosed building, excluding streetlights within a right-of-way.

OWNER — Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal or beneficial title in whole or in part of a building or land.

PARCEL — A lot or contiguous group of lots or tract of land owned and recorded as the property of the same person or persons or controlled by a single entity and usually considered a unit for purposes of development.

PARK OR PUBLIC PARK — 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. The term public park is inclusive of parks managed by Miami-Dade County or State of Florida where the public park is adjacent to or within the boundary of the City of Sunny Isles Beach.

PARKING AREA — An area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located for the purpose of storing vehicles.

PARKING, OFF-STREET — The on-site parking allotment required for a given property based on a specific use or uses conducted thereon.

PARKING, SHARED — 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 — 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 SPACE, TANDEM — An arrangement of parking spaces irrespective of how configured, that involves: (a) moving at least one vehicle parked in a space in order to reach and move other vehicles out of another parking space; or (b) the parking of two or more vehicles that are parked adjacent to one another, either end to end or above the other.

PARKING, UNDERGROUND OR SUB-GRADE — An area that contains parking spaces and associated driveways and maneuvering aisles, is located within a building and has its roof or the finished floor above it not more than four feet above the adjacent finished grade.

PERMEABLE AREA or PERVIOUS AREA — Any portion of the ground unobstructed by a surface which prevents the natural seepage of water into the ground.

PERSON — An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

PLAN — See "comprehensive plan."

PLATTED LOT — A lot, which is identified on a recorded plat.

PLOT — See "lot."

PRINCIPAL BUILDING — 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.

PUB — See "restaurant."

PUBLIC BUILDINGS AND USES — Office and service buildings, uses, or facilities owned or operated by a governmental agency.

PUBLIC UTILITY — 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.

RECREATIONAL VEHICLE — A vehicle or portable structure built on a chassis, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, truck campers, camping trailers, and motor homes.

REHABILITATION CENTERS — Any facility for the treatment and rehabilitation of drug dependents as defined in F.S. ch. 397.

RELIGIOUS FACILITY — Any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the City at which nonprofit religious services and activities are regularly conducted.

RESIDENCE or RESIDENTIAL USE — Used or intended for use exclusively for dwelling purposes, including apartment hotels and time-share apartments, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms.

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

RETAIL — 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 — All rights-of-way for roads, including pedestrian and vehicular use, whether public or private.

ROAD CAPACITY — The maximum number of vehicles which can pass over a given section of a roadway, during a given time period under prevailing traffic conditions as defined in the current version of the Highway Capacity Manual.

SALE — The exchange of a good, service, product or other item for consideration, regardless of the form that consideration takes.

SATELLITE DISH — See "antenna dish."

SCHOOLS — 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.

SELF-SERVICE STORAGE FACILITY — A fully enclosed space used for warehousing which contains individual storage units.

SETBACK — Shall have the same meaning as "yard."

SIDEWALK — A concrete or other surface treatment pedestrian path no less than four feet in width which runs parallel to and within a right-of-way or connects two or more nonresidential parcels or connects a parking area to the entrance of a building.

SITE — Area of premises to be covered by a structure.

SPECIAL FLOOD HAZARD AREA (SFHA) — Portion of the floodplain subject to inundation by the base flood, designated Zone A, AE, A1—A30, AH, AO, AR, V, VE, or V1—V30 on a FIRM.

STREET OR ROAD, ARTERIAL — 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, 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. Also any street designated as a state principal arterial, state minor arterial or minor arterial according to the Transportation Element of the Comprehensive Plan.

STREET OR ROAD, COLLECTOR — A route providing service which 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.

STREET OR ROAD, LOCAL — 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. A local street or road is not a major street or road.

STREET OR ROAD, MAJOR — Any street or road with a right-of-way greater than or equal to 60 feet. 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 also "street or road, arterial" and "street or road, collector."

STREET OR ROAD, MINOR — Any street or road with a right-of-way less than 60 feet. See also "street or road, local."

STREET OR ROAD, PRIVATE — A street that has not been accepted by the City, Miami-Dade County or the State of Florida for public right-of-way purposes.

STREET OR ROAD, PUBLIC — A street that has been accepted by the City, Miami-Dade County or the State of Florida for public right-of-way purposes.

STRUCTURE — Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes fixed or movable buildings, which can be, used for housing, business, commercial, storage, agricultural, office, or any other purposes, either temporarily or permanently. Structure also includes, without limitation, roads, driveways, walkways, paths, fences, patios, decks, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, cisterns, sheds, docks, and other accessory construction.

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

SUBMERGED LANDS — Land underneath a water body which may be used for density and intensity purposes for a development project if the land is within the platted lot of the development.

SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or improvement of a structure conducted within any 12-month period, the cost of which equals or exceeds 50% of the predestruction, pre-reconstruction value of the structure, as determined by the Property Appraiser of Miami-Dade County, either before the improvement or repair is started, or 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 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 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.

TELECOMMUNICATION FACILITIES — 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 signals. 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 includes any antenna or broadcast equipment located outdoors, which is used for telecommunications and not otherwise defined as a dish antenna.

TEMPORARY USES — 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.

TIME SHARE UNIT — An individual dwelling unit in an attached residential multifamily development; said unit held under interval ownerships by multiple individuals, each with rights to use and assign through a management company the use of the dwelling unit during specified time periods during a calendar year and all floor space, facilities and outdoor areas used in common by all tenants are owned, administered and maintained by a corporation created pursuant to Florida Statutes.

TOTAL FLOOR AREA — See "gross floor area."

TOWN CENTER — That area more particularly described in the Future Land Use Element and on the Future Land Use Map in the City's adopted Comprehensive Plan (See Ch. 132, Comprehensive Plan.) and generally located between Sunny Isles Boulevard and 172nd Street.

TOWNHOUSE — More than two attached dwelling units that are constructed adjacent to each other, not one on top of another; and no portion of one townhouse shall be in front or in the rear of another townhouse unit. Each unit shall be connected to the side of an adjacent unit by one party wall per side. The party wall(s) shall be constructed from the foundation to the building roof and shall attach the townhouse unit(s) along their length perpendicular to the building's front and rear elevations. The length of the shortest attachment along any unit's party wall shall be no less than 50% of the length of the building's maximum overall length, measured from the rear.

TREE SURVEY — A document meeting the requirements of 21-HH F.A.C., which can 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 nonnuisance trees which are proposed to be destroyed, relocated, impacted, or preserved;

B.

The common and scientific names of each tree; and

C.

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

TRIP — A one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). For the purposes of these provisions, trip shall have the meaning, which it has in commonly accepted traffic engineering practice and which is substantially the same as that definition in the ITE Trip Generation Manual, current edition.

TRIP GENERATION — The production or attraction of vehicle trips produced by a specific land use or activity.

USABLE OPEN SPACE — Common land areas, either landscaped or developed as active recreational, but not located within or on top of a residential structure.

UTILITY SHED — An accessory detached storage building.

VARIANCE — A grant of relief from the strict enforcement of these regulations, which permits construction in a manner otherwise prohibited by these regulations.

VEHICLE — A conveyance for persons or materials.

VEHICULAR USE AREA — Areas on a parcel of land used for traffic circulation and parking which include, but are not limited to, driveways, parking spaces and access aisles, stacking areas and bypass lanes for drive-through windows, or outdoor retail sales and display areas for new or used cars, trucks, boats or recreational vehicles.

WAREHOUSE — A business or building used primarily for storage and distribution of goods and materials by manufactures, wholesalers, and distributors.

WAREHOUSE, SELF-STORAGE — A business or building used primarily for storage of materials and personal goods by businesses and persons. A self-storage warehouse building is leased in small increments to businesses and persons which do not conduct any business activity from the leased area and do not require an occupational license pursuant to the City Code.

WATERFRONT — Any lot that is a lot of record as of the date of this ordinance shall be considered a waterfront lot provided it has at least 75% of one lot line at the time the lot became of record, that abuts and is contiguous to any body of water, including creek, canal, bay, ocean, river or any other body of water, natural or artificial, whether said lot line is front, rear or side. The term waterfront shall not include a swimming pool, stormwater management area, or decorative water feature. The benefits, if any, inuring to a waterfront lot are not transferrable.

WETLAND — That land which is subject to F.S. § 373.019.

WETLAND MITIGATION — 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 — 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.

WINE — The word "wine" shall be as defined in F.S. § 561.01(4).

YARD — An open area between a building and a parcel, lot or street easement/right-of-way line, which is within a parcel boundary; or that area within a parcel between a building and another building. This area shall be unoccupied and unobstructed from the ground upward, except for permitted encroachments otherwise allowed in these LDRs. In measuring a required yard, the horizontal distance from the furthermost projection of the main building shall be used.

YARD, FRONT — A yard extending across the full width of the plot between the front plot line and the required setback line. Every required front yard shall be measured at the closest point between the lot or parcel line and the structure. See also "front street."

YARD, REAR — A yard extending across the full width of the plot between the rear plot line and the required setback line. Every required rear yard shall be measured at the closest point between the lot or parcel line and the structure.

YARD, SIDE — A yard extending from the front yard to the rear yard, between the side plat line and the required setback line. Every required side yard shall be measured at the closest point between the lot or parcel line and the structure.

ZONING PARCEL — A parcel of land included in a specific zoning district by adoption of the Official Zoning Map or a parcel of land rezoned by ordinance.

(Ord. No. 2003-173, 7-15-2003; Ord. No. 2004-215, 9-22-2004; Ord. No. 2005-241, 12-8-2005; Ord. No. 2007-277, 2-15-2007; Ord. No. 2008-316, 12-18-2008; Ord. No. 2012-383, § 1, 2-16-2012; Ord. No. 2015-448, § 2, 3-19-2015; Ord. No. 2015-458, § 2, 7-16-2015; Ord. No. 2021-562, § 34, 3-18-2021; Ord. No. 2023-605, § 2, 5-18-2023; Ord. No. 2024-621, § 2, 11-21-2024)

In the interpretation of the language of these LDRs, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the City Commission.

A.

Generally.

(1)

Terms used in these regulations, unless otherwise specifically provided, shall have the commonly understood meanings, per definition contained within these LDRs, or the meaning reasonably ascribed to them by the City Commission.

(2)

In the interpretation and application of any provision of these regulations, the provision shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these LDRs imposes greater restrictions upon the subject matter than a general provision imposed by another provision of these regulations or other City ordinance, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

B.

Computation of time. The time within which an act is to be performed and completed shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday recognized by the City, that day should be excluded.

C.

Administrative delegation of authority. Whenever a provision of these LDRs requires any City officer or employee to do some act or perform some duty, these Land Development Regulations shall be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. Following any reorganization of the structure or duties of existing departments, authority shall be delegated to the appropriate successor department or division.

D.

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter and vice versa.

E.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning.

F.

Number. A word importing the singular number may extend and be applied to several persons or things as well as to one person or thing. The use of the plural number shall be deemed to include any single person or thing.

G.

Shall, may. The word "shall" is mandatory; "may" is permissive.

H.

Tense. Words used in the past or present tense include the future as well as the past or present.

I.

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

J.

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

K.

Day. The word "day" shall mean a calendar day, unless otherwise indicated.

L.

Boundaries. Interpretations regarding boundaries of zoning districts shown on the Official Zoning Map shall be made in accordance with the following:

(1)

Centerlines as boundaries. Where such boundaries are indicated as approximately following the centerlines of streets, alleys, or waterways, such lines shall be construed to be such boundaries.

(2)

Property lines and the like as boundaries. When such boundaries are indicated as approximately following the lines of lots or other parcels of record, such lot or parcel lines shall be deemed to be such boundaries.

(3)

Boundaries dividing a parcel of land. Where a zoning district boundary divides a parcel of land, the location of such boundary, unless dimensions shown on the map indicate the same, shall be determined by use of the scale appearing thereon and scaled to the nearest foot.

(4)

Boundaries in or adjacent to bodies of water.

(a)

Where district boundaries appear to follow shorelines or center lines of bodies of water, they shall be construed as following such shorelines or centerlines. In case of change in shorelines or course or extent of water, the boundaries shall be construed as moving with the change.

(b)

Boundaries indicated as entering any body of water but not continuing to intersect with other zoning boundaries or with the limits of jurisdiction of the City shall be construed as extending in the direction in which they enter the body of water to intersect with other zoning boundaries or with the limits of jurisdiction.

(c)

Boundaries indicated as approximately following mean high water lines or centerlines of canals, bays, or other bodies of water shall be construed as following such mean high water lines or center lines.

(5)

Boundaries indicated as parallel to or extensions of features listed. Where district boundaries are indicated as parallel to or extension of features listed above, they shall be so construed.

(6)

Dimensions. Where dimensions are not otherwise indicated on or by the Official Zoning Map, the scale of the map shall govern.

(7)

Variation of actual location from mapped location. Where physical or cultural features existing on the ground are at variance with those shown on or by the Official Zoning Map, the actual location shall govern.

(8)

Interpretation of uncertainties. Where uncertainties continue to exist and/or further interpretation is required beyond that presented in the above paragraphs, the question shall be presented to the Development Services Director in accordance with the provisions of these LDRs.

(Ord. No. 2021-562, § 34, 3-18-2021)