This Code shall be entitled the "Land Development Code" and may be referred to herein as the "code."

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act), the City of Sweetwater Charter effective October 10, 1941, and the general powers in F.S. chs. 166 and 125 (city and county government).

For purposes of this Code, the following terms or words shall be used in interpretation of the purpose and intent.

Abandoned property. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.

Abutting: To reach or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on. The term implies a closer proximity than the term "adjacent." No intervening land.

Access: The principal means of ingress and egress to abutting property from a publicly dedicated right-of-way.

Accessory building or structure: An attached or detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use.

Acre: An acre shall contain 43,560 square feet of land or water.

Adjacent: Lying near or close to; sometimes contiguous; neighborhood. The term implies that the two objects are not widely separated, though they may not actually touch.

Adopted levels of service: The levels of service for public facilities and services adopted in the City of Sweetwater comprehensive master plan.

Adult day care center. As defined in Chapter 429, Florida Statutes, an adult day care center shall include a facility that provides, for a part of a day, care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Said care services may include, but are not limited to, providing a protective and noninstitutional setting with therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care. Care services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment. On-site supportive and optional services provided at an adult day care center may include, but are not limited to, speech, occupational, and physical therapy; legal consultation; consumer education; and referrals for follow-up services. Overnight stay or overnight care is not permitted. A valid certificate of use shall be obtained and renewed annually. Adult day care centers shall be licensed in accordance with Chapter 429, Florida Statutes, and proof of such license shall be provided to the county prior to issuance of a certificate of use.

Adult group home: Shall mean a nursing home facility, adult congregate living facility or adult family-care home facility licensed pursuant to Chapter 400 of the Florida Statutes, Parts II, III and VII, respectively.

Adversely affected person: Any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

Aged person: Any person age 60 or over who is currently a resident of the state and who, because of a functional impairment, requires personal assistance with the activities of daily living but does not require nursing home or institutional care.

Alley: A right-of-way which affords only a secondary means of access to property abutting thereon and is not intended or used for general traffic circulation.

Alcoholic beverages. The term "alcoholic beverages" shall be as defined by section 561.01(4), Florida Statutes.

Alterations, building: Any change in the structure which will increase the number of dwelling units, the floor area, height of the structure, or any work which requires a permit pursuant to the Florida Building Code.

Antennas. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, which includes but is not limited to telephonic, radio or television communications. Types of antennas included, but are not limited to; whip antennas, panel, and/or cylinder type antennas.

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

(i)

Guyed tower. A tower that is supported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself;

(ii)

Lattice tower. A tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross section;

(iii)

Monopole. A tower of a single pole design; and

(iv)

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

Apartment. A room or a suite of rooms within an apartment unit, 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 hotel. Any public lodging establishment which otherwise meets the definition of a hotel, but which also has units with kitchen equipment and housekeeping facilities.

Architect: A duly registered and licensed architect in the State of Florida.

Automotive service station: A building or other structure on a tract of land used exclusively for retail sale of gasoline or other motor fuels and for any accessory uses such as: the sale of lubricants, accessories, supplies, cold drinks, candies, tobacco, and similar convenience goods for service station customers.

Bar or cocktail lounge: A structure or portion of a structure used primarily for the sale or dispensing of liquor, wine, or beer by the drink to be consumed on the premises.

Block: A parcel of land entirely surrounded by streets, railroad rights-of-way, parks or other public space or a combination thereof.

Buildable area: The portion of a lot remaining after the required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on the percent of the lot which may be covered by buildings may require open space within the buildable area. (See Lot coverage for restrictions of this nature.)

Building: Any structure constructed or built for support, enclosure, shelter, or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected which requires permanent location on the ground or is attached to anything having a permanent location on the ground and shall include, but not be limited to, such structures as homes, hotels, motels, apartments, stores, service stations, radio towers, billboards, cooling towers, tanks, smokestacks, windmills, and silos. Such terms shall be constructed as if followed by the phrase "or part thereof."

Building, detached: A building surrounded by yards or other open area on the same lot.

Building, front line of: The line of that face of the building nearest the front line of the lot.

Building, height: The vertical distance from grade to the highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one foot in 4½ feet. Height as applied to a story means the vertical distance from top to top of two successive finished floor surfaces.

Building line. The extreme overall dimensions of a building as staked on the ground, including all area covered by any vertical projection to the ground of overhang of walls, roof or any other part of a structure, whichever is nearest to the property line, will be considered as the building line.

Building official: As defined by the Florida Building Code, individual or authorized representative charged with administration and enforcement of the building codes for the City of Sweetwater.

Building permit: That official document which authorizes the commencement of construction or land alteration without need for further application and approval. Building permits include: all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.

Building, principal: The building housing the principal use.

Cabaret. The term shall mean a place of business other than a "night club" located in a hotel or motel having 50 or more guest rooms, where liquor, beer or wine is sold, given away or consumed on the premises, and where music or other entertainment is permitted or provided for the guest of said hotel or motel only.

Carport: A roofed accessory structure open on three or four sides, attached to the main building or detached, for the storage of one or more vehicles.

Carwash: A building or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and/or which may employ hand labor.

Centerline: The line midway between the right-of-way lines.

Certificate of occupancy: A statement signed by the building official setting forth that a building or structure legally complies with the Florida Building Code and that the same may be used for the purposes stated therein.

Child day care facility: An establishment where children are cared for on a part-time basis away from their own home by day.

City: City of Sweetwater.

Clinic: An establishment where patients, who are not lodged overnight except for observation or emergency treatment, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health-building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, veterinarians, or any such profession, the practice of which is lawful in the State of Florida.

Club, private. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a nonprofit corporation and such corporation's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others.

Common open space: An open space area within or related to a site designated as a development and designated and intended for the use or enjoyment of residents and owners of the development. Such space may contain such complementary structures and improvements as necessary and appropriate for the use and enjoyment of residents and owners of the development.

Community residential home. A dwelling unit licensed to serve clients of the State of Florida Department of Health and Rehabilitative Services, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded from said count.

Common property line: A line dividing one lot from another.

Commuter college/university. Any private college or university campus which is intended primarily to meet the needs of part-time and working students, which is located within a commercial, industrial park and urban center districts, and which meets the following criteria: i) the campus is designed without any residential dormitories, athletic facilities, performance venues, and other facilities which are typically provided in college campuses to service full-time students, and ii) the square footage of all college and university campuses within the shopping center or office park consists of no more than 150,000 square feet of total building space or ten percent of the square footage of the shopping center or office park, whichever is lower. A cafeteria/food court and school store selling new and used books and sundries for the convenience of students shall be considered as an ancillary use in connection with commuter college/university facilities provided that the square footage of such uses does not exceed ten percent of the total square footage of the facility.

Completely enclosed: A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodations of persons, goods, or vehicles.

Comprehensive master plan: The official public document adopted by the City Commission of the City of Sweetwater as a policy guide to present and future land use decisions.

Concurrency: A condition where specified facilities and services have or will have the necessary capacity to meet the adopted levels of service standards at the time of impact of the development project.

Conditional use: A use listed under a zoning classification with (CU) provided prior to the use.

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

Corner lot: See Lot.

Crown: The main mass of branching of a tree above the ground.

Cul-de-sac (dead-end street): A minor street with only one outlet terminating at one end with a circular turnaround.

DBH (diameter at breast height): The diameter of the trunk of a tree as measured 4½ feet above the ground.

Density: The ratio of the total number of dwelling units on a lot to the net lot area.

Department. Unless otherwise specified within this chapter, department shall mean the City of Sweetwater Building and Zoning or successor department.

Department of transportation: The Florida department of transportation.

Developer: Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this Code.

Development or development activity: Any of the following activities:

1.

Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

2.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the longterm storage of materials.

3.

Subdividing land into two or more parcels.

4.

A tree removal for which authorization is required under this Code.

5.

Erection of a permanent sign unless expressly exempted by this Code.

6.

Changing the use of a site so that a use variance or conditional use is required.

7.

Construction, elimination or alteration of a driveway onto a public street.

Director. The word "director" shall mean the director of the department or the director's designee, unless the context clearly indicates otherwise.

Director, zoning: The official charged with the enforcement of these regulations.

District: Any certain described area of Sweetwater to which these regulations apply and within which the zoning regulations are uniform.

Dripline: The outermost perimeter of the tree crown as projected vertically to the ground.

Drive-through facility: The term includes drive-through banks or teller windows, drive-through eating and drinking establishments, drive-through windows at liquor or other stores, or at laundry and dry cleaning agencies, carwashes and similar facilities. For purposes of these regulations, although having characteristics as indicated above, automotive service stations are subject to other special requirements and controls and are not to be construed as subject to controls and requirements applying to the drive-through establishments defined above as a class.

Dwelling unit: A house, apartment, or building used primarily for human habitation and shall include at least one bath and no more than one kitchen.

1.

Single-family dwelling: A building containing only a single dwelling unit.

2.

Duplex dwelling: A building containing only two dwelling units.

3.

Multiple-family dwelling: A building containing three or more dwelling units.

Easement: Any strip of land created by a subdivider or granted by the owner, for public or private utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Engineer, registered: A professional engineer registered by the State of Florida.

Enlargement or to enlarge: An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. "To enlarge" is to make an enlargement.

Family: Either a single person occupying a dwelling unit and maintaining a household, including not more than one boarder, roomer, or lodger as herein described; or two or more persons related by blood, marriage, or adoption occupying a dwelling, living together and maintaining a common household, including not more than one such boarder, roomer, [or] lodger; or not more than four unrelated persons occupying a dwelling, living together and maintaining a nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. A common household shall be deemed to exist if all members thereof have access to all parts of the dwelling.

Floor area ratio (F.A.R.): The ratio of the total floor area of building or buildings on a lot divided by the net lot area.

Floor area, total: The sum of the areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings, excluding the area for garages, whether separate or integral, and carports. In particular, floor area includes: floorspace in penthouses; any space providing structural headroom of six feet or more; floorspace of interior balconies or mezzanines; [and] any other floorspace used for dwelling purposes, no matter where located within a building, including accessory buildings.

Grade, finished:

1.

For buildings adjoining one street only, the elevation of [the] back of the sidewalk at the center of the wall adjoining the street.

2.

For buildings adjoining more than one street, the average of the elevations of the back of sidewalk at the centers of all walls adjoining streets.

3.

For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Ground cover: Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

Ground floor: A level of building, the floor of which is located not more than two feet below nor more than six feet above finished grade.

Group home. A dwelling unit licensed by the State of Florida Department of Health and Rehabilitative Services which is licensed to serve resident clients and which provides a living environment for not more than six unrelated residents who operate as a functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded in said count.

Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs.

Height of building. See Building height.

Home occupation. An occupation carried on solely by the occupant or occupants of a dwelling unit which is ancillary and secondary to the use of the dwelling for residential purposes. See section 62-72 of the City Code.

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

Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Improvement: Any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Kitchen: An enclosed space used or designed to be used for the preparation of food, and having at least one sink.

Landscape architect: A landscape architect registered by the State of Florida.

Landscape open space: The area fully landscaped unencumbered with any structure, off-street parking, ingress or egress drives or private drives including but not limited to other impervious areas, such as, concrete slabs, pools and pool decks.

Landscaping: Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges or trees) and nonliving landscape material (such as rocks, pebbles, sand and mulch). Landscaping shall include the preservation and incorporation of existing trees and vegetation into site development.

Loading space: Accommodation off the street for loading and unloading of trucks, in the form of one or more truck berths located either within a building or in an open space on the same lot.

Lot: Is either:

1.

A lot of record, as part of a land subdivision recorded in the office of the clerk of the circuit court of Miami-Dade County, and existing on the effective date of this Code or any applicable subsequent amendment thereto; or

2.

A tract of land under a unity of title document or tract of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which on the effective date of this Code or any applicable subsequent amendment thereto, was in single ownership; or

3.

A tract of land, located within a single block, which at the time of filing for a building permit (or, if no building permits required, at the time of filing for a certificate of occupancy) is designated by its owner or developer as a tract all of which is to be used, developed, or built upon as a unit under single ownership.

A lot, therefore, may or may not coincide with a lot as shown on the official tax maps of Miami-Dade County, or on any recorded subdivision plat or deed. For the purposes of this definition, ownership of a lot shall be deemed to include a lease of not less than 50 years' duration, with an option to renew such lease so as to provide a total lease of not less than 75 years' duration. A lot may be subdivided into two or more lots, provided that all resulting lots and all buildings thereon shall comply with all of the applicable provisions of this Code and all other applicable laws and regulations. If such lot, however, is occupied by a nonconforming building, such lot may be subdivided provided such subdivision does not create a new nonconformity or increase the degree of nonconformity of such building.

Lot area, gross: The net area of the lot, as defined herein, plus half of adjoining street rights-of-way.

Lot area, net: The total horizontal area included within lot lines.

Lot, corner: Either a lot bounded entirely by streets, or a lot which adjoins the point of intersection of two or more streets.

Lot coverage: That portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than three feet above the surface ground level.

Lot depth: The horizontal length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot.

Lot frontage: The shortest property line adjacent to a public street; it is also the front property line.

Lot, interior: Any lot neither a corner lot nor a through lot.

Lot line: The boundary of a lot.

Lot line, corner: The side property line of a corner lot adjoining the adjacent street.

Lot line, rear: A property line opposite and most distant from the front property line. For a triangular lot, the rear property line shall mean a line ten feet in length within the lot parallel to the front property line, or parallel to the chord of a curved front property line, and at the maximum distance from it.

Lot, through (double-frontage): Any lot, not a corner lot, having both the front and rear property lines adjacent to a public street.

Lot width: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines.

Mobile food service operation. The preparation/cooking, serving and/or sale of food conducted from a portable stand, vehicle or trailer. Each such stand, vehicle or trailer shall be considered a mobile food service operation. Mobile food service operations must obtain all required licenses from the State of Florida prior to operating in Miami-Dade County.

Mobile home: A manufactured detached, transportable single-family dwelling unit, manufactured upon a chassis or undercarriage as an integral part thereof, without independent motive power, designed for longterm occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems.

Mobile home rental park: A land area under unified control designed and planned to accommodate the housing needs of those residents who prefer mobile home living.

Mobile sales operations. Sales of products, limited to flowers, plants and produce that are conducted from a portable stand, vehicle or trailer. Each such portable stand, vehicle or trailer shall be considered a mobile sales operation.

Mulch: Nonliving organic material customarily used in landscape design to retard erosion and retain moisture.

Nightclub: See Chapter 6 nightclub definition.

Nonconforming development: A development existing at the time of the passage of this Code or amendment thereto, which does not conform to the property development regulations this Code.

Nonconforming lot: A single lot, tract or parcel of land of record or the subject of an agreement for deed or other instruments of conveyance properly executed prior to the effective date of this Code, or shown on either a recorded or unrecorded map, plat, drawing or survey under the ownership of a single person, firm, partnership, association, corporation, joint venture, estate, trust, joint tenancy, tenancy by the entireties or other combination of persons acting as a unit where such map, plat, drawing or survey was in existence at the time of the adoption of this Code, even though such lot fails to meet the requirements for area, width or depth, but provided that minimum yard dimensions and setbacks of the lot shall conform to the property regulations for nonconforming lots as hereinafter set forth.

Nonconforming use: A land use existing at the time of the passage of this Code, or amendment thereto, which does not conform to the provisions, requirements and regulations of the district in which it is located.

Official zoning map: The official map upon which the boundaries of each district are designated and established as approved and adopted by the governing body, made a part of the official public records of Sweetwater, Florida, and shall be the final authority as to amend zoning status of land and water areas, building, and other structures in the city.

Open space: A required exterior open area clear from the ground upward devoid of residential and commercial buildings, aboveground accessory structures including other impervious areas, such as driveways, concrete slabs, pools and pool decks.

Owner: A person who, or entity which, along, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parking area: The total area devoted to the parking and maneuvering of vehicles.

Parking lot: An open area which is used for the parking of automobiles.

Parking space: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Patio: A space which may be partially enclosed by wall, fence, or building and not considered part of the residential living structure.

Pet shop: A retail sales establishment primarily involved in the sale of domestic animals such as dogs, cats, fish, birds, and reptiles; excluding exotic animals and farm animals such as horses, goats, sheep and poultry.

Plat: A map depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other portions thereof; however, the same may be designated, prepared in accordance with the provisions of this Code and those of any applicable law and/or local ordinance; and which may be designated to be placed on record in the office of the clerk of the circuit court of Miami-Dade County.

Premises: Any lot, area, or tract of land whether used in connection with a building or not.

Property line, front: See Lot frontage.

Property line, rear: See Lot line rear

Public agency: Any government or government agency, board, commission, authority or public body of the City of Sweetwater, Miami-Dade County, the State of Florida, or of the United States government, or any legally constituted governmental subdivision or special district.

Public facilities and services: Major capital improvements and services for which level of service standards have been adopted in the City of Sweetwater comprehensive master plan including transportation, sanitary sewer, solid waste, drainage, potable water, and parks and recreation.

Public park: Any publicly owned park, playground, parkway, or other recreation areas and open space.

Residence: [See] Dwelling unit.

Restaurant: A building or room where food is prepared and served for pay and for consumption on the premises.

Resubdivision. Any change in the shape or size of any lot, tract or parcel of land previously platted for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage or other use. Any change in the shape or size of any lot, tract or parcel of land previously approved for building purposes whether immediate or future and regardless whether or not the same is vacant or improved in whole or in part, for sale, rent, lease, building development, anchorage or other use.

Retail: Sale for final consumption in contrast to sale for further sale or processing (i.e. wholesale). A sale to the ultimate consumer.

Rezoning: The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district(s). This process is known herein as a district boundary change.

Right-of-way: A strip of land dedicated or deeded to the perpetual use of the public.

Senior attainable housing: shall mean senior housing for households whose earnings are not more than 60 percent of the County's Area Median Income (AMI).

Senior housing: shall mean housing that is suitable for the needs of an aging population (55+). Any property owner proposing senior housing shall provide the city with a declaration of restrictions running with the land, and in a form acceptable to the city attorney, covenanting that residences shall be provided exclusively for the use of senior individuals (55+). All subsequent property owners shall be bound by the declaration of restrictions and the limitations set herein.

Service station: See Automotive service station.

Setback: A line running a certain distance back from and parallel with a property line, wherein no building, structure or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this Code.

Shopping center: A group of commercial establishments planned, developed, managed and operated as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves.

Shrub: A self-supporting woody perennial plant of low height characterized by multiple stems and branches continuous from the base.

Sign: An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, which directs attention to a product, place, activity, person, institution, or business.

Sign, accessory: A supplemental sign relating to products or services sold, affiliations, and/or uses of the premises on which the sign is located.

Sign area: That area within a line including the outer extremities of all letters, figures, characters, clocks, thermometers, temperature or time data, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area. Only one side of a double-faced sign shall be included in a computation of sign area.

Sign, detached: A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface such as a fence or wall, not a part of a building, shall be considered a detached sign.

Sign, directional: A sign indicating the direction or location of some service or facility incidental to a use or indicating an instruction.

Sign, flat: A sign erected parallel to the face of or erected or painted on the outside wall of any building and supported throughout its length by such wall or cantilever or marquee projections extending from the wall.

Sign, identification: A sign which indicates the name of a use, owner, activity, business or enterprise.

Sign, nonilluminated: A sign which is not illuminated by internal or external lights which are designed for such illumination, nor is designed with any special light-reflective surfaces.

Sign, portable: A sign not attached to or painted on a building, not affixed or permanently attached to the ground.

Sign, roof: A sign which is fastened to and supported by or on the roof of a building or which extends more than 12 inches above the highest flat roof parapet or eave line of a building.

Sign, snipe: A sign of any material attached to any object having no use reference to the premises where located and placed in use without the permission of the owner or lessee of the property.

Sign, temporary: A sign designed, constructed and intended to be used for a period of time not to exceed 60 days, unless otherwise provided for in this Code.

Site plan: A graphic and information representation of a specific design solution for a development phase or the entirety, meeting the requirements and conditions of this Code. The term "development order" shall be interchangeable with "site plan."

Story (floor): That part of a building between the surface of a floor and the ceiling immediately above. Basements and cellars used for residential or parking purposes shall be considered stories.

Street: A strip of land, owned privately or publicly, which affords the principal means of access to abutting property. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, expressway, lane, throughway, place, square or however otherwise designated within the above-mentioned right-of-way.

Street centerline: See Centerline.

Street right-of-way: See Right-of-way.

Subdivision: The division of a parcel of land, whether improved or unimproved, into two or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership, or, if the establishment of a new street is involved, any division of such parcel.

Surveyor: A land surveyor registered in the State of Florida.

Swimming pool: Any confined body of water, located either above or below the existing finished grade of the site, exceeding 150 square feet in surface area, and two feet in depth, designated, used, or intended to be used for swimming or bathing purposes.

Townhouse: A single-family dwelling unit attached to one or more other single-family dwelling units by not more than two party walls.

Townhouse cluster: Two or more townhouses connected by party walls in a single building.

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

Trailer park: See Mobile home rental park.

Tree: A self-supporting woody plant of a species normally growing to a mature height of at least 15 feet.

Tree removal: Directly or indirectly cutting down, destroying, removing or relocating, or effectively destroying (through damaging, trimming, authorizing or allowing the cutting down, destroying, removing, moving or damaging of) any tree.

Tree survey: A survey document which delineates (DBH, height and crown), locates, and identifies the species (scientific and common name) of trees, and vegetation upon a property.

Unity of title: A document recorded in the office of the Clerk of the Circuit Court of Miami-Dade County stipulating that a lot, lots or parcel of land shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.

Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Use, principal: The primary purpose for which land or building is used as permitted by the applicable zoning district.

Use, public: The use of any land, water, or building by a public agency for a public service or purpose.

Variance: A relaxation of the terms of this Code.

Vegetation, native: Any plant species with a geographic distribution indigenous to all or part of Florida. Plant species which have been introduced by man are not native vegetation.

Vehicle: Any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters.

Vehicular use area: An area designated for off-street parking, loading, circulation, access, storage or display of motor vehicles.

Vine: A plant with a flexible stem which normally requires support to reach mature form.

Yard: A required open space clear from the ground upward, unoccupied and unobstructed by any structure, except for fences, walls, and hedges as provided herein.

Yard, corner: A yard on the side of a corner lot, being the minimum horizontal distance between the corner lot line and any structure or any projections thereto.

Yard, front: A yard extending across the front of a lot, being the required minimum horizontal distance between the front property line and the front of the buildings.

Yard, interior: A yard between any structure and the side line of the lot, extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the structure or any projections thereto.

Yard, rear: A yard extending across the rear of a lot, being the required minimum horizontal distance between the rear property line and the rear of the building.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019; Ord. No. 4684, § 1(Exh. A), 12-7-2020; Ord. No. 4853, § 2(Exh. A), 8-1-2022; Ord. No. 4999, § 2(Exh. A), 10-16-2023; Ord. No. 5168, § 2(Exh. B), 6-2-2025)

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

A.

The particular shall control the general.

B.

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

C.

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

D.

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

E.

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

F.

The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

G.

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

H.

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either … or" the conjunction shall be interpreted as follows:

1.

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

2.

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

3.

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

I.

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

J.

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

K.

Words in the singular shall include the plural and words in the plural shall include the singular.

L.

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

M.

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

N.

The word "day" shall mean a calendar day, unless a working day is indicated.

1.04.01. General applicability. Except as specifically provided below, the provisions of this Code shall apply to all development in the City of Sweetwater, and no development shall be undertaken without prior authorization pursuant to this Code.

1.04.02. Exceptions.

A.

Previously issued building permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective building permit if:

1.

The development activity authorized by the building permit has been commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this Code but within six months of issuance of the building permit; and

2.

The development activity continues without interruption until the development is complete. If the building permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

B.

Previously approved site plans. Projects with approved site plans that have not expired at the time this Code or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the site plan was approved. If the site plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

C.

Consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the City of Sweetwater comprehensive master plan as amended from time to time.

1.05.01. General findings.

A.

Statutory requirement. F.S. ch. 163 requires each Florida local government to enact a single land development code which implements and is consistent with the local comprehensive master plan, and which contains all land development regulations for the city.

B.

General public need. Controlling the location, design and construction of development within the city is necessary to maintain and improve the quality of life in the city as more fully described below.

1.05.02. Specific findings relating to the various subject areas of this Code. With regard to the following specific subject areas of this Code, the city commission finds:

A.

Administration and enforcement.

1.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

2.

All development proposals should undergo a development review process to assure compliance with the requirements of this Code.

3.

A mandatory preapplication conference requirement enhances communication and understanding between the department and the developer thereby improving the efficiency of the development review process.

4.

Concept review allows developers to modify proposals in response to early citizen and staff comment.

5.

Developments of large potential impact on the community should go through a more rigorous review process than others.

6.

Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site-by-site basis.

7.

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

8.

A quick, efficient and nonpolitical avenue of appeal should be available for all ministerial and administrative decisions.

9.

Enforcement of development orders and the provisions of this Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.

B.

Signs.

1.

The manner of the erection, location and maintenance of signs affects the public health, safety, morals, and welfare of the people of this community.

2.

The safety of motorists, cyclists, pedestrians, [and] other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

3.

The size and location of signs may, if uncontrolled, constitute an obstacle to effective firefighting techniques.

4.

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

5.

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

C.

Landscaping and tree protection.

1.

Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the imposition of landscaping and buffering requirements.

2.

Trees and landscaping benefit the community by:

a.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

b.

Precipitating dust and other particulates from the air;

c.

Providing wildlife habitat, particularly for birds, which in turn help control insects;

d.

Providing soil stabilization which reduces erosion;

e.

Providing shade which reduces energy consumption and glare, and making outdoor areas more comfortable during the warm months;

f.

Making the built environment more attractive by adding a variety of color, shape and pattern and thus increasing community pride and the value of property;

g.

Providing attractive buffering between incompatible land uses; and

h.

Abating noise.

3.

Because native vegetation is adapted to local diseases, pests, soil and climate, it is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water.

4.

Exotic vegetation can crowd out native vegetation, use more water, and damage the environment from increased use of fertilizers and pesticides.

5.

Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.

D.

Off-street parking and loading.

1.

Off-street parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion.

2.

Well-designed off-street parking and loading areas promote the safe and efficient storage, loading and circulation of vehicles.

3.

Deferring the construction of some parking areas pending determination of the actual need for parking spaces, and taking into account public demand and the size of vehicles to be parked, conserves open space and developable land, and reduces the expense and hazard of controlling stormwater runoff.

E.

Stormwater management.

1.

Increased stormwater runoff may cause erosion and pollution of ground and surface water with a variety of contaminants such as heavy metals and petroleum products.

2.

Stormwater runoff often contains nutrients, such as phosphorus and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

3.

Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation, and damages flora and fauna.

4.

Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge.

5.

Improperly managed stormwater runoff increases the incidence and severity of flooding and endangers property and human life.

6.

Degradation of ground and surface waters imposes economic costs on the community.

7.

Eighty to 95 percent of the total annual loading of most stormwater pollutants discharged into receiving waters are concentrated in the flush created by the first one inch of rainfall ("first flush"), and carried off-site in the first one-half inch of runoff.

8.

Improperly managed stormwater adversely affects the drainage of off-site property.

1.06.01. General intent. With regard to this land development code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the city commission:

A.

To establish the regulations, procedures and standards for review and approval of all proposed development in the city.

B.

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the city in accordance with the comprehensive master plan.

C.

To adopt a development review process that is:

1.

Efficient, in terms of time and expense;

2.

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

3.

Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the city.

D.

To implement the city comprehensive master plan as required by the "Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.)."

E.

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency).

1.06.02. Specific intent relating to the various subject areas of this Code. The provisions of this Code dealing with the following specific subject areas shall be construed and implemented to achieve the following intentions and purposes of the city commission:

A.

Administration and enforcement.

1.

To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of this Code, the city comprehensive master plan, and other applicable city regulations.

2.

To promote efficiency, predictability and citizen participation.

3.

To assure compliance with approved development orders and the provisions of this Code through rigorous but fair enforcement actions.

B.

Signs.

1.

To create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication.

2.

To permit signs that are:

a.

Compatible with their surroundings.

b.

Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists.

c.

Appropriate to the type of activity to which they pertain.

d.

Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation.

e.

Reflective of the identity and creativity of individual occupants.

3.

To promote the economic health of the community through increased tourism and property values.

C.

Landscaping and tree protection.

1.

To enhance the attractiveness of the community.

2.

To conserve energy through the cooling and shading effects of trees.

3.

To abate nuisances such as noise, glare, heat, air pollution and stormwater runoff.

4.

To mitigate conflicts between adjoining land uses.

5.

To preserve the environmental and ecological benefits of existing native trees and vegetation.

6.

To promote safe and efficient use of off-street parking facilities and other vehicular use areas by:

a.

Clearly delineating and buffering the bounds of vehicular use areas, particularly where they abut public rights-of-way, so that movement, noise, and glare in one area do not adversely distract activity in another area;

b.

Limiting physical site access to established points of ingress and egress; and

c.

Limiting the internal movement of vehicles and pedestrians to designated traffic configurations.

7.

To preserve the community's irreplaceable natural heritage for existing and future generations.

D.

Parking and loading. To assure that all developments provide for adequate and safe storage and movement of vehicles in a manner consistent with community standards and good engineering and site design principles.

E.

Stormwater management.

1.

To protect and maintain the chemical, physical and biological integrity of ground and surface waters.

2.

To prevent activities which adversely affect ground and surface waters.

3.

To encourage the construction of stormwater management systems that aesthetically and functionally approximate natural systems.

4.

To protect natural drainage systems.

5.

To minimize runoff pollution of ground and surface waters.

6.

To maintain and restore groundwater levels.

7.

To minimize erosion and sedimentation.

8.

To protect, maintain, and restore the habitat of fish and wildlife.

Editor's note— Ord. No. 3629, § 1, adopted Feb. 6, 2012, repealed § 1.07.00 in its entirety, which pertained to relationship with comprehensive plan and derived from Ord. No. 2211 adopted on Dec. 6, 1993.

1.08.01. Technical construction standards. The Florida Building Code, Miami-Dade County Public Works Manual (parts 1 and 2), all as amended from time to time.

1.08.02. Maps. The official zoning map of the City of Sweetwater as amended from time to time.

1.09.01. Generally. In the interpretation and application of this Code all provisions shall be liberally construed in favor of the objectives and purposes of the city and deemed neither to limit nor repeal any other powers granted under state statutes.

1.09.02. Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the zoning director shall be responsible for interpretation and shall look to the city comprehensive master plan for guidance. Responsibility for interpretation by the zoning director shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any council, board or official named in other sections or articles of this Code.

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

1.09.04. Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it is to 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.

1.09.05. Relationship of specific to general provisions. More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

1.09.06. Rules for measurement. The following rules for measurement shall apply:

A.

Fractions.

1.

Dwelling units. When considering of dwelling units and the result of a calculation contains a fraction of a whole number, the results shall be rounded down to the nearest whole number.

2.

Other fractions. When a measurement is expressed in terms of maximum or minimum limits or requirements, any other fractional measurement shall be rounded to the nearest whole number. Any such fraction equal to or greater than 0.50 shall be rounded up to the nearest whole number and any such fraction less than 0.50 shall be rounded down to the nearest whole number. Height and setbacks shall not be rounded off. For example, if a maximum height for a building is 35 feet and the proposed building actually measures 35 feet and 6 inches, then the height is not in compliance with the requirement.

B.

Distance.

1.

Measurements are shortest distance. Measurement of a required shall be made from the closest or shortest distance between the two objects.

2.

Distances are measured horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. Distances shall not be measured by following the topography or slope of the land.

C.

Height.

1.

Measuring height. Measurement of the height of building or structure shall be the plumb line distance from the point being measured from the average grade of the site.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

1.10.01. Authority. Notwithstanding any provision to the contrary and upon the written recommendation of the building director, the building official, or the zoning official, the mayor is authorized to retain professionals and consultants to assist the building department in order to better assess and evaluate discrete applications submitted to the department for review and consideration.

1.10.02. Professionals and consultants. The professional and consultants program includes but is not limited to the retention of:

Accountants.

Broadband and wireless specialists.

City planners.

Civil engineers.

Environmental engineers and specialists.

Lawyers.

Mechanical engineers.

General contractors.

Urban planners.

Zoning experts.

1.10.03. Requirements. Retention of said professionals and consultants shall be contingent on the applicant:

Indemnifying the city in writing for any and all professional or consultant fees incurred on said applicant's behalf under this professional consultant program; and,

Agreeing as a condition precedent to place on deposit with the city an amount sufficient to pay for all anticipated professional and consultant fees contemplated by the retention of said professionals and consultants under this professional consultant program;

Agreeing to supplement the deposit in an amount reasonably required by the mayor when said deposit has been depleted by 75 percent;

Agreeing that no certificate of occupancy, whether temporary or permanent in nature, shall issue unless and until the applicant has fully satisfied its obligations under this professional consultant program.

1.10.04. Professional obligations. Notwithstanding anything to the contrary, the professional and ethical obligations of the professionals and consultants retained hereunder shall inure to the benefit of the City of Sweetwater which shall at all times be considered the professional's or consultant's client.

1.10.05. Consultant's Competitive Negotiation Act. The selection process shall be governed by the Consultants' Competitive Negotiation Act, § 287.055, Florida Statutes, for all consultants subject to said act.

(Ord. No. 4585, § 1, 12-2-2019)

A.

All land and building transaction documents conveying or purporting to convey any legal interest in real property including but not limited to warranty deeds, quit claim deeds, leases, and rental agreements within Dolphin Mall Area, as further described below, shall contain a notice to the recipient of said legal interest in such real property, including but not limited to buyers, tenants, sub-tenants, users and renters, informing them that the subject property is located near or adjacent to property that is zoned for heavy industrial use, that said heavy industrial use may operate on a 24-hour basis, and that it may cause or emit certain dust, odor, noise or seismic vibrations as part of their legal operations.

B.

Transient rentals, month-to-month tenancies, and self-storage warehouses are excluded from this ordinance.

C.

This ordinance applies to areas of Sweetwater bordered on the north by SW 25th Street, on the south by State Road 836, on the east by 107th Avenue, and on the west by the Florida Turnpike.

(Ord. No. 4728, § 1, 6-7-2021)