Unless specifically defined below, words or phrases used in this Code shall be ascribed a meaning which they have in common usage and which gives this Code its most reasonable application. (See Article VII for definitions of Signs and Billboards.)

2.1.1 Terms Defined

abut: To physically touch, or having property or district lines in common. accessory structure: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. Where there is no main building on the lot, an accessory structure shall be considered a main structure for the purpose of the height, area and bulk regulations.

accessory use: A use incidental to, and on the same lot as, a principal one.

adversely affected person: Any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the Village 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; 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.

adult living facilities: Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.

alley: A minor way not intended for general traffic circulation which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

alteration, structural: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided however, that the superficial enhancement of the exterior of an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration (See South Florida Building Code, Sec. 104). amusement arcade: A building or a part of a building in which five or more pinball machines, videogames, or other similar player-operated amusement devices are installed.

antenna (See also satellite dish antenna and tower): Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to exterior of any building.

basement: A story partly underground and having at least one-half of its height above the average adjoining grade. A basement shall be termed a cellar when more than one-half of its height is below the average adjoining grade. A basement or cellar shall be counted as a story if vertical distance from the average adjoining grade to the ceiling is over five feet.

bedroom: The term bedroom includes any room used principally for sleeping purposes, an all-purpose room, a study, a den, provided that no room having less than 100 square feet of floor area shall be considered a bedroom.

buffer area (See also screening): A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

place of religious assembly: A tax-exempt institution that people regularly attend to participate or hold religious services and meetings.

club, private: Buildings and facilities or premises used or operated by an organization or association 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 shall 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 and others.

Code: This unified Zoning and Land Development Code which replaces the previous Zoning Ordinance.

commercial vehicle: Any of various automobile vehicles, one ton or over designed for transporting heavy loads.

conditional use: A use that, owing to some special characteristics attendant to its operation or installation is permitted in a district subject to approval by the Village Council, and subject to special requirements, different from those usual requirements for the district in which the conditional use may be located.

condominium: An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

congregate living facility: A state-licensed residential facility for four or more elderly persons (age 60 or older), their spouses, or surviving spouses, within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.

cul-de-sac: A local "dead-end" street, one end of which is closed and consists of a circular or "T" turn-around whose dimensions are in accordance with Miami-Dade County subdivision regulations.

development: The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, landfill, or land disturbance; and any use or extension of the use of land.

district: A zone or portion of the territory of the Village, exclusive of streets and other public ways, within which certain uses of land, premises, and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established for buildings.

drive-thru facility: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

dry cleaning, pick-up agency: A business where clothes are delivered by the customer to be dry cleaned at other premises and returned for pick up by the customer.

dwelling: A building or portion of thereof, designed or used exclusively for residential occupancy, but not including hotels, motels, mobile homes, and boarding and lodging houses.

dwelling, multifamily: A building or portion of thereof used for occupancy of three or more families living independently of each other and containing three or more dwelling units, including what is commonly known as an apartment building.

dwelling, single-family, attached (group, row, duplex, and townhouses): One of two or more residential buildings having a common or party wall separating dwelling units.

dwelling, single-family, detached: A residential building containing not more than one dwelling unit not attached to another dwelling unit, and not including modular or pre-manufactured homes. Homes must be site built.

dwelling unit: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.

easement: The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.

facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

family: One or more persons living together as a single housekeeping unit and doing their cooking on the premises, provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

family day care home: A private residence where care, protection, and supervision are provided, for a fee, at least twice a week, and fewer than 24 hours a day for children from at least two unrelated families, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

A.

A maximum of four children from birth to 12 months of age.

B.

A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

C.

A maximum of six preschool children if all are older than 12 months of age.

D.

A maximum of six children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.

fence: A structure, other than building, which is a barrier and used as a boundary or means of protection or confinement.

floor area, gross: The sum of the areas of all floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this Code, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairways and elevator shafts.

floor area ratio (FAR): A measurement of the intensity of development on a site. Determined by dividing the total gross floor area of all floors of all buildings on a lot by the gross area of that lot.

footprint: The outline or shape of a building or structure as determined on a horizontal plane three feet above the grade. It shall not include protruding upper stories, roof overhangs, balconies, signs and the like.

frontage: The length of any one property line of a site, which property line abuts a legally accessible street right-of-way. Typically the narrow side of the lot is the front, or the side on which the address runs. All sides adjacent to the right-of-way shall be considered frontage.

garage, private: A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

grade: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

green space: An open space area not occupied by any structure or impervious surface. group child care center: A building or structure where care, protection, and supervision are provided, for a fee, on a regular schedule, at least twice a week and fewer than 24 hours a day to at least seven and no more than 12 children, including children of the adult provider.

guest house: Living quarters within a detached or semi-detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

height of building: The vertical distance from the sidewalk to (a) the highest point of a flat roof; (b) the deck line of a mansard roof; (c) the average height between eaves and ridge for gable, hip, and gambrel roofs; or (d) the average height between high and low points for a shed roof.

home occupation: An occupation, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood and which is carried on by a person residing in the dwelling unit involving only written correspondence, telephones, computers or other common office equipment. A home occupation shall preclude any business operation which requires or permits customers or patrons to visit the dwelling.

impervious surface: Any material that substantially reduces or prevents the infiltration of water into the ground. Impervious surface shall include compacted graveled/paved driveways and parking areas, but not include porous paving materials in accordance with the South Florida Building Code. The placement or installation of materials or systems reducing or preventing the infiltration of water shall be placed and/or installed in accordance with the manufacturers subsurface preparation.

kennel: An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling animals is conducted as a business.

laundry, self-service: A business that provides washing, drying, and/or ironing machines for laundry, to be used by customers on the premises.

laundry, pick-up agency: A business where clothes are delivered by the customer to be laundered at other premises and returned for pick up by the customer.

lot: A parcel of land occupied, or intended to be occupied, by a building and its accessory buildings, or by group dwellings and their accessory buildings, together with such open spaces as are required, having at least the minimum area required for a lot in the district in which such lot is located and having its principal frontage on a public street or public way.

lot area: The area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.

lot coverage: Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches, and accessory buildings, excluding up to two feet of roof overhang or projection and awnings or canopies, by the net area of that lot.

lot line, front: The front of a lot shall be construed to be the portion nearest the street. For corner lots, the lot front shall be the narrowest portion abutting the street unless determined otherwise by the Village Chief Building Official in consultation with Village Attorney, or the street side on which the address runs.

lot record (See also lot): A lot that is part of a subdivision, the plat of which has been recorded in the office of the Clerk of the Circuit Court of Miami-Dade County, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed in the office of the clerk, provided such lot was of a size that met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of land use in the area where the lot is located.

manufactured housing: A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

mobile home: A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

nightclub: A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing is permitted and includes the term "cabaret". Also, bar, restaurant, coffee house, or similar establishment where a dance floor or entertainment is provided.

nonconforming building: Any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located, or for the use to which such building is being put.

nonconforming lot: A use or activity which lawfully existed prior to the adoption, revision, or amendment of this Code, but which fails by reason of such adoption, revision, or amendment to conform to the use district in which it is located.

nonconforming use: A lawful use of land that does not comply with the use regulations for its land use district but which complied with applicable regulations at the time the use was established.

open space, common: Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of a development.

parcel: A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

parking space: An area on a lot and/or within a building intended for the use of temporary parking of a motor vehicle. This term is used interchangeably with parking stall. Each parking space must have a means of access to a public street. Tandem parking stalls in single-family detached, single-family attached, and townhome residential uses shall be considered to have a means of access to a public street.

performance guarantee (Also maintenance guarantee): A financial guarantee to ensure that all improvements, facilities, or work required by this ordinance will be completed in compliance with the ordinance, regulations, and the approved plans and specifications of a development, or to maintain the same.

pervious area: Area of a site covered by living plant material that allows precipitation to infiltrate directly into the ground provided that no more than 15% of the area may be covered with other type of non-living pervious material. Gaps in paved area do not provide pervious credit.

professional and semi-professional offices or operation: Shall mean any person or entity engaging in, conducting, managing or carrying on any professional, semi-professional, or clerical operation which provides or renders services to the public or business entities, and which does not sell, trade, transfer, deliver, or otherwise deals in any goods, wares, and merchandise. This definition includes, but is not limited to, operations which generally engage in the following: Accountants, Bookkeeping, and Tax preparation; Attorneys and legal services; Real Estate; Mortgage; Insurance; Property Management; Medical and Physicians; Advertising, Promotional, Public Relations, Media Relations, and Marketing; Architects, Engineers, and Contractors; Employment or Personnel Services; Investigation and Security Services; Consultants, and subject to special exception by the Village Council, any other business, operation, or use which is generally compatible with the operations, uses, or businesses listed may be permitted upon a determination by the Village Council that the proposed operation or use is generally within or similar to the categories of the permitted uses and is otherwise compatible with the permitted uses.

recreational and camping equipment: Travel and camping trailer, truck trailer and motor travel home, designed and used as temporary living quarters for recreation, camping or travel use.

restaurant, drive-thru: An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

retail or general business establishment: Shall mean any person or entity engaging in, conducting, managing or carrying on any business operation which markets, sells, delivers, transfers, or otherwise deals in goods, wares, and merchandise for purchase, delivery, or transfer to the public or end user from the licensed premises. This definition includes, but is not limited to, any business, occupation, or operations that engaging in the following types of business: Laundry, Dry Cleaning, Pharmaceutical, Hardware, Sporting Goods, Firearms, Ammunition, Pawn Shops, Check Cashing, Car Rental, Auto Supplies, Auto Service, Auto Sales, Bakeries, Restaurant, (not to include a cafeteria type operation primarily serving the office building where it is located/operated), Liquor or Alcoholic Beverages, Florists, Clothing or Apparel, Jewelry, Pets and Pet Supplies, Supermarkets or Food Stores, Adult Entertainment or Services, Adult or Child Day Care, Surgical Center, Furniture Store, Electronic or Electronic Goods, and subject to special exception by the Village Council, any other business, operation, or use which is generally compatible with the operations, uses, or businesses listed may be permitted upon a determination by the Village Council that the proposed operation or use is generally within or similar to the categories of the permitted uses and is otherwise compatible with the permitted uses.

right-of-way: A strip of land occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

satellite dish antenna (See also antenna and tower): A round, parabolic antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennas are defined as being less than four meters in diameter.

screening (See also buffer area): The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features which shall be maintained in an opaque condition.

service station: Any premises where gasoline and Other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted.

setback: The minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the building (as the case may be), including terraces or any covered projection thereof, excluding steps. Permitted encroachments into setback areas:

(a)

Eaves and Overhangs - Max. 30 inches

(b)

Stairs and Steps - Max. 36 inches

(c)

Window Awnings & Shutters

shopping center: A grouping of retail business and service uses on a single site with common parking facilities.

sidewalk cafe: An area adjacent to and directly in front of a street-level eating or drinking establishment and located within the sidewalk area of the public right-of-way and used exclusively for dining, drinking, and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing, or landscaping planter boxes or a combination thereof.

sign: See Article VII.

site, generally: Any tract, lot or parcel of land that is in one ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision, or project.

site plan: A document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements, and the interrelationship of these elements.

story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over five feet above the average level of the finished ground surface adjoining the exterior walls of such story.

street, local residential: A street that has the sole purpose of providing frontage for service and access to residential lots. These streets carry only traffic having either destination or origin on the street itself within residential neighborhoods. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential neighborhood.

street, residential collector, N.W. 66th Avenue and N.W. 4lst Street: A street that conducts and distributes traffic between other residential streets of lower order in the streets hierarchy and higher order arterial roads, highways or major activity centers.

street, County minor arterial, Curtiss Parkway (N.W. 57th Avenue, Red Road): A residential collector right-of-way, partially within the Village.

street, principal arterial, N.W. 36th Street (S.R. 948): A roadway of unusually high volume of traffic that provides access for local traffic within southern areas of the Village.

subdivision: The division of any tract or parcel of land, including frontage along an existing street or highway, into two or more lots, plots, or other divisions of land for the purpose, whether immediate or future, of building development for rental or sale, and including all changes in street or lot lines.

swale area: A low-lying area of land. That unpaved portion of property, whether a publicly dedicated right-of-way or not, lying between the edge of the street pavement and the nearest property line, or that portion of a right-of-way reserved by the Village for non-traffic purposes.

tower (See also antenna and satellite dish antenna): A structure or antenna situated on a nonresidential site, that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

truck, commercial: See "commercial vehicle."

variance: A relaxation of the technical regulations of the code where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this code would result in unnecessary and undue hardship and the relaxation would be consistent with the surrounding uses and development standards.

warehouse: A building whose sole permitted use is for the storage, distribution or shipping of goods.

yard: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

yard, front: A yard extending along the full width of a front lot line between side lot lines and from the front lot line to the front building line in depth. Front-yard depth shall be measured at right angles to the front line of the lot.

yard, rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot.

yard, side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot.

yard, street side: A yard lying between the side line of the lot, adjacent to a right of way, and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot.

zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

(Ord. No. 374, § 2, 10-20-22; Ord. No. 376, § 2, 9-19-24)