HomeMy WebLinkAbout2019-010-412 Updates to Land Development Regulations LDRORDINANCE NO. 2019-010-412
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IX —
GENERALIZED SCHEDULE OF PERMITTED USES, USES
PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL
EXCEPTION USES AND PROHIBITED USES", ARTICLE XII
OFF-STREET PARKING, LOADING AND VEHICULAR
CIRCULATION REQUIREMENTS," ARTICLE X —
ACCESSORY USES AND STRUCTURES," ARTICLE XIX —
DEFINITIONS AND RULES OF CONSTRUCTION OF THE
CITY OF MIAMI GARDENS LAND DEVELOPMENT CODE;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens adopted Land Development
Regulations (LDRs) in 2010, and
WHEREAS, staff has undertaken a review of the LDR's to determine whether
changes need to be made, and
WHEREAS, City staff is recommending updates to sections of the LDR's
pertaining to Article IX - Permitted Uses, Article X - Accessory Uses and Structures,
and Article XII — Off-Street Parking and Loading as it relates to commercial and
recreational vehicle parking in residential zoning districts, and
WHEREAS, a City Council workshop was held on May 22, 2019 outlining the
proposed amendments,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Added language is underlined. Deleted language is stricken through.
1
Ordinance No. 2019-010-412
Section 1 . ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Ordinance.
Section 2. AMENDMENTS: Article IX, Article XII, Article X and Article
XIX of the Land Development Regulations are hereby amended in accordance with
Exhibit "A" attached hereto.
Section 3. CONFLICT: All ordinances or Code provisions in conflict
herewith are hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City
Council of the City of Miami Gardens that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Miami
Gardens and that the section of this Ordinance may be renumbered or relettered
and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such
other appropriate word or phrase, the use of which shall accomplish the intentions
herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
Added language is underlined Deleted language is stricken through.
2
Ordinance No. 2019-010-412
PASSED ON FIRST READING ON THE 10TH DAY OF JULY, 2019.
PASSED ON SECOND READING ON THE 24TH DAY OF JULY, 2019.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 24TH DAY OF
JULY, 2019.
OLIVER GILBERT, III, MAYOR
ATTEST:
V A
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY:
Moved by: Councilman Williams, Jr.
Seconded by: Councilwoman Odom
VOTE: 7-0
Mayor Oliver Gilbert, III X (Yes) No)
Vice Mayor Rodney Harris X (Yes) No)
Councilwoman Katrina Wilson X (Yes) No)
Councilman Erhabor Ighodaro, Ph.D.X (Yes) No)
Councilwoman Lillie Q. Odom X (Yes) No)
Councilman Reggie Leon X (Yes) No)
Councilman David Williams Jr X (Yes) No)
Added language is underlined. Deleted language is stricken through.
3
Ordinance No. 2019-010-412
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 11, 2019 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
X
Sponsor Name: City Manager,
Cameron D. Benson
Department: Planning and Zoning
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AMENDING ARTICLE IX – “GENERALIZED SCHEDULE OF PERMITTED USES, USES
PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND
PROHIBITED USES”, ARTICLE XII – “OFF-STREET PARKING, LOADING AND VEHICULAR
CIRCULATION REQUIREMENTS,” ARTICLE X – “ACCESSORY USES AND STRUCTURES,”
ARTICLE XIX – “DEFINITIONS AND RULES OF CONSTRUCTION OF THE CITY OF MIAMI
GARDENS LAND DEVELOPMENT CODE; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
Staff Summary:
ITEM M-1) LAND DEVELOPMENT
REGULATION AMENDMENT
Background
The City of Miami Gardens adopted its own land development regulations (LDR) in 2010. It is common for
municipalities to periodically review the LDR in order to adapt to changing land use needs, incorporate
new uses and eliminate outdated ones, address unforeseen issues or challenges not previously
anticipated, eliminate redundancy, improve organization and to streamline and simplify language
contained within the LDR since its initial adoption.
Current Situation
Staff has updated sections of the code pertaining to Article IX ‐ Permitted Uses, Article X ‐ Accessory
Uses and Structures, and Article XII – Off‐Street Parking and Loading as it relates to commercial and
recreational vehicle parking in residential zoning districts.
A City Council workshop was held on May 22, 2019 outlining the proposed amendments. A public
hearing is required to formalize and adopt the proposed amendments.
Proposed Action:
That the City Council approves the adoption of the proposed Ordinance.
Language to be added is underlined; language to be deleted is shown strikethrough.
ARTICLE IX. ‐ GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA
REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES
Sec. 34‐287. ‐ Use regulations, generally.
(a) Permitted uses. Permitted uses are considered to be fundamentally appropriate within the district in
which they are located, and are deemed to be consistent with the comprehensive plan. These uses
are permitted as of right, subject to any use-related standards and requirements that may be
applicable in section 34-288, and the site plan and permit requirements and procedures described in
this section.
(b) Special exception uses. A use listed as a special exception in a zoning district is deemed to be
generally unsuitable for location in such district, but may be permitted on a case-by-case basis if,
after review and possible attachment of conditions pursuant to the procedures and criteria of section
34-48, the city determines that the use will be appropriate in the given zoning district. A special
exception use is also be subject to extra requirements in section 34-288 when indicated in the use
regulations schedule.
(fc) Accessory uses. Principal uses listed in the use regulations schedule are deemed to include
accessory uses listed in article X of this chapter, where such accessory uses are customarily
associated with, and are incidental and subordinate to, such principal uses. An accessory use shall
be subject to the same regulations that apply to the principal use in each district, except as otherwise
provided.
(gd) Temporary uses. Uses that are deemed temporary in nature, at the sole discretion of the
administrative official or regulated otherwise, by separate ordinance, shall not be subject to the
standards and requirements as set forth in this chapter, except that the administrative official may
impose conditions, which may include, but not limited to, limiting the period of approval for such
uses, imposing hours of operations, operation standards to minimize impacts on surrounding
properties, and other conditions deemed necessary to minimize detrimental impacts to the welfare of
the community.
(e) Prohibited uses. Any use not specifically listed as a permitted or special exception use, or listed as
an related accessory use to a permitted or special exception use, and or any use for which the
administrative official cannot categorize as similar to a permitted use, special exception use, or
accessory use related to a permitted or special exception use, shall be considered expressly
prohibited.
(cf) Site plan required. Permitted uses that are subject to use-related standards in section 34-288 and all
special exception uses require final site plan review and approval.
(dg) Permits required. Except as explicitly provided herein, no use designated as a permitted or special
exception use in this chapter shall be established until after the person proposing such use has
applied for and received all required development permits which may include final plat approval, final
site plan approval, a building permit, certificate of use, and a certificate of occupancy; all pursuant to
the requirements of this chapter.
(e)Prohibited uses . Any use not specifically listed as permitted special exception, or listed as a related
use to a permitted or special exception use, and which the administrative official cannot categorize
as similar to a permitted use, special exception use, or use related to a permitted or special
exception use shall be considered expressly prohibited.
(f)Accessory uses. Principal uses listed in the use regulations schedule are deemed to include
accessory uses listed in article X of this chapter, where such accessory uses are customarily
associated with, and are incidental and subordinate to, such principal uses. An accessory use shall
be subject to the same regulations that apply to the principal use in each district, except as otherwise
provided.
(g) Temporary uses. Uses that are deemed temporary in nature, at the sole discretion of the
administrative official or regulated otherwise, by separate ordinance, shall not be subject to the
standards and requirements as set forth in this chapter, except that the administrative official may
impose conditions, which may include, but not limited to, limiting the period of approval for such
uses, imposing hours of operations, operation standards to minimize impacts on surrounding
properties, and other conditions deemed necessary to minimize detrimental impacts to the welfare of
the community.
(h) Uses within an enclosed building. All uses and related activities shall be within an enclosed building,
except as may otherwise be permitted in this chapter, or as would be allowed as a customary,
incidental, or common practice activity to the use.
(i) Permitted use table. The following permitted use table, supplemented by the Master Use List and
Use Definitions set forth in appendix A in section 34-733, shall be used to determine the zoning
district in which a given use may be established. In the event of conflict between the use table in this
section and appendix A in section 34-733, the administrative official shall render an interpretation as
to which prevails.
LEGEND
P means the use is permitted in the corresponding zoning district.
SE means the use is subject to special exception procedures as outlined in Section 34‐48 including
additional application fees and approval by the City Council at a noticed public hearing
□ means the use is prohibited in the corresponding zoning district
*(#) means additional requirements and criteria must be met in order for the use to be permitted
per the criteria in Section 34‐288 and Section 34‐733
P means the use is permitted in the corresponding zoning district.
SE means the use is subject to special exception approval requirements and procedures.
□ means the use is prohibited in the corresponding zoning district.
see additional requirements and criteria for specific uses set forth in section 34‐288 and master
use list, appendix A in section 34‐733.
Table 1: Permitted Uses
Zoning Districts/Uses R‐
1
R‐
2
R‐15,
R‐25,
R‐50
NC
PCD
EO
(§ 34‐
598)
OF
I‐1
I‐2
PD
AU
GP
Residential Type Uses
Adult day care center *(1) □ □ □ P P
SE □ P
□
□ P
□ □ □
Adult Family Care Home, up to 5
residents*(3) P P P □ □ □ □
□
□
P □ □
Assisted Living Facility (ALF), up to 6
residents* (8) P P P □ □ □ □
□
□
P □ □
Assisted Living Facility (ALF), greater than 6
residents*(9) SE SE SE SE SE □ SE
□
□ P
SE □ □
Community residential facility home, up to 6
residents*(17) P P P □
P
□
P □ □
□
□
P □ □
Community residential facility 7 to 14
residents * SE SE SE SE SE □ SE
□
□
P □ □
Community residential facility home,
greater than 6 residents 15 and more *(18) SE SE SE SE SE □ SE
□
□ SE
P □ □
Day care center—adult *(21) □ □ □ P SE □ □ □ □ □ □ □
Dormitories, Fraternity or Sorority house, on
campus, off‐campus □ □ □ □ □ □ □
□
□
P □ □
Family day care home, 5 children or less
*(22) P P P P P □ □
□
□
□ □ □
Farm worker housing □ □ □ □ □ □ □ □ □ □ SE □
Halfway house, treatment facility □
SE
□
SE □ SE SE □ SE
□
□
□ □ □
Home occupation office* P P P □ P □ □ □ □ P P □
Hotels, Motels, Lodging □ □ □ □ P P □ P P P □ □
Mobile home, Manufactured homes*(31) □ □ □ □ □ □ □ □ □ P □ □
Nursing Home □ □ □ P P □ P □ □ P □ □
Residential—mixed‐use residential*(41) □ □ □ □ P SE P □ □ □ P □ □
Residential—multifamily residential*(41) □ □ P □ SE
P
□
P □
□
□
P □ □
Residential—single‐family‐detached
residential*(41) P □
P P □ □ □ □
□
□
P □ □
Residential—townhouse*(41) □ □ P □ □ □
SE □
□
□
P □ □
Residential—two‐family duplex
residential*(41) □ P □P □ □ □ □
□
□ □
P □ □
Transient Housing—sShelters □ □ □ □ SE □ □ □ □ □ □ □
Public and Institutional Type Uses
Airport, airfield, heliport, related uses—
public, private*(4) □ □ □ □ □ □ □
□
□
P □ P
Community centers □ □ □ P
□
P
□ P □
□
□
P □ P
Cultural and civic facilities—libraries,
museums □ □ □ P P P □
□
□
P □ P
Detention facility □ □ □ □ □ □ □ □ □ P □ P
Educational and child care facilities—non‐
public *(20) (includes charter)
SE
□
SE
□
SE
□
□
P P □ □
P
P
P
P SE
□ P
Educational facilities—college or
university—private; main campus*(21)
SE
□
SE
□
SE
□
SE
□ SE □ SE SE
□
SE
□
P □ P
Educational facilities—public, including
charter school P P P P P □ P
P
P
P P P
Educational facilities—technical, vocational,
specialty—non‐public □ □ □ P P □ P
SE
P
P
P □ P
Government facilities, including
administrative, support and service □ □ □ □ □ P □
□
□
P □ P
Hospital—private, public *(27) □ □ □ □ SE
SE
□
□
□
□
P □ P
Hospital – psychiatric *(28) SE SE SE
Public parks and recreational facilities P P P P P P
□ P
P
P
P P P
Public safety facility P P P P P P
□ P
P
P
P P P
Sewage lift or pumping station*(39) P P P P P P P P P P P P
Solid waste transfer station □ □ □ □ □ □ □
P
P □
P
P
Transit station □ □ □ □ □ □
P □
□
□
□ □ P
Utilities and related facilities □ □ □ □ □ SE □ □ □ □ □ P
Water plant, waste water plant □ □ □ □ □ □ □ □ □ □ □ P
Vehicle Related Commercial Type Uses
Car wash—enclosed*(11) □ □ □ P P □ □ P P □ □ □
Car wash—outside, hand wash*(12) □ □ □
SE
□
P
□
□ □
P
P
□ □ □
Car wash – mobile*(13) P P
Parking Garage, Lot—commercial * (32) □ □ □ P P P P P P P □ P
Car Rental—automobile only *(47)
□
□
□
□
P
P
□
□
P
P
□
□
□
Rental—Truck and other vehicles
□
□
□
□
P
□
□
P
P
□
□
□
Transit, passenger terminals
Bus charter service, Passenger bus terminal
□
□
□
□
SE P
□
SE
□
SE
SE
P
SE
□ □
P
Vehicle Fueling stations and sales □ □ □ P P
P
□
□
P
P
□ □ □
Vehicle major repair—mechanical, body
Vehicle towing service □ □ □ □ □
P □ □
P
P
□ □ □
Vehicle minor repair—
mechanicalmaintenance, service □ □ □ □ P □ □
P
P
□ □ □
Vehicle—parts sales and installation and
service—new □ □ □ □ P □ □
P
P
□ □ □
Vehicle – parts sales, retail □ □ □ □ P □ □ P P □ □ □
Vehicle—parts sales and installation—used □ □ □ □ SE □ □ □ SE SE □ □
Vehicle sales—retail, new automobiles*(45) □ □ □ □ P □ □ P P □ □ □
Vehicle sales—retail, used automobiles*(45) □ □ □ □ SE □ □ SE SE □ □ □
Vehicle sales – wholesale dealer, online
independent dealer *(46)
P P P P P
□ □ □
Recreation, Entertainment Type Uses
Amusement parks, stadiums, arenas,*(5)
Marinas* □ □ □ □ □ P □
□
□
P □ □
Arcade, video games, electronic gaming,
driving range □ □ □ SE
P P P □ □
P
□
P
□ □ □
Camp grounds, RV parks* □ □ □ □ □ □ □ □ □ P SE □
Casino gaming facility □ □ □ □ □ P □ □ □ P □ □
Golf course P P P □ □ □ □ □ □ P P □
Golf, mMiniature golf, driving range □ □ □ P P P □ P
□
P
□
P □ □
Gun, pistol range, gun clubs, archery clubs—
indoor, outdoor
Sport shooting range (indoor) *(26)
□
□
□
□
SE
□
□
SE
SE
□
□
□
Race track—horse, dog, car □ □ □ □ □ P □ □ □ P □ □
Riding clubs—horses, off‐road vehicles,
motorcycles □ □ □ □ □ □ □
□
□
P SE □
Sports fields, batting cages, basketball
courts, racket ball courts, sporting activities,
bowling alleys—indoor
□
□
□ SE
P
SE
P
P
□
P
P
P
□ □
P
Sports fields, batting cages, basketball
courts, racket ball courts, sporting
activities—outdoor
□
□
□
SE
SE
SE
P
□
P
P
P
SE
□
P
Restaurant, Food And Beverage Service Type Uses
Adult entertainment establishment*(2) □ □ □ □ □ □ □
P □
P
□ □ □
Bar/lounge, Wine tasting room *(10) □ □ □ □ P P □
□
□ □
P □ □
Box lunches, distribution*(14)
Catering Service*(15) □ □ □ □
P P P P
P
P
□ □ □
Nightclub, Discotheque, Club, Cabarets.
□
□
□
□
SE
P
□
SE
SE SE
□ □
□
Restaurant—sports, amusement,
coffee/sandwich shop, cafeteria, outdoor
cafe*(37)
□
□
□
P
P
P
P
P
P
P
P
□
Microbrewery*(36) □ □ □ SE
□ SE P □
P
P
□ □ □
Places Of Assembly Type Uses*(33)
(See section 9‐20 under "Places of Assembly)
Auction House—indoor*(33) □ □ □ P
□
P
□ □ □
P
P
□ □ □
Banquet hall *(33) □ □ □
P
SE
P
SE
P
SE
□
P
SE
P
SE
□ □ □
Funeral Homes*(33) □ □ □ □
P P □ □
P
P
□ □ □
Place of religious assembly*(33) □ □ □ P P P □ P P □ □ □
Private clubs, not public*(33) □ □ □ P P P □ P P □ □ □
Theater (movie, performing arts) *(33) □ □ □ P P P □ P P □ □ □
Commercial Type Uses
Convenience store □ □ □ P P □
SE □
P
P □
P □ □
Donated goods Center—new/used*(23) □ □ □ P
SE P □
SE □
P
P
□ □ □
Drug, Pharmacy store *(19) □ □ □ P
□ P SE
□ □
P
P P
□ □ □
Flea market *(24) □ □ □ □ SE
□ □ □
SE
SE
□ □ □
Food specialty store □ □ □ P P P □ P P P □ □
Grocery store □ □ □ P P P □ P P P □ □
Liquor package store □ □ □ □ P P
□ □
P
P
□ □ □
Pawn shop □ □ □ □
SE
□
□ □
SE
SE
□ □ □
Greenhouse, Pplant nursery, retail or
wholesale □ □ □ SE P
SE □ □
P
P
□ □
P □
Retail—big box, club membership,
department □ □ □ □ P SE
P
□
□
P
P
P
□ □ □
Retail—general, single use □ □ □ P P P P
□
P
P
P □ □
Retail—Home improvement, building
materials* (35) □ □ □ P
□ P P
□ □
P
P P
□ □ □
Secondhand merchandise
store/consignment store □ □ □ □ SE SE
□ □ SE
P
SE
P
□ □ □
Smoke Shop/Vape Shop □ □ □ □ SE □ □ SE SE □ □ □
Office Type Uses
Call center □ □ □ P
□ P P
□ P
P
P P
□ □ □
Office—business, sales, professional, semi‐
professional services □ □ □ P P P P
P
P
P □ □
Office—medical office/medical clinic □ □ □ P P P P P P P □ □
Service Type Uses
Animal grooming and pet sitting—indoor □ □ □ P P □
P
P
□
P
P
□ P □□
Animal Hospital/Veterinarian clinic *(6) □ □ □ P P
□
SE
P
P
P
□ P □□
Animal kennel ‐ commercial, boarding
Dog training facility* (7) □ □ □ □ SE □
SE □
SE
SE
□ P □
Animal shelters □ □ □
SE
□
SE
SE
□
□
P
P
□ P □
Blood banks, diagnostic medical treatment
centers □ □ □ P P □
P P
P
P
□ □ □
Check cashing, bill payments □ □ □ □
P P □ P
P
P
□ □ □
Copy, printing center □ □ □ P P P P P P P □ □
Cosmetic Surgery, beauty clinics □ □ □ P P P P P P P □ □
Customer service center □ □ □ P P P P P P □ □ □
Dry cleaning □ □ □ P P P □ P P
P □ □
□
Equipment and tool rental □ □ □ □
P P □ □
P
P
□ □ □
Financial institution ‐ banks, credit unions,
investment brokerage establishments,
ATM*(25)
□
□
□
P
P
P
P
P
P
P
□
□
Health club, fitness club □ □ □ P P P □ □
P
P
P □ □
Laundromat, self‐service □ □ □ □
P P □ □ □
P
P P
□ □ □
Package shipping, mail service □ □ □ P P P P
P
P
P □ P
□
Personal care services □ □ □ P P P P
□
P
P
P □ □
Repair and service shop—general
merchandise □ □ □ P P □ □
P
P □
P □ □
Self‐service storage facility *(38) □ □ □ □ SE
SE
□
□
P
P
P□□ □
Studios—photographic, and instructional □ □ □ P P P □
P
P
P
P □ □
Tattoo parlor, body piercing □ □ □ □ P SE
□ □
P
P
□ □ □
Other Uses
Cemetery, mausoleums, crematory*(16) □
SE
□
SE □SE □ □ □ SE
□
SE
SE
□ SE □
Small Wireless Facility*(44) P P P P P P P P P P P P
Wireless Antennas and support
services*(43) SE SE SE SE SE SE SE
P
P P
SE SE P
Industrial Type Uses
Warehouse, Distribution center □ □ □ □ □ □ □ P P □ □ □
Dry cleaning—commercial laundry plant □ □ □ □ □ □ □ P P □ □ □
Industrial uses—heavy *(29) □ □ □ □ □ □ □ □
P
P
□ □ □
Industrial uses—light *(30) □ □ □ □ □ □ □
P
P
□ P
□ □
Laboratory—medical, research, testing □ □ □ □ □ □ □ P P □ □ □
Mining/extraction, rock quarry □ □ □ □ □ □ □
SE
SE
□ □ □
Outdoor Storage, open air storage*
(See section 10‐10 for Special
Requirements)
□
□
□
□
SE
□
□
P
P
□
□
□
Radio and TV transmitting station studio,
music production, movie studio □ □ □ SE SE SE □
P
P
□ P □P
Recycling facility, Refuse disposal □ □ □ □ □ □ □
P
P
□ □ P
□
Salvage yard, junkyard *(40) □ □ □ □ □ □ □ P P □ □ □
Self‐storage facility □ □ □ □ SE □ □ P P P □ □
Showrooms, retail sales □ □ □ P P P □ P P P □ □
Showrooms, wholesale sales □ □
SE SE SE □ P P P □ □
Studio for movie, television, music □ □ □ □ SE P □ P P □ □ □
production
Wholesale fireworks and wholesale or retail
sparklers in accordance with F.S. § 791.04
and F.S. § 791.015
□
□
□
□
□
□
□
P
P
□
□
□
Fireworks, retail □ □ □ □ □ □ □ □ □ □ □ □
Sparklers, retail, in accordance with F.S. §
791.015 *(45) □ □ □ □ □ □ □
P
P
□ □ □
Warehouse □ □ □ □ □ □ □ P P P □ □
Agricultural Type Uses
Farms—produce, livestock □ □ □ □ □ □ □ □ □ □ P □
Greenhouses—nurseries, retail □ □ □ P P □ □ □ □ □ P □
Outdoor storage—agriculture* (No extra
standard in section 9‐20) □ □ □ □ □ □ □
P
P
□ P □
Packing facilities—small*
(No extra standard in section 9‐20) □ □ □ □ □ □ □
□
□
□ P □
Farmer's market*(34) P P P P P P P P P P P P
Packing facilities—large* □ □ □ □ □ □ □ □ □ □ SE □
Seed drying facility □ □ □ □ □ □ □ □ □ □ P □
Urban agricultural gardens*(42) SE SE SE SE SE SE SE
□
□ □
P P □
P
Wineries, vineyards* □ □ □ SE SE P □ P P □ □ □
Sec. 34‐288. ‐ Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such
requirements to be considered appropriate and compatible within the applicable zoning districts where
such extra requirements apply.
(1) Adult day care center.
a. Applications to establish adult day care centers shall comply with the requirements of
Chapter 408, Part II, Florida Statutes and Chapter 429, Part III, Florida Statutes; and
shall include a written statement that the proposed adult day care center will comply with
all applicable county and state regulations.
b. Minimum site area must conform to the requirements for the district within which the
facility is to be located.
c. Minimum lot width: 100 feet.
d. Minimum distances: All principal and accessory structures shall be 30 feet from any
residential zoning district or residential use.
e. At least 100 square feet of available outdoor activity area shall be provided for each
adult. Activity areas shall not be located within the front setbacks. Outdoor activity
areas shall be screened with a solid wall or fence not less than six feet in height meeting
the approval of the administrative official or designee. Landscaping shall be required
pursuant to article XIV of this chapter.
(12) Adult entertainment establishment. In the development and enforcement of this section, it is
recognized that there are uses which because of their very nature are recognized as having
serious objectionable characteristics, particularly when several of them are concentrated in any
given location, thereby having a deleterious effect upon the adjacent business and residential
areas. It is desirable, therefore, to locate these adult-oriented activities away from residential
areas and public facilities that are used frequently by minors, such as schools, churches, parks,
libraries, day care centers, or nurseries. Such uses are subject to the following:
a. For the purpose of this section the following definitions for terms used herein shall apply:
1. Adult bookstore. Any business engaged in displaying, distributing, bartering, renting or
selling printed matter, pictures, films, graphic or other materials which activity requires
the exclusion of minors pursuant to F.S. ch. 847, unless such activity comprises no
more than 15 percent of the total floor area and is kept from clear view of minors.
2. Adult theater. Any business engaged in presenting films, theatrical productions,
performances, recitals, displays, printed matter or other entertainment which activity
requires the exclusion of minors pursuant to F.S. ch. 847.
3. Adult entertainment club. Any business which features live entertainment requiring the
exclusion of minors pursuant to F.S ch. 847. For such uses, upon review of a
certificate of use application, the administrative official may impose conditions as
deemed necessary to ensure compliance with code requirements or minimize or
mitigate the impacts of the use on public facilities, adjacent properties and the
surrounding neighborhood, including, but not limited to:
A. Restriction of hours of operation;
B. Security requirements;
C. Off-duty police requirements;
D. Limitations of use to within the enclosed premises;
E. Posting of policies, as it refers to dress code and services of alcohol;
F. Business registration with city and other programs such as a "We Care"
business;
G. Conditions to minimize noise and for nuisance abatement.
In addition, prior to the issuance of a certificate of use, the applicant shall submit a
security plan to the city which details the applicant's plans for interior and exterior
security, for the review and approval by the police chief or the police chief's designee.
At a minimum the security plan shall indicate the number of security personnel to be
used and the number of off-duty police officers to be used. Nothing contained herein
shall be deemed to affect any variances that were previously approved by the city
council.
4. Adult video store. Any business engaged in displaying, renting or selling videotapes
which activity requires the exclusion of minors pursuant to F.S. ch. 847, unless such
activity comprises no more than 15 percent of the total floor area and is kept from
clear view of minors.
5. Massage establishment. Any shop, parlor, establishment or place of business wherein
all or any one or more of the following named subjects and methods of treatments are
administered or practiced: Body massage either by hand or by any mechanical or
electrical apparatus or device (excluding fever therapy), applying such movements as
stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage
or tapotement.
Nothing in this section shall be construed as applying to state licensed massage
therapists, barbers, cosmetologists, manicurists, pedicurists, physical therapists'
assistants, midwives, practical nurses, agents, servants or employees in licensed
hospitals or nursing home or other licensed medical institutions, licensed physicians,
osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed
medical practitioners, or their agents, servants, or employees acting in the course of
such agency, service or employment under the supervision of the licensee; provided,
however, that, for the purpose of this section, the term "massage establishment" shall
not include any massage establishment wherein at least one state licensed massage
therapist is employed and on duty full time during the hours open for business.
6. Adult modeling establishments. Any establishment offering nude or partially nude
modeling sessions or lingerie, swimwear or photography modeling sessions between
two or more persons requiring the exclusion of minor pursuant to F.S. ch. 847.
7. Encounter studio. All establishments offering nude or partially nude encounter
sessions between two or more persons, nude or partially nude dance encounter
sessions between two or more persons, and sexual consultation requiring the
exclusion of minors pursuant to F.S. ch. 847.
b. The following additional uses shall be permitted in the I-1 zone:
1. Adult bookstore;
2. Adult theater;
3. Adult entertainment club;
4. Adult video store;
5. Massage establishment;
6. Adult modeling establishment;
7. Encounter studio.
c. Unless each individual adult entertainment use is approved as a special exception, none of
such uses shall be permitted:
1. Within 1,000 feet of a private school, as defined in appendix A in section 34-733,
public school, place of religious assembly, public park, public library, day care center
or nursery for children;
2. Within 1,200 feet of any of the uses described in subsection (1)b of this section; and
3. Within 750 feet of any residential zoning (with the exception of AU) district located
within either the unincorporated areas of the county or within the city; provided,
however, that the spacing requirements above shall not apply where the adult
entertainment use is separated from the uses set forth in this subsection by a county
or state road of not less than six lanes, or an expressway.
4. All other distance and spacing requirements pursuant to this chapter shall apply, as
well as those spacing requirements imposed by state law, if such state spacing
requirements are more restrictive than the regulations contained herein. Any
application seeking a variance from state imposed spacing requirements shall be
heard directly by the city council pursuant to section 34-47. The distance and spacing
requirements set forth in subsection (1)c of this section shall be measured as follows:
(i) From a place of religious assembly, the distance shall be measured by following
a straight line from the nearest point of the proposed place of business, whether
it is the structure itself or the parking lot used by the patrons of the proposed
place of business, to the nearest point on the place of religious assembly
property.
(ii) From a private or public school, the distance shall be measured by following a
straight line from the nearest point of the proposed place of business, whether it
is the structure itself or the parking lot used by the patrons of the proposed place
of business, to the nearest point on the school grounds.
(iii) From another adult entertainment use, the distance shall be measured by
following a straight line from the front door of the proposed place of business to
the nearest point of the existing adult entertainment use.
(iv) From residential zoning districts, the distance shall be measured by following a
straight line from the nearest point of the proposed place of business, whether it
is the structure itself or the parking lot used by the patrons of the proposed place
of business, to the nearest boundary of the residential zoning district.
(v) From a public park, the distance shall be measured by following a straight line
from the nearest point of the proposed place of business, whether it is the
structure itself or the parking lot used by the patrons of the proposed place of
business, to the nearest point on park grounds.
(vi) From a public library, the distance shall be measured by following a straight line
from the nearest point of the proposed place of business, whether it is the
structure itself or the parking lot used by the patrons of the proposed place of
business, to the nearest point of the library property.
(vii) From day care centers or nurseries for children, the distance shall be measured
by following a straight line from the nearest point of the proposed place of
business, whether it is the structure itself or the parking lot used by the patrons of
the proposed place of business, to the nearest point on the property of the day
care center or the nursery.
(viii) For the purposes of establishing the distance between the uses set forth in
subsection, and between such uses and private schools, public schools, places
of religious assembly, public parks, public libraries, day care centers or nurseries
for children, or residential zoning districts, the applicant for such use shall furnish
a certified survey from a professional mapper and surveyor licensed in the state.
Such sketch shall indicate the distance between the proposed place of business,
and any existing adult entertainment use, any place of religious assembly, public
school, private school, public park, public library, day care center or nursery for
children or residential zoning district. Each sketch shall indicate all such
distances and routes. In case of dispute, the measurement, scaled by the
administrative official shall govern.
d. Exemptions to spacing requirements. This subsection shall not apply to accredited
universities, accredited colleges or other accredited educational institutions, museums, art
exhibits, arts and cultural performance theaters and playhouses or commercial
professional photography and portrait studios which may use nude subjects for their
photographs or portraits.
e. Legally existing nonconforming uses. The following uses shall be deemed legally existing,
whether or not such uses comply with the regulations enacted by this subsection, provided
however, that nothing contained herein shall exempt such uses from complying with
section 34-58, nonconforming uses and structures. Any adult entertainment use for which a
building permit has been issued to establish such use prior to January 1, 2002, provided
the work authorized by the building permit is completed and a certificate of use and
occupancy ("CO") is issued within the time prescribed by applicable regulations; or any
adult entertainment use for which a CO has been issued prior to January 1, 2002, provided
such CO is valid (not expired or revoked) as of January 1, 2002.
(3) Adult family care home, up to five residents. Are permitted in a single dwelling unit provided:
a. That the total number of resident clients on the premises shall not exceed five (5).
b.That the home owner resides with the clients being served. Resident clients include
disabled adults and older persons who are unable to live independently.
c. That the operation of the facility shall be licensed, as provided in F.S. 429.67, and that
such sponsoring agency promptly notify the administrative official of said licensure no later
than the time of home occupancy.
c. That the facility shall be located at least 1,000 feet from another existing, un-abandoned,
legally established group home facility. The distance shall be measured by following a
straight line from the nearest portion of the structure of the proposed use to the nearest
portion of the structure of the existing use.
d. A request is submitted to the city on an approved form accompanied by the required fee
verifying the distance requirement as outlined in this section has been complied with.
(24) Airport, airfield, heliport, public, private. Planned development approval is required pursuant to
section 34-628.
a. Additional application requirements. The following shall be submitted as part of the planned
development application, unless waived by the administrative official on the basis of
adequate existing data or conditions specific to the application that negate the need for
such information.
1. A detailed traffic impact analysis.
2. A detailed parking analysis.
3. A Federal Aviation Administration (FAA) airspace analysis.
4. A preliminary state department of transportation airport license report.
b. Additional standards.
1. Minimum ground facilities, navigational aids, landing strip dimensions and related
requirements of the state department of transportation for airports.
2. Heliport and helipad design guidelines adopted by the Federal Aviation
Administration.
3. Guidelines adopted by the Federal Aviation Administration if a general aviation airport;
adopted by the Federal Aviation Administration.
4. Fencing or screening as required by the zoning appeals board.
5. Minimum distances:
(i) All ends of runways: at least 50 feet from any property line or as required by the
state department of transportation, whichever is greater.
(ii) All principal and accessory uses: at least 50 feet from any property line.
(iii) All runways and associated takeoff and landing facilities: at least 50 feet from any
property line.
(35) Amusement parks, stadiums, arenas.
a. Planned development approval is required pursuant to section 34-628.
b. Minimum lot area . The minimum lot area required for arena, auditorium or stadium uses
shall be no less than five acres.
c. Frontage . The minimum required frontage on a public street for arena, auditorium or
stadium uses at the primary point of access shall be a minimum of 400 feet in length.
d. Access . All points of vehicular access for arena, auditorium or stadium uses shall be from
an arterial road. The access points shall be located to minimize vehicular traffic to and
through local streets in residential neighborhoods
e. Fencing and screening . Safety fences up to a height of six feet shall be required, if
determined appropriate, to protect the general health, safety and welfare. Landscape
screens of at least 75 percent opacity shall also be required if it is determined they are
necessary to ensure compatibility with surrounding uses and to protect neighboring land
values.
(6) Animal Hospitals, Veterinarian Clinics
Animal Hospitals and Veterinarian Clinics shall be subject to the following provisions:
a. All services shall be administered within a soundproof, air-conditioned building.
b. Animal exercise areas that are part of any Animal Hospital or Veterinarian Clinic may be
located outside provided that an operational plan is submitted as part of the Certificate of
Use and approved by the administrative official, that ensures that outdoor operations will
not negatively impact surrounding areas.
(4)Animal kennel. Special exception use approval is required for the keeping of animals, six
months of age or older, on premises used for residential purposes, which is in excess of the
following numbers:
a.Four animals on property that is less than one acre in gross area in any R, and AU district,
and in any individual dwelling unit in a multifamily R district and in the PCD;
b.Six animals on property that is at least one acre but less than two acres in gross area in an R-
1, R-2 or AU district; or in any individual residence unit in a multifamily R district, or
multifamily in the PCD;
c.Eight animals on property that is two acres or more in gross area in an R-1, R-2 or AU
district; or in any individual residence unit in a multifamily R district, or multifamily in the
PCD.
d.The keeping of more than four guard dogs on vacant property or on property used for
business or industrial purposes.
(57) Animal kennel - commercial, boarding, dog training facility commercial.
a. Limitations of use. A commercial kennel use shall be limited to the raising, breeding,
boarding, sale, and grooming (herein after collectively referred to as "commercial care") of
domesticated animals such as dogs and cats. In addition, dog training facilities and the
commercial care of snakes or birds may be permitted provided this use is explicitly
requested during the approval process.
b. Regulations. Care of domestic animals is subject to all state, county, and city regulations.
c. Minimum lot size. The minimum lot size shall be two acres.
d. Frontage. The minimum required frontage on a public road to be used for the primary point
of access shall be 100 feet.
e. Setbacks. No structure or outdoor run shall be located within 25 feet of any property line.
f. Outdoor runs. All outdoor exercise runs shall be set back 50 feet from property lines
and shall not be located closer than 500 feet from residentially zoned or residentially
developed property. Where outside exercise runs are provided, a landscaped buffer or
decorative masonry wall shall enclose the runs, and use of the runs shall be restricted to
use during daylight hours.
g. Outdoor areas. Where outside exercise runs are not provided, an outside area shall be
designated for dogs (or cats) to relieve themselves, and that area shall be enclosed by a
landscape buffer or masonry wall. Additionally such area shall be set back 50 feet from
property lines and shall not be located closer than 500 feet from residentially zoned or
residentially developed property.
i. An operational plan shall be submitted as part of the Certificate of Use and approved by
the administrative official, that ensures business operations will not negatively impact
surrounding areas.
(6) Animal kennel, private.
a. Limitations of use. A private kennel use shall be established for noncommercial purposes
only, and animals residing in a private kennel shall belong solely to occupants of the
premises property.
b. Setbacks. No outdoor runs or structures associated with the private kennel shall be located
within 25 feet of any property line.
c. Outdoor runs. If necessary to protect the general public, safety fences of up to a height of six
feet shall be required on outdoor runs. If necessary to protect neighboring property, a
landscape screen of at least 75 percent opacity shall be provided around the outdoor run.
(7) Arcade, video games, electronic gaming.
a. Minimum distances. No part of any principal or accessory structure shall be within 100 feet of
any residential zoning district.
b. Hours of operation of game arcades shall be no earlier than 10:00 a.m., and no later than
9:00 p.m. weekdays and midnight on weekends.
c. There shall be at least 50 square feet of gross floor space for each video machine within
the establishment.
d. An attendant shall be present during all hours of operation.
(8) Assisted living facility (ALF). In addition to requiring a special exception use approval, the
following standards shall be complied with:
a. Location and access. If ambulance service is required, a nursing or convalescent facility
use shall have access from a collector road designed to minimize the adverse effects on
adjacent property. The environment created for a nursing or convalescent facility use
should be of a pronounced residential nature and should be designed to minimize any
adverse conditions that might detract from the primary convalescent purpose of the facility.
b. Minimum lot area. The minimum lot area shall be 10,000 square feet or the minimum
requirement of the district in which located, whichever is greater.
c. Frontage. The minimum frontage for the lot on which the nursing or convalescent facility is
located shall be 100 feet, or the minimum requirement of the district in which located,
whichever is greater.
d. Density. Shall be consistent with future land use element of the comprehensive
development master plan.
e. Room size. Sleeping rooms shall be no less than 100 square feet for single-occupancy,
and 185 square feet for double occupancy.
f.Occupancy. Rooms or suites of rooms shall not be designed, altered or maintained for
family living purposes.
g. Food preparation. The preparation of food shall be accomplished at a central kitchen
facility under the auspices of a trained nutritionist. Meals can be served to persons in their
rooms.
h. Staff. A nursing or convalescent facility in excess of 20 patients shall have a minimum of
one licensed practical or registered nurse for each floor or for every 50 patients or fraction
thereof, whichever requirement is higher. Facilities with less than 20 patients shall have a
licensed practical nurse (LPN) on duty 24 hours a day.
i.Room facilities. Each patient room shall be equipped with sanitary facilities in addition to
audio monitors and call buttons. At least one bathing facility shall be provided for every ten
patients.
j.Minimum leisure floor area. At least ten square feet of total floor area per patient shall be
devoted to a common area exclusive of halls, corridors, stairs and elevator shafts, wherein
a variety of recreational or therapeutic activities shall occur.
(8)Assisted living facility (ALF), up to six residents. Are permitted in a single dwelling unit provided: a.
That the total number of resident clients on the premises shall not exceed six (6).
b. That the operation of the facility shall be licensed, as provided in F.S. 429, and that such
sponsoring agency promptly notify the administrative official of said licensure no later than
the time of home occupancy.
c. That the facility shall be located at least 1,000 feet from another existing, un-abandoned,
legally established group home facility. The distance shall be measured by following a
straight line from the nearest portion of the structure of the proposed use to the nearest
portion of the structure of the existing use.
d. A request is submitted to the city on an approved form accompanied by the required fee
verifying the distance requirement as outlined in this section has been complied with.
(9)Assisted living facility (ALF) greater than 6 residents. In addition to requiring a special
exception use approval, the following standards shall be complied with:
a. Location and access. If ambulance service is required, a nursing or convalescent facility
use shall have access from a collector road designed to minimize the adverse effects on
adjacent property. The environment created for a nursing or convalescent facility use
should be of a pronounced residential nature and should be designed to minimize any
adverse conditions that might detract from the primary convalescent purpose of the facility.
b. Minimum lot area. The minimum lot area shall be 10,000 square feet or the minimum
requirement of the district in which located, whichever is greater.
c. Frontage. The minimum frontage for the lot on which the nursing or convalescent facility is
located shall be 100 feet, or the minimum requirement of the district in which located,
whichever is greater.
d. Density. Shall be consistent with future land use element of the comprehensive
development master plan.
e. Room size. Sleeping rooms shall be no less than 100 square feet for single-occupancy,
and 185 square feet for double occupancy.
f.Occupancy. Rooms or suites of rooms shall not be designed, altered or maintained for
family living purposes.
g. Food preparation. The preparation of food shall be accomplished at a central kitchen
facility. Meals can be served to persons in their rooms.
h. Room facilities. Each patient room shall be equipped with sanitary facilities in addition to
audio monitors and call buttons. At least one bathing facility shall be provided for every ten
patients.
j. Minimum leisure floor area. At least ten square feet of total floor area per patient shall be
devoted to a common area exclusive of halls, corridors, stairs and elevator shafts, wherein
a variety of recreational or therapeutic activities shall occur.
(9)Banquet hall. Shall comply with all licensing, spacing and other regulations set forth in article V of
this chapter for sale of alcoholic beverages.
Bar/lounge.
a. Shall comply with all licensing, spacing and other regulations set forth in article V of this
chapter for sale of alcoholic beverages.
b. Bar/lounges shall not operate as a nightclub/discotheque/club as defined here in this
chapter.
c. Premises must be a minimum of 1,500 square feet in gross area.
d. Upon review of a certificate of use application, the administrative official may impose
conditions as deemed necessary to ensure compliance with code requirements or
minimize or mitigate the impacts of the use on public facilities, adjacent properties and the
surrounding neighborhood, including, but not limited to, the following:
1. Restriction of hours of operation.
2. Security and/or off-duty police requirements;
3. Limitations of use to within the enclosed premises;
4. Posting of policies, as it refers to dress code and service of alcohol;
5. Business registration with city and other programs such as a "We Care" business; 6.
Conditions to minimize noise and for nuisance abatement.
(10) Bar/lounge, wine tasting room.
a. Shall comply with all licensing, spacing and other regulations set forth in article V of this
chapter for sale of alcoholic beverages.
b. Shall not operate as a nightclub/discotheque/club as defined here in this chapter. c.
Premises must be a minimum of 1,500 square feet in gross area.
d. Upon review of a certificate of use application, the administrative official may impose
conditions as deemed necessary to ensure compliance with code requirements or
minimize or mitigate the impacts of the use on public facilities, adjacent properties and the
surrounding neighborhood, including, but not limited to, the following:
1. Restriction of hours of operation.
2. Security and/or off-duty police requirements;
3. Limitations of use to within the enclosed premises;
4. Posting of policies, as it refers to dress code and service of alcohol;
5. Business registration with city and other programs such as a "We Care" business; 6.
Conditions to minimize noise and for nuisance abatement.
e. In addition to the general requirements, wine tasting rooms are subject to the following:
1. Wine tasting rooms are subject to the same spacing requirements as bar/lounge.
2. Only wine and non-alcoholic beverages and food other than meals, such as
appetizers, tapas, snacks and similar types of food may be served. For purposes of
this section, "meals" shall mean an assortment of foods commonly ordered in bona
fide full service restaurants as principal meals of the day.
3. Wine and non-alcoholic beverages may be sold at retail for on-premises consumption
and for off-premises.
(1011) Carwash, enclosed.
a. The cleaning of the interior of motor vehicles, waxing of the exterior detail work of motor
vehicles, drying and exterior detail work of motor vehicles if any, may be permitted as
ancillary use outdoors, providing the requirements of car wash-outdoors use are complied
with.
b. Permitted in conjunction a vehicle fueling station or as a standalone operation on lots with
a minimum area of 10,000 square feet.
c. No outdoor speaker or public address systems, which are audible off-site, shall be
permitted.
d. The property shall be in compliance with all DERM and other regulatory agencies.
(1112) Carwash, outdoor. Shall be permitted subject to complying with the following:
a. Permitted only in conjunction a vehicle fueling station, providing all activities shall be
performed under a covered structure. Said structure shall comply with Florida Building
Code and shall maintain all required setbacks of the underlying district.
b. Prior to issuance of a building permit or certificate of use a site plan shall be submitted with
information and detail necessary to determine setbacks and to show traffic circulation,
parking, and customer waiting areas. Such plans shall meet the approval of the
administrative official prior to issuance of a building permit or certificate of use.
c. No outdoor speaker or public address systems, which are audible off-site, shall be
permitted.
d. The property shall be in compliance with all DERM and other regulatory agencies.
e.No outdoor carwash use shall be permitted on a parcel that is within 100 feet of a
residential zoning district or residential use.
(13) Carwash, mobile. Mobile car wash/wax means any type of vehicle or apparatus that is used to
wash motorized vehicles that is ambulatory, and is not permanently affixed to real property.
Mobile carwash/wax vendors shall be governed by the following regulations:
a.Mobile service vendors may operate from 8:00 a.m. to 7:00 p.m. No mobile service vendor
shall station itself upon any public street or right-of-way. Neither shall any mobile service
vendor station itself upon any private property except with the express permission of the
owner thereof and in a manner, which does not impede the flow of traffic in public streets
or rights-of-way nor block pedestrian access to public streets or rights-of-way.
b.All mobile service vendors must provide for their own trash and garbage removal such that no
trash or garbage remains on the premises upon which the vending was conducted.
c. No property owner may permit mobile carwash vendors to operate on their property for
longer than four hours, or operate on site more than two times per week.
d.No signage, other than normal commercial graphics painted upon the actual mobile service
vehicle, shall be permitted.
e.With approval from the city, an exception to (c) above may be made for mobile service
vendors who are stationed within approved parking structures.
f. Mobile service vendors must operate from four-wheel motorized vehicles registered in the
State of Florida.
g.Mobile car washes are not permitted within the city limits unless the mobile vehicle is
equipped with an approved industrial wastewater transportable treatment system and has
been issued a city business license.
h. No steam cleaning, solvents, and/or degreasers may be used.
i. No run-off into the stormwater utilities is permitted.
j.If soap is used, any run-off must be negligible and contained on private property.
k. Mobile car wash/wax services shall not be permitted to operate within 1,000 feet of a car
wash/wax service with a fixed business located within the city, and that has a valid
business tax receipt and certificate of use.
(1314) Box lunches, transient catering trucks, distribution. No person shall distribute box lunches
until such person has obtained a Business Tax Receipt (BTR) and Certificate of Use (CU)
permit from the administrative official. Such permit shall be subject to the following restrictions:
a. No selling to be conducted on, or from, the public right-of-way and such sales to be made
only from private property on which is located the use whose employees desire the service,
and then only with the consent of the owner of such private property. (In the event active
construction prevents access to private property, a temporary stop may be made on right-
of-way.)
b. The uses to be served to be confined to industrial, commercial developments, and any
development with an active building permit and under active construction.
c. Owners of the box lunch business to be responsible for the action of their drivers and
salesmen, and that such drivers and salesmen to do everything possible to prevent and
eliminate the scattering of food, cups, napkins, etc.garbage, and other related disposable
products at their stops.
d.That such business shall have a properly authorized and licensed place of business. ed.
Vehicles are not permitted to park at any one location more than two hours.
e. The hours of distribution shall be limited to between 11:00am and 3:00pm.
Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4,
article II, section 4-45.
(1215) Catering service.
a. Shall comply with all regulations set forth in the article V of this chapter for sale of
alcoholic beverages.
b.Shall obtain a Business Tax Receipt (BTR) and Certificate of Use (CU) permit from the
administrative official.
c.Catering operations including food preparations shall be conducted from a storefront with a
physical address.
d.Catering trucks or commercial vehicles registered to the catering business shall obtain a
commercial vehicle parking permit in accordance with Section 34-391 of this chapter.
Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4,
article II, section 4-45.
(1416) Cemetery, mausoleums, crematories . Special exception use approval is required,
subject to the following:
a. No land for which a plat has not been recorded shall be used for any burials. The dead
shall not be buried or placed closer than 50 feet to any highway right-of-way or which is 70
feet or more in width nor closer than 25 feet to any highway, the right-of-way width of which
is less than 70 feet nor closer than 25 feet to any other property line.
b. Site area. In accordance with the requirements of F.S. § 497.027, aA cemetery shall be
located on a site with a minimum contiguous area of 15 5 acres, and shall comply with the
requirements of F.S. § 497.274 .
c. Water supply and sewage disposal. Potable water supply and sewage disposal systems for a
cemetery use shall be provided in accordance with the all applicable requirements of all
regulatory agencies.
(15) Columbariums . Shall be located within a freestanding structure whose principal use is a place
of religious assembly that is owned, operated, and maintained by a religious organization.
Columbariums shall be constructed pursuant to all applicable life/safety codes and subject to
the following:
a. The accessory columbarium shall be utilized only by members of the place of religious
assembly and their immediate family members.
b. The accessory columbarium shall not exceed 20 percent of the total floor area of the
principal structure.
c. Written proof that the proposed columbarium will comply with all applicable state and
county requirements.
d. A written statement from the governing body of the place of religious assembly to the city
attorney on how the proposed columbarium will be operated and maintained.
(1617) Community residential facilities home, up to six residents. Are permitted in a single
dwelling unit provided:
a. That the total number of resident clients on the premises shall not exceed six.
b. That the operation of the facility shall be licensed, as provided in F.S. ch. 419, and that
such sponsoring agency promptly notify the administrative official of said licensure no later
than the time of home occupancy.
c. That the community residential facility shall be located at least (1,000) feet from another
existing, unabandoned legally established community residential facility with six or less
residents. The 1,000-foot distance requirement shall be measured by following a straight
line from the nearest portion of the structure of the proposed use to the nearest portion of
the structure of the existing use.
d. A request is submitted to the city on an approved form accompanied by the required fee
verifying distance requirement as outlined in this section has been complied with.
(1718) Community residential facilities home, more than six residents. Are permitted only after
obtaining a special exception use approval and provided:
a. That the operation of the facility shall be licensed as provided in F.S, ch. 419, and that
such sponsoring agency promptly notify the administrative official prior to the time of
occupancy.
b. That the community residential facility shall be located at least 1,200 feet from another
existing, unabandoned legally established community residential facility in a multifamily
zone district; and shall be located at least 500 feet of an area zoned R-1, single-family
residential. The distance requirement shall be measured by following a straight line from
the nearest portion of the structure of the proposed use to the nearest portion of the
structure of the existing use or nearest portion of the R-1 district.
c. A request is submitted to the city on an approved form accompanied by the required fee
verifying distance requirement as outlined in this section has been complied with.
(19) Drug, pharmacy store.
a. Minimum size. A minimum of 10,000 square feet of gross floor area shall be
required in order to operate a drug or pharmacy store.
(1820) Educational and child care facilities, nonpublic .
a. Applicability and definitions. This subsection shall be applicable to all private and non-
public educational and child care facilities as defined in appendix A in section 34-733.
b. Religious activities. This subsection shall not be applicable to facilities used principally for
weekend or intermittent nonacademic religious instruction, or for the care of children whose
parents or guardians are attending religious services or meetings on the premises.
c. Zoning district requirements.
1. All educational and child care facilities shall meet the requirements included herein,
and the requirements of the particular zoning district in which they are located if that
district is one in which the facility is a permitted use; facilities in other districts
requiring a special exception use approval shall meet R-1 requirements.
2. Notwithstanding any other provisions of this chapter, office developments in the OF
District and PCD that contain a platted lot of not less than five acres net approved
under one site plan and under one ownership with a recorded unity of title agreement,
and that include day nursery, kindergarten or after school care space, shall be eligible
for a floor area bonus of three square feet for each one square foot of floor area
dedicated to child care use, subject to the following requirements and entitlements:
(i) Physical standards for the licensed child care facility shall be as provided in this
subsection and elsewhere in this chapter.
(ii) The outdoor area provided in connection with any licensed child care facility
qualifying under this subsection shall be included in the calculation of open space
required to be provided in the zoning district in which the facility is located. As a
condition of qualifying for inclusion in the calculation of total required open space,
the outdoor area shall be shown in the plot use or site plan required in this
section. The required plot use or site plan shall establish:
(A) Direct proximity or protected access between the child care facility and the
open area;
(B) Adequate provisions for safety in the outdoor area; and
(C) Reasonable provisions for integrating use and enjoyment of the outdoor
area both for child care and for other uses at the site.
(iii) For each one square foot of floor area dedicated to child care use under this
subsection, an additional three square feet of floor area for uses other than the
child care use at the site shall be allowed in calculating the maximum floor area
ratio permitted in the zoning district in which the child care facility is provided. As
a condition of approving the plot use or site plan, the administrative official shall
require a recorded covenant establishing:
(A) The calculations and conditions upon which the additional square footage
has been permitted; and
(B) Restricting the area designated for child care to child care use only.
d. Required information.
1. All nonpublic educational facilities and child care facilities shall submit the following
applicable information in writing to the planning and zoning department for review and
approval prior to issuance of certificate of use, or building permit:
(i) Total size of the site;
(ii) Maximum number of students to be served;
(iii) Number of teachers and administrative and clerical personnel;
(iv) Number of classrooms and total square footage of classroom space;
(v) Total square footage of non-classroom space;
(vi) Amount of exterior recreational/play area in square footage;
(vii) Number and type of vehicles that will be used in conjunction with the operation of
the facility;
(viii) Number of parking spaces provided for staff, visitors, and transportation vehicles,
and justification that those spaces are sufficient for this facility;
(ix) Grades or age groups that will be served;
(x) Days and hours of operations;
(xi) Means of compliance with requirements by the county fire department, county
department of public health, the department of children and family services, and
any federal guidelines applicable to the specific application.
2. All nonpublic educational facilities and child care facilities requesting approval for
fewer than 50 students shall submit the following applicable information in graphic
form to the planning and zoning department for review and approval prior to issuance
of certificate of use or building permit:
(i) A detailed plot use plan shall be submitted to the department of planning and
zoning, and the same shall be drawn to scale and include dimensions to indicate
lot size, street rights-of-way and pavement measured from center line, size of
building or buildings, interior floor layout and interior uses, location and size of
recreation and/or play areas, location of fences and/or walls that shall enclose
recreation and/or play areas; said plans shall include, but not be limited to, off-
street parking areas and driveways, walls, fences, signs and landscaping.
Landscaping and trees shall be provided in accordance with article XIV of this
article. The plot use plan shall include a title block giving the name of the project,
the title of the person preparing the plan, the date of preparation of the plan and
scale of drawings.
(ii) Other data shall be furnished as requested by the administrative official where
such data may be needed in order to determine that standards as specified in
this subsection have been met.
3. All nonpublic educational facilities and child care facilities requesting approval for 50
or more students shall submit the following applicable information in graphic form to
the planning and zoning department for review and approval prior to issuance of a
certificate of use or building permit. The following graphic information shall be
prepared by design professionals, such as registered state architects and landscape
architects.
(i) A plan indicating existing zoning on the site and adjacent areas.
(ii) A site plan indicating the following:
A. Location of all structures;
B. Parking layout and drives;
C. Walkways;
D. Location of recreation areas and play equipment which shall include
surrounding fences and/or walls;
E. Any other features which can appropriately be shown in plan form.
(iii) Floor plans and elevations of all proposed structures.
(iv) Landscape development plan listing quantities, size, and names of all plants in
accordance with this chapter.
e. Calculation of physical space requirements for multiple-use facilities.
1. Where a non-public educational facility or child care facility is to be operated in a
structure simultaneously used as a residence, place of religious assembly or other
facility, the area which will be specifically used for a private school or child care facility
during the hours of operation shall be clearly defined. The area so delineated shall be
used as the basis for determining physical space requirements as provided in this
article. No physical space credit will be given for interior or exterior areas that are not
restricted to the school or child care use during the hours of operation of said facility.
f. Combination of residential and nonpublic educational facilities and child care facility.
1. No combination of residential use and nonpublic educational facility and child care
facility will be permitted on the same property except as follows:
(i) A single-family residential use is permitted in the same building with a nursery,
after school care or kindergarten use, where the same is used only by the
nursery-kindergarten operator.
(ii) In connection with day nursery, after school care and kindergarten facilities, a
residential unit for a caretaker is permitted only when the facility operator does
not reside on said premises.
(iii) A residential unit is permitted for a caretaker on the site of an elementary, junior
and/or senior high school.
(iv) An existing multifamily apartment building or complex may incorporate a
educational and child care facility for the accommodation of residents only;
provided, that such facility will not be contrary to any site plans previously
approved at a public hearing.
g. Physical standards.
1. Recreation/play areas. Recreation/play areas shall be in accordance with the following
minimum standards, calculated in terms of the proposed maximum number of children
for attendance at the school at any one time unless otherwise indicated.
Recreation/play areas may be provided within an enclosed air conditioned area or
outdoors or a combination of both.
Table 2: Minimum Standards for Recreation Playground/Play Areas
School categories Required area
Day care/kindergarten and preschool,
after‐school care, family day care
home
Forty‐five square feet per child calculated in terms of half of
the proposed maximum number of children for attendance at
the school at one time
Elementary school (grades 1—6) Five hundred square feet per student for the first 30 students;
thereafter, 300 square feet per student
Junior and senior high school (grades
7—12)
Eight hundred square feet per student for the first 30 students;
300 square feet per student for the next 300 students;
thereafter, 150 square feet per student
(i) Where there are category combinations, each classification shall be calculated
individually.
(ii) Location requirement for outdoor recreation playground/play areas for child care
facilities. Where the front or side street property line of a child care facility abuts a
section line or half section line right-of-way no outdoor recreation playground/play
area shall be located between the right-of-way and the building line parallel to the
right-of-way. Within two years after the administrative official mails notice of the
requirement of this article all existing child care facilities shall either comply with
the foregoing requirement or install a safety barrier from vehicular traffic
designed by a professional engineer and approved by the public works
department. For any existing child care facility which is required to either relocate
its outdoor recreation playground/play area or provide a safety barrier, any
resulting reduction in outdoor recreation playground/play area shall be deemed in
compliance with the minimum playground/play area requirements. Any such
reduction shall also be deemed to be in substantial compliance with any site plan
previously approved at public hearing. In event that such a child care facility
whose site plan was approved at public hearing seeks to relocate its
playground/play area, such relocation shall be subject to approval after public
hearing upon appropriate application. No fee shall be charged for such
application. This shall not be deemed to allow the future expansion of any child
care facility to occur without complying with the requirements of this subsection.
Notwithstanding anything in this chapter to the contrary, the provisions of this
subsection shall apply to the county and city child care facilities.
2. Auto stacking. Stacking space, defined as that space in which pickup and delivery of
children can take place, shall be provided a minimum of one space for schools with
less than 20 children; two spaces for schools with 20 to 40 children; schools with 40 to
60 [children] shall provide four spaces; thereafter there shall be provided a space
sufficient to stack five automobiles.
3. Classroom size. All spaces shall be calculated on the effective net area usable for
instruction or general care of the group to be housed. This space shall not include
kitchen areas, bathrooms, hallways, teachers' conference rooms, storage areas, or
any other interior space that is not used for instruction, play or other similar activities.
The minimum classroom space shall be determined by multiplying the maximum
proposed number of pupils for attendance at any one time by the minimum square
footages, subsections (18)g.3(i) through (iv). Where a private educational facility is
non-graded, calculations shall be based on the age level that corresponds to the
grade level in the public school system. Where a school includes more than one of the
following categories, each category shall be individually computed:
(i) Day nursery and kindergarten, preschool and afterschool care, 35 square feet
per pupil.
(ii) Elementary (grades 1—6), 30 square feet per pupil.
(iii) Junior high and senior high (grades 7—12), 25 square feet per pupil.
(iv) Babysitting service, 22 square feet of room area per child.
4. Height. The structure height shall not exceed the height permitted for that site by the
applicable zoning district.
5. Exemptions. Babysitting services are exempted from the requirements of subsections
(18)g.1—3 of this section. Child care facilities as described in this subsection shall be
prohibited from operating on property abutting or containing a water body such as a
pond, lake, canal or, irrigation well unless a safety barrier is provided which totally
encloses or affords complete separation from such water hazards. Swimming pools
and permanent wading pools in excess of 18 inches in depth shall be totally enclosed
and separated from the balance of the property so as to prevent unrestricted
admittance. All such barriers shall be a minimum of 48 inches in height and shall
comply with the following standards:
(i) Gates shall be of the spring back type so that they shall automatically be in a
closed and fastened position at all times. Gates shall also be equipped with a
safe lock and shall be locked when the area is without adult supervision.
(ii) All safety barriers shall be constructed in accordance with the standards
established in section 34-446, except that screen enclosures shall not constitute
a safety barrier for these purposes.
6. Review standards. The following review standards shall be utilized by the department,
and, where a hearing is required, by the public hearing body.
(i) Study guide. The study entitled "Physical Standards for Proposed Private
Educational Facilities in Unincorporated Miami-Dade County," date 1977, shall
be used as a general guide in the review of proposed nonpublic educational
facilities; provided, however, that in no case shall the educational philosophy of a
school be considered in the evaluation of the application.
(ii) Planning and neighborhood studies. Planning and neighborhood studies
accepted or approved by the city council that include recommendations relevant
to the facility site shall be used in the review process.
(iii) Scale. Scale of proposed nonpublic educational facilities shall be compatible with
surrounding proposed or existing uses and shall be made compatible by the use
of buffering elements.
(iv) Compatibility. The design of the nonpublic educational facilities shall be
compatible with the design, kind and intensity of uses and scale of the
surrounding area.
(v) Buffers. Buffering elements shall be utilized for visual screening and substantial
reduction of noise levels at all property lines where necessary.
(vi) Landscape. Landscape shall be preserved in its natural state insofar as is
practicable by minimizing the removal of trees or the alteration of favorable
characteristics of the site. Landscaping and trees shall be provided in
accordance with article XIV of this chapter.
(vii) Circulation. Pedestrian and auto circulation shall be separated insofar as is
practicable, and all circulation systems shall adequately serve the needs of the
facility and be compatible and functional with circulation systems outside the
facility.
(viii) Noise. Where noise from such sources as automobile traffic is a problem,
effective measures shall be provided to reduce such noise to acceptable levels.
(ix) Service areas. Wherever service areas are provided they shall be screened and
so located as not to interfere with the livability of the adjacent residential
properties.
(x) Parking areas. Parking areas shall be screened and so located as not to interfere
with the livability of the adjacent residential properties.
(xi) Operating time. The operational hours of a nonpublic educational facility shall
be such that the impact upon the immediate residential neighborhood is
minimized.
(xii) Industrial and commercial. Where schools are permitted in industrial or
commercial areas it shall be clearly demonstrated in graphic form how the impact
of the commercial or industrial area has been minimized through design
techniques.
(xiii) Fences and walls. Recreation and/or play areas shall be enclosed with fences
and/or walls.
7. Certificate of use and occupancy. The certificate of use and occupancy shall be
automatically renewable annually by the planning and zoning department upon
compliance with all terms and conditions, including maintenance of the facility in
accordance with the approved plan.
8. Grandfather clause.
(i) It is not the intention to require any changes in any nonpublic educational
facilities already in existence at the time of the adoption of this subsection, so
long as said uses have been legally established in accordance with existing
regulations.
(ii) Any nonpublic educational facilities which have heretofore been approved
through a public hearing, and are subject to plot use (or site) plan approval, but
on which construction has not been commenced, shall have six months from the
date of this article to commence construction; otherwise, compliance with this
article shall be required.
(iii) With the exceptions noted above, all nonpublic educational facilities shall comply
with the requirements of this article upon the effective date thereof.
(iv) Any proposed minor changes to existing schools that were approved prior to the
adoption of this article may be approved by the administrative official, provided
that such modifications do not violate the resolution approved as part of the plan.
Such minor changes shall include, but not be limited to, enlargement of the play
area, additions, such as storage areas, additional restrooms, and expansion of
kitchen facilities.
h. Accessory uses in houses of worship and schools, public and private.
1. Additional application requirements.
(i) A written statement that the proposed child day care center will comply with all
applicable county and state regulations.
(ii) A written statement that the proposed child day care center will be operated and
maintained solely by the church or in conjunction with a registered not-for-profit
public agency or organization.
2. Additional standards.
(i) Child day care centers in houses of worship and schools located in residential
districts. Applications to establish child day care centers in houses of worship
and schools located in residential districts shall comply with the requirements of
Laws of Fla. ch. 59 (1968), as amended.
3. Minimum site dimensions:
(i) Minimum site area: 10,000 square feet.
(ii) Minimum lot width: 100 feet.
4. Minimum distances:
(i) All principal structures: 30 feet from any residential property line if located in a
residential zoning district or 30 feet from a zoning district.
(ii) All parking, loading, and vehicular circulation areas: 30 feet from any residential
zoning district or 30 feet from a residential property line if located in a residential
zoning district.
(iii) All outdoor play areas: ten feet from any residential zoning district or ten feet
from a residential property line if located in a residential zoning district.
5. Front setback. Available play or activity areas shall not be located within the front
setback.
6. Loading and unloading facilities. Loading and unloading facilities for children such as
circular driveways or similar circulation systems that allow for the stacking of three
standard size cars without interfering with the traffic flow of the servicing right-of-way
or the ingress and egress of the parking area.
7. Outdoor/indoor play and activity areas. Outdoor play and activity areas shall comply
with this section.
(1921) Educational facilities, college or university, private. In addition to requiring a special
exception use approval the following standards shall be complied with:
a. Main campus requirements. Private colleges and universities with sites of 30 acres or less
shall meet the minimum standards established herein for high school facilities. Above 30
acres, in addition to said minimum standards, said facilities shall be subject to intensive
review by the planning and zoning department and the city council utilizing the study
entitled "Physical Standards for Proposed Private Educational Facilities in Unincorporated
Miami-Dade County," adopted pursuant to Resolution No. R-633-77.
b. Exception for satellite classroom facilities. The requirements set forth in subsection (19)a of
this section shall not apply to satellite facilities either owned or leased by private colleges
or universities located in either a shopping center or industrial park in a NC, PCD, OF, I-1,
or I-2 district, where the shopping center or industrial park is not less than 25 acres under
one ownership of title, unity of title, or a declaration in lieu of unity of title, with an approved
plan showing at least 200,000 square feet of building area with facilities for parking for not
less than 300 vehicles. A satellite classroom facility is a permitted use within such a
shopping center or industrial park, provided that it satisfies the following requirements:
1. The total cumulative square footage of all satellite classroom facilities located in a
shopping center or industrial park shall be less than 50 percent of the square footage
of the shopping center or industrial park.
2. The satellite classroom facility shall be located at least five miles away from the main
campus of the private college or university, measured by following a straight line from
the front door of the proposed satellite classroom facility to the nearest point of the
main campus grounds.
3. The total cumulative square footage of the satellite classroom facilities located in a
shopping center shall not exceed ten percent of the total cumulative classroom square
footage located at the main campus of the private college or university.
4. All satellite classroom facilities must comply with the parking requirements set forth in
section 34-375.
5. Applicants for satellite classroom facilities shall submit to the planning and zoning
department an affidavit setting forth the total cumulative classroom square footage
located at the main campus of the private college or university.
6. A school bookstore selling both new and used books shall be permitted to operate as
an ancillary use in connection with satellite classroom facilities provided that the
square footage of such bookstore does not exceed ten percent of the total cumulative
classroom square footage located at the shopping center or industrial park. The
square footage of such a bookstore shall be included in the total cumulative
classroom square footage at the shopping center for the purposes of this subsection.
(20) Day care facilities, adult.
a. Additional application requirements. A written statement that the proposed adult day care
facility will comply with all applicable county and state regulations.
b. Additional standards.
c. Applications to establish adult day care centers shall comply with the requirements of F.S. ch.
400, pt IV.
d. Minimum site area must conform to the requirements for the district within which the facility is
to be located.
e. Minimum lot width: 100 feet.
f. Minimum distances: All principal and accessory structures: 30 feet from any residential
zoning district or 30 feet from a residential property line if located in a residential zoning
district.
g. At least 100 square feet of available outdoor activity area shall be provided for each adult. h.
Available activity areas shall not be located within the front setbacks.
i. Outdoor activity areas shall be screened with a solid wall or fence not less than five feet in
height.
j. Landscaping is required pursuant to article XIV of this chapter.
(2122) Family day care home, 5 children or less than five children. Day care facilities, children:
a. Additional application requirements. A notarized statement that the proposed family day
care home center will comply with all applicable county and state regulations shall be
required.
b. Additional standards. Applications to establish child a family day care home center shall
comply with the requirements of F.S. 402.313.
c. Family day care homes shall only be permitted in a private residence where the
homeowner or occupant resides permanently on-site.
(2223) Donated goods center, new/used. Donated goods centers for the acceptance only of new
or used merchandise, upon compliance with the following conditions:
a. The portion of the donated goods center which is open to the public shall not exceed 2,000
square feet;
b. A solid wall shall separate the public area of the donated goods center from the balance of
the said center and shall prevent public access to the balance of said center;
c. The donated goods center must be operated by an organization which has been
incorporated as a not-for-profit organization under the laws of the state for a charitable
purpose and which has been declared exempt from the payment of federal income taxes
by the United States Internal Revenue Service;
d. The donated goods must be accepted by personnel directly employed by or volunteers for
the not-for-profit organization;
e. The monetary proceeds resulting from the sale of donations collected at a donated goods
center must be used in accordance with the organization's charitable purpose pursuant to
the county Code, section 33-238(14)(c), to benefit persons within the boundaries of the
county or outside of the county to provide emergency relief for victims of natural, manmade
or economic disasters;
f. The operation of the donated goods center, the collection and use of donations and
proceeds thereof must be conducted by said not-for-profit organization and not by a
licensee, subcontractor or agent of the not-for-profit organization;
g. A declaration of use in a form meeting with the approval of the administrative official shall
be submitted to the department prior to the issuance of a certificate of use and occupancy
specifying compliance with the foregoing conditions. Said declaration of use shall include a
floor plan for the intended use as required by the department.
h. Permanent or temporary donation bins on same property and serving the same
organization shall be allowed subject to standards set forth as an accessory use in section
34-312. Said bins shall be manned at all times donations are accepted.
(2324) Flea market. In addition to requiring a special exception use approval the following
standards shall also be complied with:
a. Minimum lot area: one acre;
b. Minimum lot width: 200 feet;
c. The site shall be at least 1,000 feet from any residential zoning district;
d. Distances: All principal and accessory structures shall be located at least 100 feet from any
property line;
e. Adequate traffic facilities, such as intersection improvements, turn lanes, internal
circulation lanes, acceleration lanes, signalization, etc., shall be provided to minimize the
impact of the facility on adjacent public thoroughfares;
f. The site shall be landscaped pursuant to article XIV of this chapter. A landscape buffer at
least 15 feet wide shall be provided along all property lines, with shade or flowering trees
planted every 30 linear feet on center. Hedge shrubs planted within the buffer area shall
have a minimum height of three feet immediately after planting;
g. Exterior pay phones shall not be allowed;
h. "No loitering" signs shall be conspicuously located on the outside walls of the structure and
be visible from the view of the public right-of-way;
i. Ingress and egress shall be provided only from a major or minor arterial, a collector or local
street segment which does not pass through a residential area;
j. Signage shall conform to article XVII of this chapter;
k. sShared parking requirements shall not be applied when calculating parking requirements
for this use;
l. Use of raised, landscaped islands shall be installed at the end of each row of parked
automobiles as a means of ensuring that the necessary sight distances will be available to
drivers;
m. All uses shall be within an enclosed building. There shall be no temporary or permanent
outside booths, tables, platforms, racks or similar display areas.
(2425) Financial institution – banks, credit unions, investment brokerage establishments, ATM.
Free standing or drive thru ATMs islands, and drive thru banking operations shall be permitted
subject to compliance with accessory structure setback requirements of the underlying district
and site approval by the Zoning Administrator in conjunction with Engineering/Public Works
Department. A separate Certificate of Use (CU) and Business Tax Receipt (BTR) shall be
required for ATM machines not associated with a physical banking institution on the same
premises.
(25) Gun, pistol range, gun clubs, archery. In addition to requiring a special exception use approval
the following standards shall also be complied with:
a.Indoor facilities shall be located within an enclosed building which shall be constructed and
operated in such a manner that gunshots and related noise will not be detectable at
adjoining property lines.
b. Buildings shall be completely air conditioned.
c.Indoor and outdoor facilities shall be spaced a minimum distances of 1,000 from any
residential zoning district as measured from the property line of the range to the residential
zoning district boundary line, without regard to intervening structures or objects.
(26) Sport shooting range. In addition to requiring a special exception use approval the following
standards shall also be complied with:
a.The facility shall be designed to meet and comply with applicable federal and state laws,
county, and local ordinances and guidelines.
b.Shall be located within an enclosed building completely air conditioned, which shall be
constructed and operated in such a manner that floors, walls, backstops, and ceilings must
be able to contain the sound in addition to the bullet fired and be made of acceptable
engineering standards.
c.Facilities shall be spaced a minimum distance of 1,000 feet from any residential zoning
district or residential use, as measured from the property line of the range to the residential
zoning district boundary line, without regard to intervening structures or objects.
(26) Home office . A home office shall be permitted as an ancillary use to all lawful residential uses
subject to the following limitations:
a. The home occupation shall be clearly incidental and secondary to the residential use of the
building and shall be confined to no more than ten percent of the total floor area of the
dwelling.
b. The home office shall not be conducted in any accessory building or other structure
detached from the residence except that a home office may be allowed in the habitable
space on the second floor of a detached garage.
c. The home office use must be conducted by a member of the household residing in the
dwelling unit, and no person shall be employed at any time in connection with the home
office use who is not a member of the household residing in the dwelling unit except that a
disabled individual may employ a personal care attendant as necessary to accommodate a
home use office on the site by such individual.
d. No sign relating to the home office may be posted or displayed on the site and no vehicle
with any sign displaying the home office use or home office residential address, which
might serve to indicate that the dwelling unit is being used for a home office, may be
located on the site.
e. No customer, vendee, client or other patron shall be served in person on the site, nor shall
the home office use be conducted in any way which would necessitate the presence of
suppliers or patrons on the site, with the exception of deliveries customary to residential
use.
f. There shall be no display, manufacturing, distribution, or repair of any type of materials,
merchandise or other products on the premises. Storage of such items shall be confined to
the home office area.
g. There shall be no change in the outside residential character of the building or premises as a
result of the conduct of such home office use, or any visible evidence thereof.
h. Equipment or processes shall not be used in conjunction with a home occupation which
create noise, vibration, glare, fumes, odors, or electrical interference detectable to the
normal senses on property adjacent to such use. In the case of electrical interference
detectable to the normal senses on property adjacent to such use. In the case of electrical
interference, equipment or processes shall not be used which create visual or audible
interference in the normal operation of radios, televisions, and similar equipment operated
on property adjacent to such use.
i. More than one home office may be permitted at any one time in a dwelling unit, provided that
each such home office complies with each of the aforestated requirements and further
provided that the combined total square footage of all home office uses in the dwelling unit
does not exceed the provisions of subsection (26)a of this section.
j. Commercial vehicle parking shall be in compliance with section 34-389.
k. An annually renewable certificate of use and occupancy shall be obtained for any home
office.
l. No variances shall be granted through provisions of other applicable regulations which will in
any way conflict with or vary the provisions of this section.
(27) Hospital, private/public. medical clinic. In addition to requiring a special exception use approval
the following standards shall also be complied with:
a. Minimum lot area. The minimum lot area shall be five acres or the minimum requirement of
the district, whichever is greater.
b. Frontage. The minimum frontage for the lot shall be 300 feet or the requirement of the
district, whichever is greater.
c. Density. The number of patient rooms for the hospital or medical center shall not exceed
one patient room for each 1,000 square feet of lot area (43.56 patient rooms per acre).
d. No housekeeping. Rooms or suites of rooms shall not be designed, altered or maintained
for housekeeping or family living purposes.
e. Food preparation. The preparation of food shall be accomplished at a central kitchen
facility under the auspices of a trained nutritionist. Meals may be served to persons in their
rooms.
f. Heliport or helipad. Accessory heliport or helipad is permitted provided the use is explicitly
requested during the approval process, or approved separately by DRC review.
g. Incinerators. Bio-hazardous waste incinerators with an allowable operating capacity equal
to or less than 1,000 pounds per hour are permitted as an accessory to a hospital use with
the following supplementary use standards:
1. Setbacks. An incinerator use shall be set back a minimum of 500 feet from any
residentially zoned or used lot. Incinerators approved prior to the effective date of this
subsection shall not be considered nonconforming uses. Expansion of existing
facilities may be allowed with reduced setbacks provided the expansion is reviewed
and approved by the DRC.
(28) Hospital, psychiatric. Private or public institutions or homes, including hospitals, for the care and
treatment of persons who are mentally ill, must be placed at least 300 feet from any adjoining
property line and not closer than 100 feet from any official right-of-way line, and are prohibited in
all districts unless approved as the result of a public hearing; provided, however, that in districts
in which group homes and community residential homes are a permitted use, these setback
requirements shall not apply to such homes.
(29) Industrial use, heavy. Uses permitted under this category are required to minimize their
emission of smoke, dust, fumes, glare, noise and vibration and shall be subject to the following
standards:
a. All permitted activities, other than parking, loading and storage, shall be conducted within a
completely enclosed building.
b. Outdoor storage shall only be permitted as an accessory use, subject to provisions of
Section 34-310 of this chapter.
a. Approval of use, appeals. No use whatsoever shall be permitted in an I-2 District until the
applicant for the use shall have filed a written application specifying the use and containing
such detailed information and certified reports as may be reasonably required to determine
whether or not the proposed use would be commensurate with the public health, safety,
comfort, convenience and general welfare of the community and in compliance with other
code provisions. Such written report shall be filed in triplicate with the administrative
official, and shall be reviewed, studied and considered by the planning and zoning
department and such other appropriate department or governmental unit that may be
interested or may regulate the use. Said agency shall promptly make a written report of its
findings and recommendations to the administrative official, and simultaneously furnish a
copy thereof to the applicant. The proposed use shall be permitted unless the aforesaid
report shows that the proposed use would be detrimental to the public health, safety,
comfort, convenience or general welfare of the city, or that the proposed use would be
offensive or obnoxious by reason of the emission of odors, gases, dust, noise or vibration,
or would cause any pollution of the air or water, or otherwise would be contrary to the
intent and purpose of this chapter. If the aforesaid report and findings are favorable to the
applicant, and it is recommended that the proposed use be permitted, then the
administrative official shall issue appropriate permits and permit the use requested and set
forth in the application. If such report is unfavorable to the applicant, no permits shall be
issued and the requested use shall not be permitted; provided the applicant has a right of
appeal pursuant to section. Nothing herein, however, shall prohibit the issuance of a
building permit for an industrial building that complies with all applicable requirements prior
to a determination of what use shall occupy such building, the ultimate occupancy being
subject to the requirements of this section. No new application for the same proposed use
shall be permitted within the period of six months from the date of final determination of a
prior application.
(30) Industrial use, light. Uses permitted under this category are subject to the following standards:
a. Light industrial uses shall be limited to light manufacturing operations for the distribution of
products at wholesale. The determination of compatibility is based upon an absence of
negative externalities (noise, glare, smoke, odor, vibration, etc.) detectable by humans at
the edge of the lot containing the light industrial use.
b. All permitted activities, other than parking, loading and storage, shall be conducted within a
completely enclosed building.
c. Outdoor storage shall only be permitted as an accessory use, subject to provisions of
Section 34-310 of this chapter.
a. Contractor's storage yard. A contractor's storage yard means storage and accessory office
performed by building trade and service contractors on lots other than construction sites. A
contractor's storage yard use shall comply with the following supplementary use standards:
1. Office permitted. An accessory office shall be permitted.
2. Screening. When located in the I-1 district, outdoor activities and storage shall be
completely screened from view from adjacent property and public streets. All storage
shall be effectively screened from view by on-site walls, fences or buildings. In no
case shall the height of materials, stored in outdoor areas exceed 20 feet or the height
of the principal building on the lot. For a storage-yard contiguous to property in a
residential district, and opaque fence/wall a minimum eight feet in height shall be
placed along the inside border or the required landscape strip. The purpose of the
fence/wall inside the landscaped strip is to protect the landscape strip from the
intensive activity of the storage yard and to supplement the landscape strip as a
buffer.
3. Activities. No major repairs of vehicles or equipment, and no manufacturing or
processing shall occur on the site.
(31) Mobile home, manufactured homes.
a. Purpose and intent. It is the purpose and intent of this subsection to provide regulations to
control the use of mobile homes and to establish standards for mobile home parks which
will promote the placement of parks in appropriate locations where there exist or would be
provided the basic amenities and services akin to those in low- and medium-density areas,
and to provide for the grouping of these mobile home units to make an efficient
aesthetically pleasing use of land within the mobile home community so that a high-quality
residential area will be created and maintained for the benefit of the mobile home
community and adjacent properties and the public as a whole.
b. Limitation of use of mobile homes outside of mobile home parks. It shall be unlawful to
place, store, or use mobile homes outside of approved mobile home parks, except as
follows:
1. Temporary occupancy during construction of a residence. A mobile home may be
occupied as a residence for one family only on a residential building site while a
permanent single-family detached residence is being constructed thereon under the
following conditions:
(i) That a building permit has been obtained for a permanent residential building on
the site on which the mobile home is to be placed.
(ii) That the mobile home shall not be placed on such site until authorized sanitary
waste facilities have been installed thereon.
(iii) A letter shall be submitted by the holder of the building permit explaining in detail
the means of financing the construction, which will assure expeditious
completion, such letter to also give assurance that the trailer will be maintained
and occupied on the subject premises only so long as the original building permit
is in full force and effect, which shall be an additional condition of the bond
hereafter mentioned.
(iv) That the applicant give the city a cash or surety bond in the amount of $1,000.00
guaranteeing:
A. That the mobile home shall remain on the building site only so long as the
building permit is in full force and effect, and subject to the condition that no
extension of time on the building permit and no completion permit for the
resident shall extend the time for maintenance of the mobile home on the
property unless substantial progress has been made on the construction of
a permanent residential building as evidenced by progressive required
inspections having been completed within the time limit permitted.
(v) That the mobile home will be removed from the premises upon the completion of
the residential structure or when any provisions hereof have been violated.
(vi) The wheels shall not be removed from the mobile home.
(vii) The mobile home shall comply with chapter 19A of the county Code.
(viii) The bond will be released by the administrative official when the mobile home is
timely removed from the premises.
2. Watchman's quarters. A mobile home may be used as a watchman's quarters in the
AU district if approved as a special exception use.
3. Temporary sales office. A mobile home may be used as temporary sales office
subject as set forth in section 34-216.
c. Mobile home park, special exception use approval and permit required to establish. It shall
be unlawful for any person to own, operate, maintain or permit to be operated or
maintained, or to construct, increase by number of spaces or otherwise extend any mobile
home park unless such person shall first obtain a permit as a result of approval of the use
and of the site plan of such park after public hearing. Such park shall comply with the
approved plan and the provisions of this chapter and all other applicable state and county
regulations and laws in its development and maintenance. The provisions of this
subsection shall not apply to legal, existing mobile home parks nor to parks approved prior
to the effective date of this provision, but on which development has not commenced
except as provided in section 34-62. Anything to the contrary notwithstanding, mobile
homes, their porches, and other additions to mobile homes in mobile home parks in
existence prior to June 25, 1971, or which have been established subsequent to said date
pursuant to a vested rights determination, are permitted providing they conform to the
requirements of the original approval.
d. Site plan details, time limit for commencement, platting.
1. The site to be submitted for approval at public hearing shall be complete and properly
identified and drawn to scale clearly showing compliance with the standards
hereinafter mentioned, including, but not limited to, the area and boundary dimensions
of the mobile home park, layout and sizes of mobile home spaces (typical
arrangement on larger scale of mobile home, its appurtenances, attachments and
space), location of commercial and service buildings and uses, location of signs,
parking spaces, streets, both private and public, walkways, open space areas of all
kinds, walls, fences, garbage collection points, if any, and community storage
buildings, if any, and all other buildings and structures, areas to be reserved for travel
trailers, if any, entrance features and signs thereon, and including general
landscaping plan showing grassed areas, and location, size and type of hedges,
shrubs, trees, and other landscaping. The plan shall also include a legend listing the
overall acreage, gross and net density, percentage and area of open spaces by types,
number of spaces, coverage by permanent park buildings, parking spaces required
and provided, and estimated total population. Mobile home parks, as evidenced by the
site plan submitted, shall be arranged in an aesthetic residential manner, to be
achieved by variation in street patterns, with the clustering of spaces, cul-de-sacs and
curvilinear streets as suggested features, and including variation in block shapes and
in the arrangement of the mobile home spaces and mobile homes thereon.
2. The approval of the mobile home park use and the site plan, as detailed above, shall
expire within 18 months from the date of final resolution of approval unless
development is commenced within that period; provided, if the commencement of
development is not feasible in view of litigation involving the validity of the resolution
of approval, the said 18 month period shall not begin to run until final decision of the
court. This time limitation for commencement of development shall also apply to those
previously approved mobile home parks, and such time limitation for those previously
approved shall commence running from the effective date of this provision. For the
purpose of this commencement of development shall mean site improvement, if such
improvement and installation of facilities is progressively continued and completed
within a reasonable time under the circumstances. If development is terminated for a
period of six months the special exception and any permits issued for improvements
shall be abandoned and become null and void.
3. The site involved with the development of the mobile home park shall be platted, such
plat to include only exterior boundaries of park and all public dedications and
easements.
e. Minimum size for mobile home park. No mobile home park site shall contain less than 30
acres, including rights-of-way, nor have a frontage of less than 660 feet on dedicated right-
of-way except that these minimum requirements shall not apply to the expansion of an
existing park into adjacent and contiguous lands.
f. Minimum size for mobile home space and limitation of occupancy . The minimum size of 80
percent of the mobile home spaces in any park shall be 45 feet in width and 90 feet in
length, with variations of these dimensions being permitted if approved after special
exception hearing based on site plan submitted, provided that such variations shall not
reduce the area of the space below 4,050 square feet; and ten percent of the total number
of spaces to be provided may not be less than 3,200 square feet and the remaining ten
percent may not be less than 3,600 square feet. Only one mobile home, occupied by only
one family, shall be placed on any one space.
g. Minimum area for common open space. A minimum of 500 net square feet shall be
devoted to common open space for each mobile home space in the mobile home park.
Such open space shall be comprised of playgrounds, recreation areas, landscaped parks
or greenways as included in the site plan approval, but shall not include the required
landscaped perimeter buffer areas, parking courts, streets, utility, service or commercial
areas, or lake, lagoon and canal areas. Such common open space is to be so located that
the different areas of the mobile home community will be logically and conveniently served
and benefitted by such open space. The provisions of subsection (31)f of this section shall
be adjusted, if desired by the applicant, in order to obtain up to 7.5 mobile home spaces
per gross acre.
h. Minimum yard areas (setbacks) for mobile homes on mobile home space.
1. A setback for mobile homes of at least five feet from both sides of the mobile home
space, at least 7½ feet from the rear line of the space, and at least 12½ feet
(excluding hitch) from the front line of the space (adjacent to the access road) shall be
provided; provided that any porch or other addition to the mobile home will be
regarded as a part of the mobile home for the purpose of setbacks and spacing, and
further provided that no mobile home or additions thereto shall be located closer than
15 feet to any other mobile home or any of its habitable additions, and ten feet from
any other structure or addition.
2. Mobile homes, their porches and other additions to mobile homes existing prior to
June 25, 1971, or which have been established subsequent to said date pursuant to
subsection (31)c of this section shall comply with the following requirements:
(i) No porch, other addition, or awning shall be constructed within ten feet of another
mobile home, addition, porch, awning, or other structure or building.
(ii) No part of a mobile home, including but not limited to its porch, wall, or awning
column shall be closer than five feet to the limits of a mobile home site.
(iii) In no event shall the wall or supporting columns of any additions extend more
than ten feet from the limits of the mobile home to which it pertains.
(iv) No eave, or overhang, or roof of a mobile home addition shall extend beyond the
wall or column more than one foot.
(v) No porch shall exceed eight feet in height at the eave except that this height
limitation shall not prevent the use of a portable canvas shelter over the roof of
the mobile home.
(vi) Only one porch shall be permitted to a mobile home.
(vii) A building permit shall be obtained from the city before any construction is begun
on a porch addition. Accompanying the application for a building permit shall be
an accurate plot plan showing size of porch and distances to mobile home site
boundaries and to adjacent mobile homes, mobile home porch additions, and
other structures or buildings.
(viii) A variation to these setback provisions may be permitted if approved after a
special exception hearing based on site plan submitted, these variations to
permit flexibility of design and layout that will still conform to the purpose and
intent of this article.
i. Minimum setbacks of mobile home spaces from property line of park; landscaping and
maintenance of setbacks.
1. A minimum 25-foot landscaped buffer area shall be provided and maintained along
and extending inward from the property lines of the park which are adjacent to other
private property; 17½ feet along property lines adjacent to rights-of-way of less than
70 feet in planned width; and 35 feet along property lines adjacent to rights-of-way of
70 feet or more in planned width.
2. The buffer area shall be completely landscaped with a balanced arrangement of
ground cover, shrubs, vines, hedges and trees or other landscape features such as
walls, fences and berms, or a combination of any of the above items in accordance
with article XIV of this chapter.
3. Those buffer areas adjacent to other private properties shall be designed to provide at
least 75 percent visual barrier, after two years growth along the entire such property
line. Buffer areas adjacent to public rights-of-way shall be designed to provide at least
50 percent visual barrier, after two years growth along the entire such property line.
Plant material and other such landscape features shall be arranged in such a way so
as to prevent vehicular access through, or parking in, such buffer areas. Additional
requirements shall be as provided in article.
4. Plant materials used shall conform in definition, quality, and size when planted, to the
provisions of article XIV of this chapter for each type of plant, except that trees shall
be a minimum of seven feet tall by 3.5-foot spread when planted. This minimum size
tree shall be placed 75 feet on center. Additional smaller trees can be planted as part
of the required landscaping.
5. Plants shall be spaced to provide the required visual screen within a two year growing
period.
6. Planting at street intersections of any vehicular or pedestrian exits shall be done in
accordance with the safety standards specified in article XIV of this chapter to prevent
visual obstructions along street rights-of-way.
7. All plant material shall be installed in accordance with good planting practices to
ensure the survival and healthy growth of the plants. The buffer area shall be
maintained in accordance with good landscape maintenance practices, including
installation and use of sprinklers, to insure the good health and appearance of all
planted material. Landscaping and trees shall be provided in accordance with article
XIV of this chapter.
j. Utilities and services.
1. All mobile homes shall be connected to public water and sewer lines (unless
temporary package sewage disposal plants and water treatment plants are approved
by the pollution control officer and public health department). All telephone and TV
cables, if any, and all electrical cables and lines shall be installed underground.
2. Necessary access and turnarounds with a minimum turning radius of 66 feet for
firefighting, garbage and waste collection and other service vehicular equipment shall
be provided. Any private dead-end access way of more than 200 feet in length shall
have a cul-de-sac at the dead end with a minimum turn radius of 66 feet.
3. Garbage and waste collection areas shall be screened by hedges or decorative walls
and shall be placed in locations as approved by the department of solid waste
management for the convenience of collection and for sanitation purposes. Such
requirements shall not apply to garbage receptacles at individual mobile home
spaces.
4. Area lighting shall be designed to produce a minimum of one-tenth footcandle
throughout the street system and public use areas. Potentially hazardous locations
such as, but not limited to, major street intersections and steps or pedestrian ramps
shall be individually illuminated with a minimum of three-tenths footcandle with no
greater footcandle differential than five to one between adjacent areas.
k. Mobile home park firefighting equipment. Fire-fighting equipment, in accordance with
chapter 38 of the Miami-Dade County Fire Prevention and Safety Code in number, type
and location of such equipment shall be provided and maintained by the park operator.
l. Off-street parking. Common parking lots shall be screened by properly maintained hedges
or decorative walls of a minimum height of four feet except for necessary entrances and
exits.
m. Streets and sidewalks; widths and specifications.
1. Private interior roads shall have a minimum right-of-way width of 25 feet, with a
minimum width of 20 feet of pavement for two-way traffic and 20 foot minimum right-
of-way width with a minimum of 12 feet of pavement for one-way traffic. Roads shall
be constructed to conform to county specifications for residential streets.
2. Off-street pedestrian and bike paths should be constructed to provide safe access to
recreational and other service areas when access to such areas can only be reached
by way of collector streets. These off-street pathways shall be paved with an all-
weather hard-surfaced material.
n. Marking of mobile home spaces and streets. Each mobile home space shall be clearly
marked with permanent ground corner stakes or markers. Each space shall be numbered
consecutively and general park directional signs shall be placed in appropriate locations so
all spaces can be located expeditiously by visitors and public service personnel.
o. Paved patios. Patios, where provided, shall be of concrete and shall be at least 100 square
feet in area.
p. Provisions for storage of furniture and equipment . No outside storage shall be permitted,
except lawn furniture, and if storage is made buildings shall be provided therefore. If a
storage building is placed on a mobile home space it shall be of metal construction,
conforming to code requirements, erected under permit and shall be placed no closer than
15 feet to any mobile home or habitable addition thereto located on another space, and ten
feet from any other structure or addition.
q. Additions. Additions to mobile homes consisting of metal porch and patio covers, cabana
rooms, screen enclosures and storage rooms shall be permitted subject to obtaining
building permit and subject to such installations conforming to the applicable provisions of
the Florida Building Code. Such structures shall be dismantable.
r. Skirting at base of mobile home unit. Skirting or other design attachments must be installed
by mobile home owner and must harmonize with the architectural style of the mobile home.
Decorative masonry and fencing may be permitted in lieu of skirting at the base of the unit.
s. Commercial and other service uses. No part of the park shall be used for commercial
purposes except such uses as are required for servicing the park residents, and such uses
shall be located at least 200 feet from any perimeter boundary line of the park. Such
"servicing uses" may include NC type business uses, launderettes, day nurseries, and
mobile home model display areas for sales or rental purposes, provided each displayed
mobile home shall be on an approved individual mobile home space. Such commercial and
service uses shall be established only when shown on the site plan which has been
approved after public hearing. Such commercial and service uses will not require a change
of zoning district, and shall be so located that the residents of the park are properly served.
t. Visibility clearance at intersections. The visibility at roadway intersections within the park or
at entrances or exits of the park shall not be obstructed by any growth or installation.
Visibility clearance shall comply with the standards of the public works department.
u. Placement and type of structure and buildings. No building or structure, except recreational
buildings and community storage buildings which are approved as to location in the
approval of the site plan, and except individually owned metal storage buildings, walls,
fences, and entrance features, shall be placed within 200 feet of the perimeter boundary of
the mobile home park.
v. Mobile home park and mobile home construction standards. All mobile homes installed
after the effective date of this article shall conform to the Standard for Mobile Homes,
United States of America Standards Institute, A119.1 (1969) for hurricane and windstorm
resistive mobile homes in regard to materials, products, equipment, workmanship and
design. In addition, the minimum requirement as to mobile home and mobile home parks
as required by other applicable codes shall govern. A manufacturer's certificate shall be
posted in the mobile home certifying that the requirements of USASI A119.1 (1969) have
been complied with before such mobile home shall be located for occupancy in the city.
w. Responsibility for compliance. The owner and operator of a mobile home park shall be
responsible for compliance with all applicable conditions, provision, laws and regulations
affecting the mobile home park or any mobile homes or trailers parked there. The owner
and operator shall notify the tenant of a space of any violations created by such tenant. If
the tenant fails to correct violations existing in connection with his mobile home or mobile
home space, the owner and operator shall notify the planning and zoning department of
such violations and shall initiate appropriate action to have the violations corrected.
Compliance with this chapter is the responsibility of the tenant, park operator and park
owner.
x. Posting regulations in mobile home park. Owners and operators of mobile home parks
shall acquaint all tenants with the provisions of this subsection and all other applicable
regulations by posting suitable notice in prominent locations throughout the mobile home
park concerned.
y. Maintenance provision. Mobile home parks shall be developed and maintained in
accordance with the approved plan and in accordance with applicable conditions and
regulations and shall be operated in such a manner as to not be detrimental to the adjacent
properties and neighborhood and this condition shall be made a condition of the approving
resolution.
(32) Parking garages.
a. Shall maintain same setbacks as accessory structures.
b. Are exempt from a lot coverage percentage size limitation.
c. Shall be designed and constructed in compliance with the design standards set forth in
section 34-416.
(3233) Places of assembly. Places of assembly are subject to the following standards:
a. Minimum lot area: one-half net acre2 acres.
b. Minimum spacing of principal building from residentially zoned property: 50 feet; 75 feet
spacing from a residential building.
c. Exception. Places of assembly in the EO, Entertainment Overlay District shall be subject to
the following standards:
1. Freestanding places of assembly shall have a mMinimum building size of lot area of
two gross acres and 15,000 square feet of gross floor area required. minimum.
2. Multi-tenant/use buildings shall be limited to establishing up to three places of
assembly where the total square footage devoted to such places of assembly uses
does not exceed 25 percent of the total gross building area; except that in buildings
with greater than 100,000 square feet of gross building area more than three places of
assembly may be established providing that the total square footage devoted to such
use does not exceed 25 percent of the gross building area.
3.Distribution for the needy. Distribution of food, clothing or other items for the needy is
prohibited. Distribution for the needy means a fixed location for a temporary period of
time where distribution of clothing, prepared or unprepared food, or other essential
items to persons occurs, whether consumed on premises or not.
(3334) Farmer's market.
a. Permit. A valid permit Business Tax Receipt (BTR) and Certificate of Use (CU) shall be
obtained from the cCity in order to operate a farmer's market. Permits shall be valid for six
months. Permit fees shall be established by a resolution of the city council.
1. The city, through its administrative official, reserves the right to refuse to issue or
revoke any permit granted herein, in the event a determination is made that the
permittee(s) has not complied with any of the rules or regulations provided herein, has
violated any of the city's Code and ordinances, or if it is deemed to be in the best
interest of the city and its residents. Any such violations of the rules and regulations
provided for herein shall immediately deem the permit revoked.
2. The city shall also have the immediate right, through the Miami Gardens Police
Department, to close any establishment that has been granted a permit and the
permittee(s) release both the city and the Miami Gardens Police Department from any
and all liability with respect to that matter.
b. Location. Farmer's markets may only be permitted on properties developed with
nonresidential uses, with minimum site area of 20 four (4) acres or more; the administrative
official shall have sole discretion to disapprove a property for the establishment of a
farmer's market if it is determined that the impacts of the use would be detrimental to the
surrounding properties and not beneficial to the health and welfare of the city.
c. Hours. Farmer's markets shall only operate during the hours of 8:00 a.m. to 4:00 p.m.
Saturdays and Sundays and legal national holidays.
d. Exception. City-initiated farmer's markets located on either public property or private
property are exempt from the terms of this article so long as they are on city-owned
property.
(3435) Retail—Home improvement, building materials. Home improvement centers, subject to
the following conditions:
a. A home improvement center may perform customer-requested cutting of pre-cut wood
products and other products offered for sale, provided such cutting is done within the
roofed area of the principal building.
b. Lawn, garden and pool supplies may also be stored, displayed and sold from attached
areas with or without a solid roof, subject to the following limitations:
1. Such storage, display and sales areas does not exceed 35 percent of the home
improvement center's gross building floor area; and
2. All such storage, display and sales areas must be enclosed by a solid masonry wall or
ornamental metal picket fence or combination thereof, a minimum of eight feet in
height. The items stored within these areas shall not exceed the height of the wall or
metal picket fence. Openings for ingress and egress purposes, restricted to the
narrowest width necessary, are permitted, subject to site plan review; and
3. Setbacks required for the principal building shall apply to all storage, display and sales
areas; and
c. The rental of trucks for the convenience of customers purchasing items only shall be
permitted at home improvement centers with greater than 100,000 square feet of gross
floor area, subject to the following limitations:
1. The total number of trucks available for rental shall not exceed five;
2. The location of storage areas for rental trucks shall be subject to site plan review;
3. Storage areas for rental trucks shall not utilize any of the facility's minimum required
parking spaces; and
4. No repairs or maintenance of rental trucks shall take place on the premises.
d. Loading dock facilities for the purpose of supplying the home improvement center shall be
oriented away from adjacent residential zoning districts unless screened from view by a
masonry wall of not less than six feet in height but not more than eight feet in height.
(3536) Microbrewery.
a. Microbrewery shall be permitted only in conjunction with a restaurant.
b. Microbrewery shall be exempt from distance requirements for sale of alcoholic beverages.
c. All manufacturing or processing shall be conducted completely within enclosed buildings.
d. No more than 75 percent of the gross floor area shall be used for the brewery function
including, but not limited to, brewhouse or equivalent, laboratories, boiling and water
treatment areas, bottling, canning and kegging lines, malt and milling storage, fermentation
tanks, conditioning tanks and serving tanks.
e. No outdoor storage shall be permitted including, but not limited to, spent or used grain,
portable storage units, cargo containers, tractor trailers.
(3637) Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria. Subject to standards
for sale of alcoholic beverages as set forth in article V and section 34-598 of this chapter.
(3738) Self-service storage facility. In addition to when a special exception use approval is
required, the following shall be complied with:
a. Unit size. Individual storage units shall be no greater than 400 square feet and an interior
height not to exceed 12 feet. No business or business activity, and no wholesale or retail
sales are permitted in an individual storage area within a self-service mini-warehouse
storage facility.
b. Truck rental. Ancillary rentals of trucks other than light trucks are permitted in conjunction
with a self-service mini-warehouse storage facility, providing such facility is situated on a
site containing not less than 2.5 gross acres, subject to compliance with the following
requirements:
1. That a decorative masonry wall at least eight feet in height shall enclose the rental
truck storage area;
2. There shall be a landscaped buffer between the masonry wall and any abutting roads,
which may be a hedge, and/or trees at least 48 inches high at the time of planting, or
other reasonable landscape plans acceptable to the department;
3. That there be no rental of any truck having a net vehicle weight exceeding 12,600
pounds;
4. That for each 100 self-storage units or fraction thereof, there shall be no more than
two rental trucks stored, e.g., 1—100 units: two rental trucks; 101—200 units; four
rental trucks, etc.; provided, however, no more than ten rental trucks may be stored
on the premises;
5. That no loading or unloading of trucks is permitted outside the enclosed area and all
trucks must be stored inside the enclosed area at all times; and
6. That there shall be no repairs or maintenance work on the rental trucks on the
premises of the self-service mini-warehouse storage facility.
c. Use of bays . Use of storage bays shall be limited to storage of personal goods. Storage
bays shall not be used to manufacture, fabricate or process goods; service or repair
vehicles, boats, small engines or electrical equipment, or to conduct similar repair
activities; conduct garage sales or retail sales of any kind; or conduct any other commercial
or industrial activity on the site. Individual storage bays or private postal boxes within a
self-service storage facility use shall not be considered premises for the purpose of
assigning a legal address in order to obtain an occupational license or other governmental
permit or license to do business nor as a legal address for residential purposes. Violation
of this subsection shall cause revocation of any license or permit obtained to conduct such
activity.
d. Outside storage . Except as provided in this subsection, all property stored in the area
devoted to a self-service storage facility use shall be entirely within enclosed buildings.
Open storage of recreational vehicles and dry storage of pleasure boats of the type
customarily maintained by persons for their personal use shall be permitted within a self-
service storage facility use, provided that the following standards are met.
1. Location . The storage shall occur only within a designated area. The designated area
shall be clearly delineated on the an approved site plan.
2. Lot area . The storage area shall not exceed 25 percent of the lot area unless
approved by the city council. In no case shall the storage area exceed 50 percent of
the lot area.
3. Screening . The storage area shall be entirely screened from view from adjacent
residential areas and public roads by a building or by installation of an eight-foot high
wall. Additional landscape screening may be required by the administrative official.
4. Setbacks . Storage shall not occur within the area set aside for minimum building
setbacks.
5. Boats . Pleasure boats stored on the site shall be placed and maintained upon
wheeled trailers.
6. Dry stacking. No dry stacking of boats shall be permitted on site.
7. Vehicular maintenance . No vehicle maintenance, washing or repair shall be permitted
in a self-storage facility.
(3839) Sewage lift or pumping station. Shall comply with the following:
a. Stations and accessory structures including generators in connection with such stations
are required by the county water and sewer department or other service providers as a
condition of service;
b.Stations and accessory structures including generators in connection with such stations
are located and required to serve developments within the urban development boundary
(UDB) as indicated on the comprehensive development master land use plan map (LUP);
cb. A landscape plan for such stations has been shall be submitted to and approved by the
administrative official as deemed appropriate to include the following; indicating hedges:
1. Hedges aA minimum of three feet in height when measured immediately after
planting; and
2. Hedges shall be Pplanted and maintained to form a visual screen around the site
within one year after the time of planting, except that openings shall be required for
providing adequate ingress, egress, and maintenance to the site for the purpose of
maintaining said stations and accessory structures.
dc. All fencing is to be provided on site in accordance with the requirements of section 34-446.
e. Additionally, where the requirements of this have been met, lift stations and pumping
stations, including generators and any other structures necessary to their operation, may
be placed upon a site without regard to lot width, lot area, lot coverage or setback
requirements established in this chapter for the applicable zoning district.
(3940) Salvage yard, junkyard.
a. Junkyards shall be surrounded by a solid wall eight feet high, and this wall shall be of
C.B.S. construction and painted and maintained in order to present a good appearance.
b.In lieu of a C.B.S. wall, an eight-foot high cyclone-wire type fence with top rail may be
substituted, such wire fence to be interwoven with wooden, metal or plastic strips to create
a solid screening site barrier. If wire fencing is used, a two-foot concrete (on footing) or
heavy sheet metal curb (imbedded at least two feet in the ground) shall be placed
immediately adjacent to and inside such fence to prevent runoff of oil, transmission fluid
and other contaminants onto adjacent properties or into adjacent waterways that may
result from junking operations.
c.Whether a C.B.S. or interwoven cyclone-wire fence is used, all gates shall be of the
cyclone-wire type, interwoven with wooden, metal or plastic slats in order to screen the
interior of the yard when the gates are closed.
d. In addition, whether a fence or wall encloses the junkyard, A landscape plan shall be
submitted for approval to include an appropriate hedge made up of native tree or plant
species such as southern red cedar or other species approved by the department shall or
plant species to be planted outside the walls or fences, such tree or plant species to be not
less than four feet in height at a minimum height of five (5) feet at the time of planting, five
feet on the center and 2½ feet from the wall or hedge. In no event shall the junk or scrap
be piled higher than the wall or fence unless the hedge around the entire site grows above
the wall or fence and forms a solid screen; in that event, the scrap or junk may be piled up
to the height of the hedge.
e.All existing junk and scrap yards shall be made to comply to all of the foregoing
requirements within a period of two years from the effective date of the subsection and if
not so made to comply, they shall be removed and the use discontinued.
(4041) Residential, single-family, detached; residential, two-family, duplex; residential,
townhouse; multifamily, mixed use.
a. All development shall be on platted lots in accordance to article VII of this chapter.
b. Individual duplex and townhouse units shall be developed on individually platted lots.
c. Townhouse developments shall have a minimum building grouping of three units up to a
maximum of six units per grouping.
d. Unless otherwise permitted, only use as a one-family residence, including every customary
use not inconsistent therewith, including a private garage, shall be permitted. For duplex,
townhouse, and multifamily structures, the terms "structure" and "dwelling" as used herein
shall apply as to each unit.
e. Prima facie evidence of illegal multiple use or illegal subdivision of a residence. It shall be
presumed that a multifamily use has been established when one or more of the following
conditions are observed:
1. There are two or more electrical, water gas or other types of utility meters, or
mailboxes on the premises.
2. There is evidence of a liquid propane (LP) gas tank installed in an unauthorized
detached structure on the premises.
3. There is more than one cooking area in the primary structure.
4. All living areas within the dwelling are not logically interconnected.
5. Rooms with separate outside entrance that can be logically partitioned to be exclusive
of all other living areas of the residence.
6. Multiple paved numbered parking spaces.
7. An unauthorized detached building with air conditioning, or interior cooking areas or
utility meters.
8. There is more than one different house address unit number posted on the premises.
9. An advertisement indicating the availability of more than one living unit on the
premises.
10. An unpermitted exterior door.
11. A second kitchen or facilities for cooking provided not exclusively for servant use or
religious purposes.
f. The presumption may be rebutted by the property owner with the submission of a valid
building permit of record and with a current floor plan prepared by an engineer or architect,
surveying the residence and accessory structures and showing all rooms are
interconnected as a single-family dwelling accompanied by a notarized affidavit from the
property owner attesting that the residence or accessory structure is being maintained for
single-family occupancy and/or substantiated by an interior inspection of the dwelling by a
compliance officer. If the compliance officer is able to enter the interior of the property and
verify its use as a single-family dwelling, and property is constructed in accordance with
building permit of record, the property owner is exempt from the submission of a current
plan.
g. If it is found that adequate evidence of an illegal multiple use or illegal subdivision of a unit
has occurred it shall be considered a violation of this chapter.
h. Nothing contained in this section shall prevent the enforcement actions authorized by this
Code independent of this subsection.
(4142) Urban agricultural gardens. In addition to requiring a special exception use approval the
following standards shall be complied with:
a. Lot size. The minimum lot size shall be 10,000 square feet up to a maximum size of not to
exceed two acres.
b. Accessory structures. Accessory structures shall be limited to 400 square feet.
c. Setbacks. All activities shall maintain a setback of five feet from all property lines adjacent
to residentially zoned land. Accessory structures shall meet the setbacks of the underlying
district.
d. Use. Retail or wholesale sale of vegetables or other agricultural products is prohibited.
e. Equipment. Use of heavy equipment shall be prohibited.
f. Spraying. Aerial application of fertilizer or pesticides shall be prohibited.
g. Parking. A minimum of four parking spaces shall be provided in accordance with article.
Overnight parking shall be prohibited.
h. Loading. All loading and unloading activities shall be restricted the site and shall not
encroach into any setbacks.
i. Storage. Outdoor storage shall be prohibited. Storage of all accessory equipment or
products shall be contained within the accessory structure.
(4243) Wireless supported service facilities, including antenna support structures. This
subsection provides for the establishment of additional criteria for hearing and granting a special
exception use to allow a wireless supported service facility, including antenna support
structures. In considering any application for approval hereunder, the zoning appeals board
shall consider the same subject to approval of a site plan or such other plans as necessary to
demonstrate compliance with the standards herein.
a. Purpose. The purpose of this subsection is to create objective standards to regulate
wireless supported service facilities, including antenna support structures. Upon
demonstration at public hearing that a zoning application for a wireless supported service
facility, including antenna support structures is in compliance with the standards herein and
the underlying district regulations and does not contravene the enumerated public interest
standards established herein, the wireless supported service facility, including any antenna
support structure, shall be approved.
b. General standards .
1. The approval of the wireless support facility shall not cause the subject property to fail
to comply with any portion of this chapter or the comprehensive development master
plan.
2. The proposed antenna support structure and related equipment shall comply with the
underlying zoning district standard lot coverage regulations.
3. The proposed antenna support structure shall not involve any outdoor lighting fixture
that casts light on the adjoining parcel of land at an intensity greater than that
permitted by section 34-417, unless providing safety lighting as required by FCC or
FAA regulations.
4. A antenna support structure 100 feet in height or less, shall be setback from the
property line of any existing residential dwelling, and the property line of the nearest
residentially zoned property located on a contiguous or adjacent parcel of land under
different ownership, a distance equal to 110 percent of the height of the antenna
support structure.
5. An antenna support structure exceeding 100 feet in height shall be setback a
minimum of 200 feet from the property line of any existing residential dwelling, and the
property line of the nearest residentially zoned property located on a contiguous or
adjacent parcel of land under different ownership, unless the antenna support
structure itself, excluding any antennas attached thereto for the purposes of wireless
communication, is otherwise substantially visually obscured by an intervening
structure or landscaping (i.e., wall, building, trees etc.) in which case setback shall be
equal to a minimum of 110 percent of the height of the antenna support structure.
6. A survey, site plan or line of sight analysis illustrating this condition shall be provided
by the applicant.
7. The proposed wireless supported service facility shall provide adequate parking and
loading and provide ingress and egress so that vehicles servicing the facility will not
block vehicular and pedestrian traffic on abutting streets.
8. The applicant's proposed antenna support structure associated with the proposed
wireless supported service facility shall be designed in such a manner that in the
event of a structural failure, the failed portion of the antenna support structure shall be
totally contained within the parent tract.
9. Proposed fences have the "unfinished" side, if any, directed inward toward the center
of the leased parcel proposed for installation of the antenna support structure and
related equipment.
10. Proposed fences will be constructed of durable materials and will not be comprised of
chain link or other wire mesh, unless located in an AU district.
11. In the event a wall is used to screen the base of a non-camouflaged antenna support
structure or the equipment building structure, the wall shall be articulated to avoid the
appearance of a "blank wall" when viewed from the adjoining property residentially
zoned and developed under different ownership. In an effort to prevent graffiti
vandalism, the following options shall be utilized for walls abutting zoned or dedicated
rights-of-way: The wall shall be setback 2.5 feet from the right-of-way line and the
resulting setback area shall contain a continuous extensively landscaped buffer which
must be maintained in a good healthy condition by the property owner, or where
applicable, by the condominium, homeowners or similar association. The landscape
buffer shall contain one or more of the following planting materials:
(i) Shrubs. Shrubs shall be a minimum of three feet in height when measured
immediately after planting and shall be planted and maintained to form a
continuous, unbroken, solid, visual screen within one year after time of planting.
(ii) Hedges. Hedges shall be a minimum of three feet in height when measured
immediately after planting and shall be planted and maintained to form a
continuous, unbroken, solid, visual screen within one year after time of planting.
(iii) Vines. Climbing vines shall be a minimum of 36 inches in height immediately
after planting.
(iv) Metal picket fence. Where a metal picket fence in lieu of a decorative wall,
minimum landscaping in accordance with this subsection shall be required.
c. Health and safety standards.
1. The proposed wireless support service facility shall not block vehicular or pedestrian
traffic on adjacent uses or properties.
2. The proposed wireless supported service facility shall be accessible to permit entry
onto the property by fire, police and emergency services.
3. The proposed wireless supported service facility shall comply with any applicable the
county aviation requirements.
4. Safe sight distance triangles are maintained pursuant to section 34-446.
d. Environmental standards.
1. The proposed antenna support structure and related equipment shall not result in the
destruction of trees that have a diameter at breast height of greater than ten inches,
unless the trees are among those listed in city's landscape manual as an invasive
species.
2. The proposed wireless supported service facility shall not be located in an officially
designated natural forest community.
3. The proposed wireless supported service facility shall not be located in an officially
designated wildlife preserve.
4. The applicant shall submit an environmental impact study prepared by a licensed
environmental firm that the proposed wireless supported service facility will not affect
endangered or threatened species or designated critical habitats as determined by the
Endangered Species Act of 1974; and that the facility will not have a substantial
deleterious impact on wildlife or protected plant species.
5. The applicant shall submit a historical analysis prepared by a professional cultural
specialist that the proposed wireless supported service facility shall not affect districts,
sites, buildings, structures or objects of American history, architecture, archeology,
engineering or culture, that are listed in the National Register of Historic Places or
applicable city, county or state historic preservation regulations.
6. The proposed wireless supported service facility shall not be located on a Native
American religious site.
e. Necessity standards.
1. The applicant shall establish that there are no available existing wireless supported
service facilities or buildings within the prospective provider's search area suitable for
the installation of the provider's proposed Antennas due to one or more of the
following circumstances:
(i) Existing wireless supporting service facilities or buildings within the search area
have insufficient structural capacity to support the proposed antennas and
related equipment;
(ii) Existing wireless supported service facilities or buildings within the search area
are not of sufficient height to resolve the lack of wireless service coverage or
capacity in the area intended to be served by the proposed wireless supported
service facility or to cure the signal interference problem in that area;
(iii) The proposed antenna would cause radio frequency interference or other signal
interference problems with existing wireless supported service facilities or
buildings, or the antenna on the existing wireless supported service facilities or
buildings may cause signal interference with the provider's proposed wireless
supported service facility; or
(iv) The owner of an existing building or wireless supported service facility located
within the provider's search area that has existing height and structural capacity
and would otherwise resolve the lack of wireless service coverage, a deficiency
in capacity or signal interference problems, has rejected the provider's
reasonable attempts to locate its wireless supported service facility on its building
or facility;
(v) The applicant shall provide evidence of one or more criteria listed above with an
affidavit from a radio frequency engineer, structural engineer, owner or
authorized provider's representative acceptable to the planning and zoning
department, as applicable. For purposes of this subsection, search area shall
mean the geographic area within which the provider can demonstrate that the
wireless supported service facility must be located in order to resolve the lack of
wireless service coverage, a deficiency in capacity or signal interference
problems.
2. The applicant shall demonstrate that the proposed wireless supported service facility
will cure:
(i) Signal interference problems; or
(ii) A total lack of wireless service coverage or capacity among all providers in the
area intended to be served by the proposed wireless supported service facility;
(iii) Will allow its customers to make and maintain wireless calls on a reliable basis
as defined by the provider's quality criteria; and
(iv) The applicant shall provide information to permit independent verification of
factual data relied upon by the applicant to establish subsection (41)e.2 of this
section, including, but not limited to, the following:
A. The purpose for the proposed wireless supported service facility; and
B. The following technical data for the proposed wireless supported service
facility and for each existing, authorized, pending and proposed adjacent
facility:
i. Site name or other reference;
ii. Facility latitude and longitude;
iii. Site elevation;
3. For each antenna at each of the included facilities:
(i) Height of antenna radiation center;
(ii) Antenna type and manufacturer;
(iii) Maximum effective radiated output power, including the maximum total power
radiated from all channels;
(iv) Azimuth of main antenna lobe; and
(v) Beam tilt and null-fill of each antenna.
4. A complete up- and down-link power budget for the proposed wireless supported
service facility, including any differences that may exist with the power budgets of the
adjacent facilities, to ensure that all of the gain and loss factors used by the applicant
are included in a verification analysis;
5. Complete descriptions of methodology, formulas, data presented in appropriate
parameter data units (e.g., Erlangs, Watts, dBm, ft.), existing traffic studies and trend
analyses if the proposed facility is intended to cure a lack of capacity, and any other
information necessary for an independent engineer to verify statements concerning
signal interference or lack of capacity or coverage; and
6. Identification of any equipment that differs from industry standards;
7. The applicant shall reimburse the department for fees charged to the department for
independent verification of factual data relied upon by the applicant, as required
pursuant to above.
f. Mitigation standards.
1. A non-camouflaged antenna support structure or equipment building shall be located
so that it does not obscure, in whole or in part, an existing view to any historically
designated landmark, natural area, or natural water body (i.e., river, lake, ocean) from
any residentially zoned property under different ownership.
2. Existing landscaping, vegetation, trees, intervening buildings or permanent structures
shall be utilized to the maximum extent possible to obscure the view of the non-
camouflaged antenna support structure from public right-of-way or residentially zoned
property.
3. Any proposed antenna support structure shall be designed to accommodate the
collocation of at least two providers.
4. All new non-camouflaged antenna support structures approved at public hearing after
the effective date of this subsection, when exceeding 125 feet in height, must be
structurally designed to accommodate at least three providers.
5. To minimize visual impact in all cases, new or reconstructed antenna support
structures shall:
(i) If non-camouflaged, utilize non-reflective galvanized finish or coloration to blend
in with the natural environment unless Federal Aviation Administration painting or
markings are otherwise required. The part of the antenna support structure that is
viewed against the sky and all antennas attached thereto shall be a single color,
either light gray or similar neutral color; the part of the antenna support structure
and all antennas not viewed against the sky shall also be colored to blend with its
surrounding background and harmonize with the color of existing structures or
vegetation, as applicable;
(ii) Be designed to preserve all vegetation to the maximum extent feasible to
mitigate visual impact and create a buffer that harmonizes with the elements and
characteristics of the existing parcel on which the wireless support service facility
is located and adjacent properties; and
(iii) Shall be designed to be harmonious with the architectural elements of the
surrounding structures, such as bulk, massing and scale of surrounding
properties; or be designed to blend and be harmonious with the principal
structure on the property on which the antenna support structure is proposed to
be constructed and installed.
6. A camouflaged antenna support structure shall be designed as an artificial tree or to
serve a purpose other than supporting antennas (i.e., lighting of sports facilities,
transmission of electrical and/or telephone lines, flagpoles).
7. To reduce the visual impact, an antenna support structure readily observable from
residentially zoned districts located within the immediate vicinity of the leased parcel
shall be a camouflaged antenna support structure, unless the provider can
demonstrate that an antenna support structure of a monopole type would be less
visually obtrusive or would reduce proliferation of additional antenna support
structures within the immediate vicinity of the search area of the leased parcel and
thus reduce the cumulative visual impact caused by future additional antenna support
structures in the immediate vicinity. In all cases, antenna support structures of the
guyed wire or self-supporting lattice type for the purposes of providing wireless
telecommunications services only, shall be prohibited within the immediate vicinity of
all existing residentially zoned districts and residential structures, except that the
parent tract of the application property site may contain a residential structure.
8. If a non-camouflaged antenna support structure cannot be readily observed from
residentially zoned property located within the immediate vicinity of the leased parcel,
strongest support shall be given in the following order from most preferred to least
preferred antenna support structure type: existing antenna support structures, existing
buildings or structures, monopole, lattice or self-supporting or, guyed wire.
9. The architectural design, scale, mass, color, texture and building materials of any
proposed equipment building structure shall be aesthetically harmonious with that of
other existing or proposed structures or buildings on the parent and leased tracts and
in the immediate vicinity.
10. The accessory wireless equipment building used in conjunction with the proposed
wireless supported service facility shall be designed to mitigate visual impact and be
comparable with the scale and character of the existing structures on the subject
property and in the immediate vicinity, or blend into natural surrounding vegetation or
buildings through the use of color, building materials, textures, fencing or landscaping
to minimize visibility from or otherwise make the appearance of the accessory
wireless equipment building the least visually obtrusive to adjacent uses and
properties, as well as pedestrian and vehicular traffic.
11. If an alternative site exists, or could be constructed, for the antenna support structure,
that would provide substantially lesser impact upon residentially zoned districts
located within the immediate vicinity of the proposed site and that would provide for a
substantially equivalent level of coverage, interference or capacity mitigation as what
the applicant demonstrated is necessary then the applicant shall locate the proposed
facility on the alternative site.
(43) Liquor package store. Shall comply with all licensing, spacing and other regulations set forth in
article V for sale of alcoholic beverages.
(44) Wholesale fireworks. The sale, distribution and manufacture shall comply with F.S. § 791.04, as
amended.
(45) Sparklers, retail. The sale, distribution and manufacture shall comply with F.S. § 791.015, as
amended.
(4644) Small wireless facility.
a. Purpose. It is the intent and purpose of the city to promote the public health, safety, and
welfare by providing for the placement and maintenance of communications facilities in the
public rights-of-way within the city; adopting and administering reasonable rules and
regulations consistent with state and federal law, including, but not limited to, F.S. §
337.401, as may be amended from time to time; the Communications Act of 1934, as
amended; and other state and federal laws; establishing reasonable rules and regulations
necessary to manage the placement or maintenance of communications facilities in public
rights-of-way by communications services providers; and minimizing disruption to the
public rights-of-way.
b. Permit application. A permit application to place a new or replace an existing small wireless
facility in public rights-of-way, as required by F.S. § 337.401(7) which may from time to
time be amended and is hereby incorporated by reference, shall include the following:
1. The location of the proposed small wireless facility, including a description of the
facilities to be installed, where the facilities are to be located, and the approximate
size of the facilities that will be located in public rights-of-way;
2. A description of the manner in which the proposed small wireless facility will be
installed (i.e. anticipated construction methods or techniques);
3. A maintenance of traffic plan for any disruption of the public rights-of-way, in
accordance with the standards promulgated by the Florida Department of
Transportation;
4. In order to assess the impact on right-of-way resources, effects on neighboring
properties, and potential for co-locations or repurposed structures, the registrant shall
provide information on the ability of the public rights-of-way to accommodate the
proposed facility, including information that identifies all above-ground and below
ground structures including, but not limited to, light poles, power poles, equipment
boxes, antennae, and underground water, sewer, electric and gas lines currently
existing in the public rights-of-way in the city within a 100-foot radius of the proposed
facility, if available (such information may be provided without certification as to
accuracy, to the extent obtained from other registrants with facilities in the public
rights-of-way). The 100-foot distance requirement may be modified if the city
manager, or designee, determines that the proposed location:
(i) Better serves the city's interests in safe, aesthetic, efficient and effective
management of the public rights-of-way; or
(ii) Will help minimize the total number of communication facilities necessary to
serve a particular area;
5. A timetable for construction of the project or each phase thereof, and the areas of the
city that will be affected;
6. Whether all or any portion of the proposed facilities will be rented, hired, leased,
sublet, or licensed from or to any third party and, if so, the identity, and contact
information of the third party;
7. If appropriate, given the facility proposed, a certified estimate of the cost of restoration
for the public rights-of-way, subject to approval by the city engineer or designee;
8. Such additional information as the city finds reasonably necessary, with respect to the
placement or maintenance of the communications facility that is the subject of the
permit application, to review such permit application.
Within 14 days after the date of filing an application, the city may request that the proposed
location of a small wireless facility be moved to another location in the right-of-way and
placed on an alternative city utility pole or support structure. The city may also request
changes to the esthetics of the proposed small wireless facility so as to make the design of
the facility consistent with the neighboring area surrounding the proposed facility, and to
ensure that any new utility pole must be substantially similar to existing utility poles within a
reasonable distance. The city and the applicant may, for up to 30 days after the date of the
request, negotiate the alternative location, including any objective design standards and
reasonable spacing requirements for ground-based equipment. If the alternative location
cannot be agreed upon by the parties, the applicant must notify the city and the city must
grant or deny the application within 90 days after the date the application was filed. The
request for an alternative location, an acceptance of an alternative location, or a rejection
of an alternative location must be in writing and provided by electronic mail.
c. Notice of transfer, sale, or assignment of assets in public rights-of-way.
1. If an applicant transfers, sells, or assigns its assets located in public rights-of-way
incident to a transfer, sale, or assignment of the registrant's assets, the transferee,
buyer, or assignee shall be obligated to comply with the terms of this section. Written
notice of any such transfer, sale, or assignment shall be provided by such applicant to
the city's public works department within 20 days after the effective closing date of the
transfer, sale, or assignment.
2. The city does not have the right to approve or deny applicants' asset transfers or
assignments to communications services providers operating at least one
communications facility within the city, and the failure to comply with this section does
not void any such asset transfer or assignment. The city reserves the right to exclude
persons or entities other than communications services providers or pass-through
providers from its rights-of-way. Transfers or assignments of a communications facility
to persons or entities other than a communications services provider or pass-through
provider who will operate at least one communications facility within the city requires
compliance with this section to insure continued use of the public rights-of-way.
d. Permit review.
1. Within 14 days after receiving an application, the city will determine and notify the
applicant by electronic mail whether the application is complete. If an application is
deemed incomplete, the city will specifically identify the missing information and allow
the applicant to submit the missing information. If the city fails to notify the applicant of
deficiencies within 14 days after receiving the application, the application will be
deemed complete.
2. The city will process all applications in the same manner. A complete application will
be deemed approved if the city fails to approve or deny the application within 60 days
of receipt. The application review period may be extended upon mutual agreement of
the parties.
3. A permit issued pursuant to an approved application shall remain effective for one
year unless extended by the city.
4. The city will notify the applicant of approval or denial by electronic mail. If the
application is denied, the city shall specify in writing the basis for denial, including the
specific code provisions on which the denial was based. An applicant may cure the
deficiencies and resubmit the application within 30 days after notice of the denial is
sent to the applicant. The city shall approve or deny the revised application within 30
days after receipt of the application shall be deemed approved.
5. The city may deny a proposed collocation of a small wireless facility in the public
rights-of-way if the proposed collocation:
i. Materially interferes with the safe operation of traffic control equipment.
ii. Materially interferes with sight lines or clear zones for transportation, pedestrians,
or public safety purposes.
iii. Materially interferes with compliance with the Americans with Disabilities Act or
similar federal or state standards regarding pedestrian access or movement.
iv. Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual.
v. Fails to comply with applicable codes.
e. Suspension of permits.
1. The city may suspend a permit for work in the public rights-of-way for one or more of
the following reasons:
i. Violation of permit conditions, including conditions set forth in the permit, this
division, or other applicable city ordinances, codes, or regulations governing
placement or maintenance of communications facilities in public rights-of-way;
ii. Misrepresentation or fraud by registrant in a registration or permit application to
the city;
iii. Failure to properly renew or ineffectiveness of the registration; or
iv. Failure to relocate or remove facilities as may be lawfully required by the city.
2. The public works director shall provide notice and an opportunity to cure any violation
of subsections (1) through (4) above, each of which shall be reasonable under the
circumstances.
f. Appeals. Final, written decisions of the public works director or designee suspending or
denying a permit, denying an application for a registration, or denying an application for
renewal of a registration are subject to appeal. An appeal must be filed with the public
works director within 30 days of the date of the final, written decision to be appealed. Any
appeal not timely filed as set forth above shall be waived. The code enforcement special
master shall hear the appeal. The hearing shall occur within 45 days of the receipt of the
appeal, unless waived by the registrant, and a written decision shall be rendered within 20
days of the hearing. If the city is the prevailing party on appeal, a $500.00 administrative
fee shall be assed against the registrant. Upon correction of the grounds that gave rise to a
suspension or denial, the suspension or denial shall be lifted.
g. Appeal of an order of the special master. An aggrieved party, including the city, may appeal
a final order of a special master to the circuit court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the special
master. Appeals shall be governed by the Florida Rules of Appellate Procedure.
1. Unless the findings of the special master are overturned, said findings of the special
master shall be admissible in any proceeding to collect unpaid penalties.
2. No aggrieved party other than the city may apply to the court for relief unless such
party has first exhausted the remedies provided for in this article and has taken all
available steps provided in this article. It is the intention of the city that all steps
provided by this article shall be taken before any application is made to the court for
relief, and no application shall be made by any aggrieved party other than the city to a
court for relief except from an order issued by a special master pursuant to this
chapter.
(45) Vehicle sales – retail, new automobiles, used automobiles.
a. Retail vehicle sales shall only be conducted from standalone buildings whereby the
dealership is the single tenant on an individually platted lot.
(46) Vehicle sales – wholesale dealer, online, independent dealer. Shall be permitted subject to
the following requirements:
a. An office space devoted to perform transactions in conjunction with the business is
required on the lot for all types of vehicle sales businesses.
b. Display of vehicles is not permitted.
c. Customer parking shall be provided in accordance with Article XII of this chapter.
Such parking shall be conspicuously posted and used for customer parking only.
(47) Rental – automobile only. Shall be permitted subject to the following conditions and limitations:
a. No fueling, vehicle service or car wash facilities or activities shall be permitted on the
site.
b. There shall be no automobile storage other than the interim, incidental and
customary parking of the rental cars. No more than ten (10) rental vehicles shall be
located on the site.
c. Employee and rental car parking shall be provided at the rear of the property.
d. Parking spaces for rental cars shall be provided in addition to the required parking for
the business.
e. No outdoor speakers shall be permitted.
Language to be added is underlined; language to be deleted is shown strikethrough.
ARTICLE X. ‐ ACCESSORY USES AND STRUCTURES
Sec. 34‐310. ‐ Accessory uses and structures.
(a) Generally; customary and incidental uses. An accessory use is customarily associated with the
principal use, and clearly incidental and subordinate to the principal use in area, extent, and purpose,
(ab) Permits required. Except as explicitly provided herein, no use designated as an accessory use in this
chapter shall be established until after the person proposing such use has applied for and received
all required development permits which may include; a building permit, zoning improvement permit
(ZIP), certificate of use, and a certificate of occupancy all pursuant to the requirements of this
chapter. No permit shall be issued for an accessory building for any use unless the principal building
and established use exists on the property, or unless a permit is obtained simultaneously for both
buildings and construction progress concurrently.
(bc) Prohibited uses. Any accessory use not specifically listed as permitted, or listed as a related use,
and which the administrative official cannot categorize as similar to a permitted use or related use,
shall be considered expressly prohibited.
(cd) Applicability of principal use and building regulations. An accessory use and building or structure
shall be subject to the same regulations that apply to the principal use, building and structure in each
district, except as otherwise provided.
(de) Location. All accessory uses, buildings and structures, except for approved off-site parking, shall be
located on the same lot as the principal or main use.
(ef) Dimensional requirements. All accessory uses, buildings and structures, shall comply with
dimensional standards as set forth in article Section 34-342XI, Ttable 1, and elsewhere for accessory
structures. Where the accessory structure dimensional requirements are found to be non-applicable,
the dimensional requirements of the principal structure shall apply.
Sec. 34‐311. ‐ Accessory use table.
The following accessory use table shall be used to determine the required zoning district of which a use
may be established. Unless otherwise stated, setback and spacing regulations shall be in compliance
with sSection 34-432 342 Table 1. Additional standards shall be complied with for the establishment of
the accessory use.
LEGEND
P means the use is permitted in the corresponding zoning district.
means the use is prohibited in the corresponding zoning district
*(#) means additional requirements and criteria must be met in order for the use to be permitted per the
criteria in Section 34-312
Accessory Use Generalized Table by Zoning District
Zoning District/Accessory Use and Structures R‐
1
R‐
2
R‐15,
R‐25,
R‐50
NC
PCD
OF
I‐
1
I‐
2
PD
AU
GP
EO
2
Awnings, canopies, carports, roof overhangs,
balconies, architectural structures *20,22 P P P P P P
P
P
P
P P
N/A P
Carports *21,22 P P
Commercial recyclable material
storage area* 10
P P P
P
P
P
P N/A
P P
Commercial use—incidental P P P P P P N/A P
Construction trailer—temporary
Trailer used as sales office*17
P P P P P P
P
P
P
P P
N/A P
Customary and incidental uses P P P P P P P P P P N/A P
Ice and Propane storage *24
P P
P
P
P
P P
N/A P
Home Occupation Office *25 P P P P P P P N/A P
Donation bins *15
P P P
P
P
P
P
N/A
Drive‐thru facilities *23 P P P P P P N/A
Dumpster enclosures *9 P P P P P P
P
P
P
P P
N/A P
Enclosed recreation areas—common P P P P P P P P N/A P
Gatehouses, guardhouses *19 P P P
P P P P P
N/A P
Generators—permanent *5 P P P P P P P P P P N/A P
Houseboats N/A
Maintenance building—common commercial,
industrial *8 P P P P P P
P
P
P
P P
N/A P
3
Management office, sales office P P P N/A P
Mobile medical, professional unit *18 P P P
P
P
P P
N/A P
Multifamily recyclable material storage
areas *11
P P P
P
N/A P
News kiosk *14
P P P P
P
P
P
P
N/A P
Off‐street parking structures* P P P P P P P N/A P
Outdoor dining *6 P P P P P P P N/A P
Outdoor grilling, commercial*7 P P P P P P P P
Outdoor recreation areas—common P P P P P P P P N/A P
Outdoor storage, open air storage,
including vehicles *12 P P P P P P
P
P
P
P N/A
P P
Portable storage units*4 P P P
P
Screen enclosures, covered patios *3 P P
P N/A P
Swimming pools, spas, *2 tennis courts, ball
courts P P P P P
P P
N/A P
Telephone booths, public P P P P P P P N/A P
Unattached garages * 18 , carports P P P P P P P P P N/A
Utility sheds, storage buildings, fallout shelters P P P P N/A
Utility sheds, storage shed *1 P P P P P N/A
Vending machines, video arcade games *13
P P P P
P
P
P
P
N/A P
4
Watchman, manager or caretaker quarters—
permanent, temporary *16
P P P P
P
P
P
P N/A P
Wireless antenna support structures, amateur
radio antennas P P P P P P
P
P
P
P N/A P
Legend:
"P" indicates permitted.
Blank indicates not permitted.
Note: See additional standards and requirements and criteria for specific accessory uses set forth in
section 34‐312 and the master use list in appendix A of section 34‐733.
Sec. 34‐312. ‐ Additional uses and building standards.
The following standards shall be complied with for the establishment of the accessory use and
structure:
(1) Generally; customary and incidental uses. An accessory use that is customarily associated with
the principal use, and clearly incidental and subordinate to the principal use in area, extent, and
purpose, is permitted, subject to compliance with all other applicable standards set forth in this
chapter.
(2) Aircraft hangers. Aircraft hangars are exempt from a lot coverage percentage size limitation.
(3) Barns and stables. Barns and stables are exempt from a lot coverage percentage size
limitation.
(41) Utility sheds, storage buildingsshed.
a. Accessory buildings, structures or uses shall not be closer than 75 feet to the front property
line except where it is desired to place them closer than 75 feet to the front property line;
each side line offset distance required for such lot shall be increased by the number of feet
less than 75 feet above referred to, provided such setback from the front property line is at
least 15 feet greater than the setback for a principal building in the same block and said
front line setback is not less than 50 feet.
b. No permit shall be issued for an accessory building for any use unless the principal
building exists on front of lot, or unless a permit is obtained simultaneously for both
buildings and construction progress concurrently.
c.Accessory buildings shall not occupy more than 30 percent of the rear yard area.
d. Building height. Utility sheds, storage buildings, shall not exceed the maximum permitted
height in the underlying district and shall at no time exceed the maximum height of the
principal building on the property.
a. Sheds shall not be closer than 75 feet to the front property line and shall meet all other
accessory structure requirements of the underlying zoning district pursuant to Section 34-
342 of this chapter.
b. No permit shall be issued for a shed for any use unless a principal building exists on the lot.
5
c.Size. Utility sheds shall not exceed 120 square feet.
d.Height. Utility sheds shall not exceed the maximum permitted height for accessory uses in
the underlying district and shall not exceed the maximum height of the principal building on
the property.
e.Number. Only one shed shall be permitted per platted lot.
f. Shed shall not be occupied and shall not be used as an accessory dwelling unit at any
time. Evidence of an illegal accessory dwelling unit shall be presumed if one or more of
the following conditions are observed as it pertains to the accessory use.
1. There is evidence of separate electrical, water, gas or other type of utility meter
2. There is evidence of a separate address assignment or mailbox
3. There is evidence of a liquid propane (LP) gas tank installed
4. There is evidence of a kitchen or cooking area within the accessory structure
5. There is evidence of separate rooms or partitions within the accessory structure
6. There is evidence of two or more exterior doors
7. There is evidence of a parking space assigned to the accessory structure
8. There is evidence of the accessory structure being advertised as a living unit
The presumption may be rebutted by the property owner with the submission of a valid building
permit of record and with a current floor plan prepared by an engineer or architect,
accompanied by a notarized affidavit from the property owner attesting that the accessory
structure is not being maintained as an accessory dwelling unit, substantiated by an interior
inspection of the dwelling by a compliance officer.
(5) Fallout or bomb shelters. A fallout or bomb shelter shall be permitted to be constructed within
five feet of the rear property line and without regard for the spacing requirement applicable to
buildings located on the same premises if such shelter is attached to an existing building or
accessory to an existing building, in all districts; provided, that it shall otherwise conform to all
other setback requirements prescribed for the principal building and further provided, that such
shelter shall be designed and constructed in accordance with the provisions of the Florida
Building Code, and in accordance with the minimum specifications and requirements as
prescribed in the pamphlets published by the Office of Civil and Defense Mobilization
designated as Fallout Shelter Surveys; Guide for Architects and Engineers, MP-10-2 National
Plan Appendix Services, May 1960; Family Fallout Shelters of Wood, NP-21, December 1960;
The Family Fallout Shelter, MP-15, June, 1959; and Clay Masonry Family Fallout Shelters, MP-
18, February 1960, which pamphlets are hereby adopted as a part hereof by reference.
(62) Swimming pools, spas.
a. Swimming pools in all districts shall be constructed no closer than five feet to any building
foundation, unless both the design and construction are approved by the administrative
official as safe and will not possibly result in a weakening of or damage to the building
foundation. Safety barrier shall be provided in accordance with Section 34-446 of this
chapter.
b. In no event shall said pools be closer than 18 inches to any wall or any enclosure.
c. Swimming pools, whether or not enclosed within screen enclosures, that are not attached
to the principal building, and other permitted detached screen enclosures, shall be
considered as accessory uses and shall be setback at least 75 feet from the front property
line.
6
d. In addition to the above and foregoing, the following shall apply:
1. Swimming pools or spas located at finished grade shall not be included in the building
coverage calculation unless contained in a building or within a screen enclosure with a
solid roof.
(73) Screen enclosures, covered patios.
a. Screen enclosures, enclosing swimming pools or other approved uses, where attached to
the principal building, shall be permitted no closer to the front property line than the
principal building; and if so attached, such enclosures shall not be considered as a part of
such residence or building, but shall be considered as an accessory building for purposes
of lot coverage only.
b. Attached screen enclosures with solid roof and covered patios shall maintain the required
accessory structure setbacks of the underlying district, provided that enclosure in the
structure is not at a the same finish floor elevation of the principal residence and used as
an accessory use to the residence and not an integral part of the residence, otherwise
setbacks for the principal residence for the underlying zoning district shall be complied
with.
c. Screen enclosures with screen roofs shall not be included in the building coverage
calculation.
d. Maximum allowable size. Screen enclosures and covered patios shall be permitted to
cover a maximum of 30 percent of the total lot area except for townhouses. Screen
enclosures for townhouses may cover 100 percent of the total lot area provided minimum
separations and setbacks are met.
(84) Portable storage units. For the purposes of this section, the term portable mini-storage unit shall
mean a portable container designed for the storage of personal property that is placed on a
homeowner's lot, parcel or tract and is designed to be delivered to and/or removed from the
homeowner's site by a truck or other street-legal vehicle. One temporary portable mini-storage
unit may be placed on a fee simple lot, parcel or tract containing a single-family residence,
subject to the following conditions and limitations:
a. The homeowner has a valid building permit:
1. For the major remodeling of;
2. For a significant addition to; or
3. For damage repair to the single-family residence on the lot, parcel or tract whereon
the portable mini-storage unit is requested to be placed; and
b. The portable mini-storage unit, shall not exceed eight feet in width, 16 feet in length, and
eight feet in height;
c. The portable mini-storage unit shall be placed at ground level, shall be setback a minimum
of ten feet from the front property line and a minimum of five feet from all other property
lines, and shall comply with the safe sight distance triangle regulations;
d. In no instance shall hazardous material be placed in the portable mini-storage unit; and
e. Prior to placement of the portable mini-storage unit on the lot, the property owner shall
apply for and obtain a Zoning Improvement Permit (ZIP) pursuant to section 34-55 for the
portable mini-storage unit;
f. The ZIP for the portable mini-storage unit shall be a conditional permit and shall be issued
for a period not to exceed 90 days. Upon showing of just cause by the homeowner, the
administrative official may approve the homeowner's written request to renew the ZIP for
additional 90 days, not to exceed a total of 180 days overall; provided, however, the
portable mini-storage unit shall be removed from the premises when a hurricane watch is
issued for the county. No renewal fee of the ZIP shall be charged where, after inspection
7
by the department of planning and zoning, the use of the mini-storage unit is to facilitate
repair of damage caused by a hurricane;
g. No mechanical, plumbing or electrical installations or connections are made to the portable
mini-storage unit;
h. The portable mini-storage unit shall have clearly posted on the exterior of the unit, the
name, current phone number and address of the company providing the portable mini-
storage unit, a copy of the current ZIP permit issued for the mini-storage unit, and the date
the portable mini-storage unit was placed at the site;
i. The conditional ZIP approval may be revoked by the administrative official at any time
should the homeowner's utilization of such temporary portable mini-storage unit result in
unsafe or unsanitary conditions on the site or upon violation of any of the conditions or
limitations stated herein.
(95) Generators, permanent. A permanent generator installation shall be permitted as an ancillary
use in all zoning districts, subject to the following conditions:
a. Setbacks for permanent generators. In those zoning districts permitting accessory
buildings, compliance with accessory building rear, interior side and side street setbacks
shall be required for a permanent generator. The front setback shall be behind the front
building line of the principal building. There shall be no spacing requirements from the
principal building to the generator.
In those zoning districts not permitting accessory buildings, the permanent generator shall
comply with principal building setbacks, except that there shall be no spacing requirement
from the principal building to the generator.
b. Setback exception for certain residential districts. Permanently installed generators fueled
by propane gas or natural gas not exceeding five feet in height from finished grade to the
top of the generator shall be permitted as an accessory use in conjunction with a permitted
residential use in accordance with the following setback requirements:
1. Front—behind the front building line.
2. Rear—five feet.
3. Interior side—three feet.
4. Side street—behind the side street building line, unless completely screened from
view by a wall or hedge. In no event shall a permanently installed generator be placed
closer than ten feet to the side street property line.
5. Spacing—there shall be no spacing requirement between the principal building and
the permanently installed generator.
c. Number permitted in residential districts. A maximum of one permanent generator shall be
permitted as an ancillary use to a single-family residence, duplex unit or townhouse unit. A
maximum of one generator per structure shall be permitted for multifamily developments,
with the exception of condominium units, which shall be permitted one permanent
generator per condominium unit.
d. In all residential districts, a permanent generator shall be screened from view by a wall or
hedge.
e. A permanent generator installation shall not be counted as part of maximum lot coverage,
maximum floor area ratio, or parking requirement calculations. Permanent generator
installations on improved properties may encroach into the required landscaped open
areas.
8
(106) Outdoor dining. Outdoor dining areas shall be permitted as an accessory use for
restaurants including fast food restaurants (collectively referred herein as restaurant) subject to
the following:
a. The outdoor dining area shall be managed, operated and maintained as an integral part of
the immediately adjacent restaurant;
b. The outdoor dining area shall not reduce required parking or landscaping for the site;
c. The outdoor seating area shall be included in the calculations for required parking;
d. There shall be no outdoor cooking or food preparation, including preparation equipment or
heating of food;
e. No outdoor dining area shall obstruct or impede pedestrian traffic. There shall be a
minimum of five feet clear path between curb and outdoor dining area to allow pedestrian
traffic;
f. The outdoor dining area shall comply with the American with Disabilities Act requirement;
g. No advertising signs or business identification signs shall be permitted. No outside public
address system shall be permitted;
h. The outdoor dining area must have adequate illumination during evening hours and comply
with section 34-417 of this chapter. Blinking and flashing type lighting shall be prohibited;
i. Tables, chairs, umbrellas, and other permissible objects provided within the outdoor dining
area shall be of quality design and materials. Umbrellas and other decorative material shall
be fire-retardant or manufactured of fire-resistant material;
j. No tables, chairs or any other permissible objects within the outdoor dining area shall be
attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb, or
sidewalk in or near the permitted area;
k. Tables, chairs, umbrellas, and other permissible objects provided within the outdoor dining
area shall be maintained with a clean appearance and shall be in good repair at all times;
l. Alcoholic beverages may be served where such service is strictly incidental to the service
of food and is from a service bar only, subject to compliance with the regulations specified
in article V of this chapter. The use shall be subject to plan review and approval through
the building permit review process. The plans for such use shall include all restrooms,
furniture, umbrellas, lighting, and other related services and functions associated with the
proposed use, together with all required and provided parking calculations and pedestrian
circulation. Plans shall be subject to all the applicable building and zoning code
regulations; and
n. The use shall require a certificate of use which shall be renewed annually and shall be
subject to revocation upon violation of any applicable building and zoning code regulations,
or when a continuation of the permit would constitute a hazard or nuisance.
(117) Outdoor grilling, commercial.
a.Outdoor grilling shall only be permitted as an accessory use to full service restaurants with
seats. Take-out and take-away restaurants without seating shall not be permitted to grill
outdoors.
b.Outdoor grilling shall only be permitted during the time the restaurant is open for food
service.
c.Grill must be located at least 15 feet from all property lines.
d.Residential zoning districts, residential uses or residential structures must be buffered by a
decorative masonry wall a minimum of 6 feet in height.
9
e.Grill must have a lid or door to minimize smoke
f. All food preparation and food sales must take place inside the restaurant
g.Outdoor consumption of food shall only be permitted in conjunction with an approved
outdoor dining license.
h.Placement of the grill shall not impede circulation or reduce the required parking or
landscaping area
i.A separate Certificate of Use (CU) shall be required demonstrating compliance with the
standards above, in addition to approval by DERM, Fire and Building and other outside
agencies as required.
(11) Outdoor recreation, common. Accessory outdoor recreational facilities are primarily designed
and intended for use by occupants and their guests of a residential development or
nonresidential development. Accessory outdoor recreational facilities shall be subject to the
following supplementary regulations.
a. Setbacks. Active outdoor accessory recreational facilities shall be located a minimum of 50
feet from any property line abutting a residential district. Passive outdoor accessory
recreational facilities shall be located a minimum of 25 feet from any property line abutting
a residential district.
b. Screening. If deemed necessary to ensure compatibility with surrounding uses the
administrative official at time of review may require buffer consisting of a six-foot fence or
masonry wall and landscape screen of at least 75 percent opacity around an active or
passive outdoor accessory recreational facility.
(12) Enclosed recreation areas-common. Accessory indoor recreation areas facilities are primarily
designed and intended for use by occupants and their guest of a residential development or
nonresidential development. Buildings housing indoor recreation areas shall maintain same
required development standards as the principal building in the underlying zoning district.
(138) Maintenance building, commoncommercial, industrial. Accessory buildings providing
maintenance and utility storage primarily designed and intended for use of the on-site
residential or nonresidential developments shall be permitted, provided that accessory building
setbacks and development standards of the underlying zoning district are maintained and the
structure is shown on an approved site plan.
(14) Dumpster enclosures.
a. Maintenance: Approved enclosures shall be maintained in good condition, repair and
appearance at all times so as to allow for collection of materials and to eliminate odors.
1. Dumpster lids must be kept closed at all times when the dumpster is not being used or
serviced.
2. Containment of garbage. All garbage and trash must be placed inside the dumpster.
Loose garbage and trash outside the dumpster is a violation of this chapter, a health
hazard and aesthetically undesirable. The property owner is responsible for keeping
the enclosure and surrounding area garbage and trash free at all times.
b. Design . All dumpsters shall be maintained in an enclosure with the service and access
gates closed except when being serviced by a commercial refuse/garbage collector or
when being used to access the dumpster.
c. Specifications, materials and location.
1. Dumpster enclosure requirement.
10
(i) All dumpsters shall provide an enclosure of a size that would permit the moving
in or out of the dumpster without damage to the enclosure. Enclosure height
must extend 12 inches above the dumpster.
(ii) All enclosures shall consist of masonry, concrete or wood walls. Enclosures shall
have a gate for collection equipment access. All walls and gates shall be totally
opaque so as to prevent the dumpster from being visible. In general, enclosures
shall be consistent with materials and architectural style of principle building.
Enclosures shall be constructed of one of the following materials.
A.CBS masonry walls . All exterior faces of the wall shall be finished and of
professional quality such as stucco, prefinished blocks, stacked block and
struck joints, shadow blocks, painted or similarly installed and meeting with
the approval of the development services department.
B.Concrete walls . Precast concrete walls of quality deemed acceptable to the
development services department.
C. Wood fencin g. Substantial wood fences of durable species, incorporating
architectural design features to enhance the appearance, quality and design
acceptable to the development services department. In making this
determination, consideration shall be given to:
i. The thickness of the wood, which must be a minimum of one-half inch; ii.
Whether the wood is pressure treated or has a finish that protects the
wood from the elements; and
iii. Minimum six inches by six inches corner post and four inches by four
inches intermediate posts of pressure treated materials.
(iii)Dumpster enclosure gates may be constructed of wood mounted on a substantial
steel frame, chain link fence with opaque inserts (in the Industrial or
Public/Institutional districts only), steel, aluminum or other opaque materials
which are installed in compliance with the building code. Servicing gates, upon
opening, may not swing into the right-of-way and shall incorporate gate stops that
are functional in the full open and closed positions. Hinge assemblies shall be
strong and durable such that access and servicing gates do not sag and function
properly. All gates for pedestrian access shall be no more than 48 inches in width
and no less than 36 inches in width. Enclosure gates shall be closed at all times
except for the time necessary to service the bulk container. Maze style openings
shall be permitted in place of a pedestrian access gate. A maze style opening is
an opaque wall or fence that is located between 36 and 48 inches from the
enclosure opening must be a minimum width of 1½ times the width of the
opening and shall be between 36 to 48 inches in width.
2. Garbage containers.
(i)All receptacles and bulk containers which receive garbage, liquid waste or food
from food-handling operations, including, but not limited to, bakeries, meat
processing plants, and restaurants shall have a grade level concrete slab. If
available, dumpster site shall have facilities for washing containers and ability to
drain to an acceptable sanitary disposal system. If the aforementioned facilities
are available, then the dumpster may have washout plugs. For purposes of this
article, storm drains shall not be considered as an acceptable sanitary disposal
system.
(ii) If no suitable drain, grease trap or sanitary disposal system is available, the
dumpster containers shall be sealed so that no liquid leak onto the pad or
ground. Dumpster collection shall be frequent enough to keep odors to a
minimum. Odors shall also be kept at a minimum through artificial means such as
11
masking agents. Containers shall be constructed in accordance with industry
standards and must be approved by and meet the standards of applicable
regulating agencies.
3. Placement.
(i) A dumpster must be located in a place easily accessible to authorized collection
vehicles at all times, and no service will be provided to dumpsters on properties
which have allowed vehicles or objects (ground level or overhead obstructions) to
hinder in any way whatsoever the servicing of bulk containers by authorized
collection vehicles. All dumpsters shall be placed within an approved enclosure;
(ii) It shall be unlawful for any person to place or store, or allow to be placed or
stored, a dumpster upon or in any public street, alley or right-of-way; provided,
however, that such container or receptacle may be placed in the public right-of-
way during the collection/emptying process;
(iii)All dumpster enclosure walls and fences shall be located a minimum of five feet
from adjoining commercial areas and ten feet from adjoining lots with residential
zoning uses; and
(iv) A minimum of five feet from public and private rights-of-way.
4. Exceptions. All dumpsters and trash receptacles must comply with this article except for
the following:
(i)Dumpsters/receptacles located in properly screened service yards (must be
screened from public rights-of-way with a minimum six-foot high fence and/or
suitable dense landscaping, as approved by the development services
department). The dumpsters/receptacles must not be visible from the public right-
of-way.
(ii) Dumpsters/receptacles located at permitted construction sites.
(iii)Dumpsters enclosures subject of a valid certificate of nonconformity in
accordance to section 34-58.
(149) Dumpster enclosures. All garbage and trash must be placed inside the dumpster.
Loose garbage and trash outside the dumpster is a violation of this chapter, a health
hazard and aesthetically undesirable. The property owner is responsible for keeping the
enclosure and surrounding area garbage and trash free at all times.
a. Specifications, materials and location.
1. Dumpster enclosure requirement.
(i) All dumpsters shall provide an enclosure of a size that would permit the moving in
or out of the dumpster without damage to the enclosure. Enclosure height
must extend 12 inches above the dumpster.
(ii) Screening. Dumpsters shall be enclosed by a wall on three sides with a gate for
collection equipment provided on the fourth side. Structural screening shall be
supplemented by foundation plantings consisting of hedges which shall be
maintained at a minimum of three foot height.
(iii) Materials and construction methods
A. CBS masonry walls. All exterior faces of the wall shall be finished and use
professional quality materials such as stucco or similar maintenance free
decorative surface, consistent with materials and architectural style of the
principal building and meeting with the approval of the Zoning Official or
designee.
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B. Concrete walls. Precast concrete walls of quality deemed acceptable to the
development services department.
C. All walls and gates shall be totally opaque to prevent the dumpster from
being visible. Chain link and wood fencing are not permissible screening
materials for dumpster enclosures.
D. Enhancement of materials or finishes may be required for enclosures located
within the Entertainment Overlay District.
E. In mixed use developments, residential waste should be separate from
commercial.
(iv) Dumpster enclosure gates may be constructed of pre-cast decorative concrete
panels, decorative metal screens, hardwoods mounted in substantial steel
frames, steel, aluminum or other durable opaque materials which are installed in
compliance with the building code. Plastic coverings are not considered durable.
a. Servicing gates, upon opening, may not swing onto sidewalks or public right-of-
way and shall incorporate gate stops that are functional in the full open and closed
positions. Hinge assemblies shall be strong and durable such that access and
servicing gates do not sag and function properly.
b. All gates for pedestrian access shall be no more than 48 inches in width and no
less than 36 inches in width. Maze style openings shall be permitted in place of a
pedestrian access gate. A maze style opening is an opaque wall or fence that is
located between 36 and 48 inches from the enclosure opening must be a
minimum width of 1½ times the width of the opening and shall be between 36 to
48 inches in width.
2. Placement.
(i) A dumpster must be located in a place easily accessible to authorized collection
vehicles at all times, the area above the enclosure must be free of wires and
other overhead obstructions. All dumpsters shall be placed within an approved
enclosure. The location of enclosures for new construction or additions requiring
site plan review shall be determined pursuant to the site plan review process.
The location of enclosures for uses not requiring site plan review shall be
determined by the administrative official or designee pursuant to the following
requirements upon submission of a site plan or survey showing the location of
the building, the number and location of living units, lot size, existing and
proposed landscaping, the number and location of parking spaces, the location,
service frequency and capacity of the existing and proposed dumpsters;
(ii) It shall be unlawful for any person to place or store, or allow to be placed or
stored, a dumpster upon or in any public street, alley or right-of-way; provided,
however, that such container or receptacle may be placed in the public right-of-
way during the collection/emptying process;
(iii) All dumpster enclosure walls and doors shall be located a minimum of five feet
from adjoining commercial areas and ten feet from adjoining lots with residential
zoning uses; and a minimum of five feet from public and private rights-of-way.
(iv) A minimum of five feet from public and private rights-of-way.
(v) No dumpsters shall be permitted in the front yard of any building within the
Entertainment Overlay District. In general, dumpsters should be placed in
properly screened and enclosed service areas accessible for regular solid waste
disposal in the rear or side yards of a principal structure. Front yard placement
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will be permissible in other districts when no reasonable alternate placement
solution can be provided.
(vi) Dumpsters must be located on a concrete pad. The concrete pad shall provide
an 8 feet minimum concrete apron in front of the dumpster measuring the same
width of the enclosure.
(1510) Commercial recyclable material storage area. Recyclable material collection and storage
areas shall be provided on the site of all occupied nonresidential buildings or developments in
accordance with the following standards:
a. Storage area . At a minimum, at least one recyclable material collection and storage area
with a ten foot by ten-foot pad, shall be designated on each site plan.
b. Location. All accessory uses, buildings and structures, except for approved off-site parking,
shall be located on the same lot as the principal or main use.
c. Access. Access to recyclable material collection and storage areas shall be designed so as
not to require unnecessary turning or backing movements by pick-up and removal vehicles.
There shall be a 50-foot access area for trucks.
d. Setback . The minimum setback for recyclable material collection and storage areas that
are located on the exterior of buildings shall be 25 feet from residential districts or
residential properties.
e. Screening. All recyclable material collection and storage areas that are located on the
exterior of buildings shall be screened by a solid opaque enclosure. The open end of the
enclosure shall have an opaque gate. All exterior sides of the enclosure, shall be
landscaped with 24-inch high shrub material spaced 24 inches on center at planting, or an
alternative acceptable to the administrative official. Recycling enclosures may be
connected to or be a section of garbage and trash enclosures.
f. Alternative compliance . Applicants shall be entitled to demonstrate that recyclable material
storage space needs can be more effectively met through an alternative recyclable
materials collection and storage plan. An alternative recyclable materials collection and
storage plan shall be reviewed by the solid waste authority, and, if approved, shall be
substituted for standards of this subsection.
g. Review . Recyclable material storage and collection area plans shall be reviewed during
development approval or by the development review committee pursuant to section 34-45.
Information necessary to evaluate proposed plans for compliance with the standards of this
subsection shall be shown on the site plan.
h. Retrofitting of existing nonresidential developments . The retrofitting of existing
nonresidential developments to comply with the standards of this subsection is permitted at
a ratio of one parking space for each recycling material storage and collection area, not to
exceed ten percent of the total parking spaces.
(1611) Multifamily recyclable material storage areas. Where recyclable material collection and
storage areas are provided on the site of all multifamily developments that include ten or more
dwelling units, in accordance the following standards shall be complied with:
a. Exemptions . Multifamily developments that receive curbside recyclable materials
collection service on at least a weekly basis shall be exempt from the standards of this
subsection.
b. Location . Recyclable material collection and storage areas shall be located within the
building containing the multifamily dwelling units or within or adjacent to the disposable
material dumpster area used by residents of the multifamily development.
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c. Access. Access to recyclable material collection and storage areas shall be designed so as
not require unnecessary turning or backing movements by pick-up and removal vehicles.
d. Setback . The minimum setback for recyclable material collection and storage areas that
are located on the exterior of buildings shall be 25 feet from residential districts or
residential properties.
e. Screening. All recyclable material collection and storage areas that are located on the
exterior of buildings shall be screened by a solid opaque enclosure constructed of brick,
concrete, concrete block, or other decorative masonry, or comparable wood or steel,
consistent with the architectural character of the development or principal building. The
open end of the enclosure shall have an obscure, opaque gate. All exterior sides of such
enclosures, except the open end, shall be landscaped with 24-inch high shrub material
spaced 24 inches on center at planting, or an alternative acceptable to the administrative
official.
f. Storage area . The following minimum recyclable material storage area standards shall
apply to multifamily developments.
Number of Dwelling
Units
Minimum Storage (Floor) Area
10—30 40 square feet
31—99 100 square feet
100—159 160 square feet
160—240 240 square feet
Over 240 240 square feet, plus one square foot per dwelling unit for each dwelling unit
over 240
g. Alternative compliance . Applicants shall be entitled to demonstrate that recyclable material
storage space needs can be more effectively met through an alternative recyclable
materials collection and storage plan. An alternative recyclable materials collection and
storage plan shall be reviewed by the solid waste authority, and, if approved, shall be
substituted for a recyclable materials storage and collection plan meeting the express
storage area standards of this section.
h. Review. Recyclable material storage and collection area plans shall be reviewed during
development approval or by the development review committee pursuant to section 34-45.
Information necessary to evaluate proposed plans for compliance with the standards of this
subsection shall be shown on the site plan.
i. Retrofitting of existing multifamily developments. The retrofitting of existing multifamily
developments to comply with the standards of this subsection are encouraged. As a means
of encouraging retrofitting, developers shall be entitled to convert existing off-street parking
spaces to accommodate a recyclable material storage area in accordance with the
following standards.
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1. Number of spaces to be converted. A maximum of one existing off-street parking
space may be converted to accommodate each 180 square feet of recyclable material
storage and collection area or fraction thereof that is provided on the exterior of a
building. Conversion of off-street parking spaces to accommodate more recyclable
materials collection and storage area than specified in subsection (16)f of this section
(storage area) shall be prohibited.
2. Automatic waiver. The conversion of required and existing off-street parking spaces to
accommodate recyclable material storage and collection areas pursuant to the
standards of this section shall be permitted by right, with subject to an administrative
review of the administrative official.
(17) Parking structures. Parking structures:
a.Shall maintain same setbacks as accessory structures.
b.Are exempt from a lot coverage percentage size limitation.
c.Shall be designed and constructed in compliance with the design standards set forth in
section 34-416.
(18) Unattached garages. May be provided as accessory to principal use meeting the all accessory
structure requirements of the underlying zoning district.
(19) Outdoor storage in residential districts. Outdoor storage in residential districts for residential
purposes shall be limited to domestic equipment and normal supplies necessary for residents.
Storage shall not be permitted in any front setback, nor in any required side setback. Storage
shall be permitted in side setbacks when completely screened by a fence or landscaping.
(2012) Outdoor storage, commercial, industrial, nonresidential usesopen air storage, including
vehicles. Outdoor storage of merchandise in all commercial, industrial and nonresidential uses
shall be subject to the following standards, unless the use is specifically regulated in the
applicable district or additional standardextra requirements of this sSection or Section 34-288.
a. Outdoor storage of merchandise shall be permitted only when incidental, accessory, and
customary to the use located on the premises subject to the following.
b1. The storage area shall not be located in any of the required setbacks or yards.
c.2. The stored merchandise materials shall be within an area surrounded by a walls,
slotted or solid fence, or buildings, and shall not protrude above the height of the
enclosing walls, or fences or buildings meeting the approval of the Administrative
Official; these provisions shall not apply to industrial uses.
db. Outdoor storage of material used for construction is permitted when:
1. The storage of construction materials and equipment is for use on property with an
active building permit.
2. The material is stored for no longer than 90 days unless approved by the administrative
official for a period not to exceed an additional 90 days;
e. Pallets and other similar temporarily and customarily stored items located in loading areas
shall not be considered merchandise or subject to outdoor storage requirements.
c.Outdoor storage of vehicles shall be permitted only when incidental, accessory, and
customary to the use located on the premises subject to the following:
1. The vehicles shall be parked on asphalt and require paving and drainage approval
from the Engineering or Public Works Department. Parking on gravel, grass or any
other unimproved surface shall be prohibited.
2. Required screening. The stored vehicles shall be within an area surrounded by a wall
or solid fence. Structural screening shall be supplemented by a row of evergreen
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shrubs, planted no more than 36 inches apart which will grow to form a continuous
hedge of at least three feet within a year of planting. When adjacent to a residential
district or visible from a public right of way, additional landscaping may be required.
Businesses with an active dealership license shall be exempt from this requirement.
d. Contractor's storage yard. A contractor's storage yard means storage and accessory office
performed by building trade and service contractors on lots other than construction sites. A
contractor's storage yard use shall comply with the following supplementary use standards:
1. Office permitted. An accessory office shall be permitted.
2. Screening. For a storage-yard contiguous to property in a residential district, and
opaque fence/wall a minimum eight feet in height shall be placed along the inside
border or the required landscape strip. The purpose of the fence/wall inside the
landscaped strip is to protect the landscape strip from the intensive activity of the
storage yard and to supplement the landscape strip as a buffer.
3. Activities. No major repairs of vehicles or equipment, and no manufacturing or
processing shall occur on the site.
(2113) Vending machines, video games.
a. A maximum of three vending machines may be stored outdoors abutting the principal
building for the purpose and intent of use of the resident, workers, and guest of the
development.
b. A maximum of three video arcade games shall be permitted in any one establishment.
(2214) Newsracks on private propertyNews kiosk. The purpose of the following is to promote the
public health, safety and welfare through the regulation of placement, type, appearance, and
servicing of newsracks, and ensuring that newsracks on private developments comply with the
following criteria:
a. Provide for safety and convenience of pedestrians, bicyclists, and drivers.
ba. Avoid unreasonableThe placement of newsracks shall not interference with the flow of
pedestrian or vehicular traffic, including ingress into or egress from a residence or place of
business or from the street to the sidewalk by persons exiting or entering parked or
standing vehicles.
cb. Newsracks shall be located in such a manner so as to avoid an Provide for consistency
with the aesthetics of the surrounding area by: eliminating, relocating, or replacing
newsracks which result in a visual blight; avoiding excessive concentration of newsracks
on private developments; and eliminating newsracks which may unreasonably detract from
the aesthetics of adjacent store window display, landscaping or other improvementsthe
surrounding area or which may result in visual blight..
d. Facilitate the removal of abandoned newsracks.
e. Maintain and protect the values of surrounding properties.
f. Eliminate and avoid unnecessary injury to persons or property damage.
g. Maintain and preserve freedom of the press and treat all newspapers equally regardless of
their size, content, circulation, or frequency of publication.
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(2315) Donation bins.
a. Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain
or to permit to be deposited, stored, kept or maintained a donation collection bin in or on
any lot, parcel or tract of land or body of water in any zoning district. A donation collection
bin is hereby defined as a receptacle designed with a door, slot or other opening and which
is intended to accept and store donated items.
b. Exceptions. The following shall be exempted from the provision of subsection (23)a of this
section.
1. Certain nonmotorized vehicles. Nonmotorized vehicles which comply with the
following criteria:
(i) The nonmotorized vehicles must be operated by an organization which has been
incorporated as a not-for-profit organization under the laws of the state for a
charitable purpose and which has been declared exempt from the payment of
federal income taxes by the United States Internal Revenue Service;
(ii) Personnel directly employed by or volunteers for the not-for-profit organization
must be present at the non-motorized vehicles at least five days a week (except
holidays) to accept donations;
(iii) The monetary proceeds resulting from the sale of donations collected at a
nonmotorized vehicle must be used in accordance with the organization's
charitable purpose pursuant to the county Code section 33-19(a)(i) to benefit
persons within the boundaries of the county or outside of the county to provide
emergency relief for victims of natural, manmade or economic disasters;
(iv) The operation of the nonmotorized vehicles, the collection and distribution of
donations and proceeds thereof must be conducted by said not-for-profit
organization and not by a licensee, subcontractor or agent of the not-for-profit
organization;
(v) Nonmotorized vehicles shall operate in a safe manner, be neat in appearance,
well maintained, free of graffiti, fully painted and shall be buffered from adjacent
properties by on-site landscaping, walls or similar screening; and
(vi) For each nonmotorized vehicle said not-for-profit organization shall submit a
declaration of use in a form meeting with the approval of the administrative
official in connection with the issuance of an annually renewable certificate of use
and occupancy. Said declaration of use shall specify compliance with the
foregoing conditions;
(vii) Nonmotorized vehicles which comply with the foregoing criteria are not required
to be shown on-site plans which are required by this chapter to be submitted for
approval at public hearing or by administrative site plan review.
2. Certain permanently placed donation bins. Permanently placed donation collection
bins which comply with the following criteria:
(i) The donation collection bins are contained wholly upon improved property owned
and operated by an organization which has been incorporated as a not-for-profit
organization under the laws of the state for a charitable purpose and which has
been declared exempt from the payment of federal income taxes by the United
States Internal Revenue Service.
(ii) The monetary proceeds resulting from the donations collected at said donation
collection bins must be used in accordance with the organization's charitable
purpose to benefit persons within the boundaries of the county or outside of the
county to provide emergency relief for victims of natural, manmade or economic
disasters. The collection and distribution of donations and proceeds thereof must
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be conducted by the not-for-profit organization owning and operating the
donation collection bins and not by a licensee, subcontractor or agent of said not-
for-profit organization; provided, however, that this shall not prevent the not-for-
profit organization from contracting with a licensed common carrier to transport
donated goods to a disaster site for distribution of same to victims of the disaster.
(iii) The donation collection bins shall be permanently affixed to the property and
shall have been approved by the director of the building and code compliance
department as meeting the requirements for wind resistance established for the
county.
(iv) The donation collection bins shall be buffered from view from any location off of
the property of said charity and shall not be closer than 75 feet from any property
line. Each donation collection bin shall require a ZIP permit from the Department
prior to placement on the property. No donation collection bin shall have a floor
area in excess of 20 square feet and shall not exceed a height of six feet.
Donation collection bins must be shown on site plans which are required by the
code to be submitted for approval at public hearing or by administrative site plan
review. Said bins shall not be required to comply with the windborne debris
impact standards of the Florida Building Code. Electrical connections to the bins
shall be prohibited.
(v) For each donation collection bin said not-for-profit organization shall submit a
declaration of use in a form meeting with the approval of the administrative
official in connection with the issuance of an annually renewable certificate of use
and occupancy. Said declaration of use shall specify compliance with the
foregoing conditions.
3. Designation of enforcement officer. The administrative official shall designate an
enforcement officer who shall be responsible for the removal of illegal donation
collection boxes.
4. Notification. Whenever the enforcement officer ascertains that an illegal donation
collection bin is present on any property within the city, the officer shall cause a notice
to be placed on such bin in substantially the following form:
NOTICE
This donation collection bin is unlawfully upon property known as (setting forth brief
description of location) and must be removed within 72 hours from the time of this
notice. Failure to remove the bin shall result in the removal and destruction of the bin
by order of City of Miami Gardens.
Dated this: (setting forth the date, time of posting of the notice)
Signed: (setting forth name, with the address and telephone number of the
enforcement officer). Such notice shall be not less than eight inches by ten inches and
shall be sufficiently weatherproof to withstand normal exposure to the elements.
5. Removal of donation collection bin. If at the end of 72 hours after posting of such
notice, the donation collection bin has not been removed from the property, the
enforcement officer shall cause the bin to be removed.
6. Assistance of city police department. If the enforcement officer is unable to
successfully remove a donation collection bin subject to seizure under this section, the
enforcement officer or his designated representatives may secure the assistance of
the city police department to effect the removal of said bin.
7. Obstructing an enforcement officer in the performance of duties. Whoever opposes,
obstructs or resists the enforcement officer in the discharge of duties as provided in
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this section, upon conviction, shall be guilty of a misdemeanor of the second degree
and shall be subject to punishment as provided by law.
8. Destruction of donation collection bin. Whenever a donation collection bin remains
unclaimed as provided above, it shall be destroyed by order of the city. The
contents of the bin may be destroyed or donated to charity.
9. Recovery of costs. All costs incurred pursuant to this section shall be paid by the
owner of the donation collection bin. The enforcement officer may institute a suit to
recover such expenses against the bin owner.
10. Responsibility for compliance. The owner of the donation collection bin and the tenant
and/or owner of the property on which the bin is maintained shall be responsible for
compliance with this chapter.
(24) Telephone booths, public.
a. Residential and agricultural districts.
1.In all residential, agricultural and temporary permits may be issued for the installation of
public telephone booths for a one-year period of time subject to an extension of
time for justifiable reason. Such permits shall be subject to cancellation when, in the
opinion of the administrative official, sufficient telephone service has been brought into
the area, or when the use creates a traffic hazard or a nuisance.
2.Certificates of use and occupancy must be secured for each public telephone booth
erected. The application for said certificate must be accompanied by a location
sketch, and with written approval of property owners in the form of a waiver of
objection from the abutting property owners within 150 feet on each side of the
location site, and from the corresponding, abutting property owner on the opposite
side of the street from the site location in question. A fee, as provided by
Administrative Order No. 4-40, as amended from time to time, shall be paid for each
certificate issued.
3.Location of the booth must be approved by the administrative official, and if a right-of-
way is concerned, must be approved by the director of public works.
4.Each booth shall be properly fastened to the ground so that it shall not become a wind
hazard.
5.All booths shall be properly maintained and painted so that they shall not become
unsightly or an eyesore.
6.The conventional type of strip telephone signs will be permitted providing they are
placed on the booth in the usual and conventional manner. Signs shall not be erected
independent of the booth structure.
(25) Business and industrial districts. In all commercial and industrial districts, the booths shall be
permitted on a permanent basis so long as they do not constitute a traffic hazard or a nuisance.
a. Certificates of use and occupancy must be secured for each booth erected; the application for
said certificate must be accompanied by a local sketch. A fee, as provided by
Administrative Order No. 4-40, as amended from time to time, shall be paid for each
certificate issued.
b. The booth must be erected on private property, conform to regular setback requirements
and the location must be approved by the administrative official.
c. Construction and maintenance requirements shall be the same as for the residential areas. d.
In addition to the usual booth signs, the standard public telephone plaque signs shall be
permitted. The location of signs shall meet the approval of the administrative official.
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(26) Houseboats. No houseboat shall be permitted to fasten to a dock, anchor to land or to remain in
any of the waterways or stored without a ZIP permit, application for which shall be made to the
administrative official. Houseboats, if permitted, shall be for docking, anchoring, mooring, and
not be for temporary or permanent residential use.
(2716) Watchman, manager or caretaker quarters, permanent, temporary.
In addition to
requiring a special exception use approval the following standards shall be complied with:
a. Maximum number of quarters. No more than one security or caretaker quarters use shall
be developed upon the same lot as a bona fide agricultural, commercial, industrial or
institutional use.
b. Limitation on occupancy. The quarters use shall be for the exclusive use of and shall be
occupied only by a guard, custodian, caretaker, owner, manager or employee of the owner
of the principal use, and his family. Such person shall be actively engaged in providing
security, custodial or managerial services upon the premises.
c. Property development regulations . A security or caretaker quarters use shall not be
established upon a substandard lot, nor shall the development of such quarters cause a
site to violate this chapter.
dc. Construction standards . Development of a security or caretaker quarters use shall meet
the appropriate standards of the building code and other applicable laws.
e. Use of mobile home. A mobile home may be used for a permanent security or caretaker
quarters use only in the AU district. Mobile homes as accessory use to an agricultural use
shall be on a minimum of five acres.
fd. Discontinuation of use. A security or caretaker quarters use shall continue only so long as
the principal use that it is meant to serve remains active. Upon termination of the principal
use, the right to have the caretaker or security quarters shall end, and the quarters shall
immediately be discontinued. Once discontinued, such quarters shall not be re-established
except in conformity with this subsection.
ge. Exception, public and institutional uses. A quarters use shall be allowed as an accessory
use to a public or institutional use in all districts without special exception use approval.
(2817) Construction trailer, or trailer used as sales office, temporary. During development of
planned developments, subdivisions and multiple-family projects requiring DRC approval, a
temporary construction trailer may be allowed in platted developments conjunction with an
active building permit under the following conditions and uses:
a. An approved building permit shall be required for trailer prior to use.
ab. Use of this facility shall be limited to storage and on-site office work with no overnight
habitation.
bc. Duration. The construction trailer may remain on site only for the duration of the permitting
and building of the primary structures and must be removed no later than 30 days after
issuance of a Temporary Certificate of Occupancy (TCO) for commercial structures or no
later than 30 days after the issuance of a Certificate of Occupancy (CO) for residential
structures.
cd. Location. The construction trailer and attendant parking and storage areas are to be
located on site so as not to interfere with safe ingress and egress to developed areas or
areas under construction. Minimum setback requirements for accessory structures within
the applicable zoning district shall apply.
de. Removal. The construction trailer shall be removed if construction ceases for more than
five six (6) months, unless it can be demonstrated that construction will proceed within 30
days.
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e. Certificate of occupancy. The construction trailer be removed no later than 30 days after the
final certificate of occupancy is issued.
f. Abandonment. Abandoned trailers shall not be permitted on the site.
g. Unsafe structure. If the building permit for the primary structures have expired, and no
further permits have been issued for six months, the trailer shall be removed from the
property immediately. Any trailers which have been abandoned under these provisions
shall be considered an unsafe structure and shall be abated pursuant to this chapter.
(29) Wireless antenna support structures, amateur radio antennas. Subject to the all requirements
as a principal use as set forth in section 34-288.
(3018) Mobile medical, professional unit. Mobile medical facilities or other self- contained facilities
that travel to several locations, are at the location for a period greater than 24 hours, and
provide medical or other professional services shall be required to comply with the following:
a. Special permit. Receive a special permit that is renewed annuallyAn approved Certificate
of Use shall be required in order to operate within the City limits.
b. The application for Certificate of Use shall include a Ssite plan. Provide a site plan for
outlining all locations indicating where the unit shall be placed on the site.
c. Visitation.The application for Certificate of Use shall
frequency of visits to the various locations.
Sspecify the length of time and
d. The unit shall be remain at on each site no longer than 30 days from the date permit is
issued. Units shall visit the same site no more than six times a year.
d. Mobile pain management clinics, as herein defined, shall be prohibited.
(3119) Gatehouses, guardhouses, manned, unmanned. Structures providing shelter and
operations for as a gatehouse, guardhouse, whether manned or unmanned shall be setback a
minimum of 25 feet from the right-of-way line or located as to allow adequate auto stacking off
the public rights-of-way whichever distance is greater. Said structures shall not obstruct safe
sight distance triangles, and shall not be included in the computation of common open space,
but shall be computed towards lot coverage.
(32) Awnings, canopies, carports, roof overhangs, balconies, architectural structures. The following
minimum standards shall apply:
a. Awnings. On residential buildings thereof awnings shall not encroach more than five and
one-half feet into the required yard setback area, and shall not protrude closer than two
feet from any property line. On nonresidential buildings awnings shall not encroach more
than nine feet into the required yard setback area, and shall not protrude closer than two
feet from any property line.
b. Canopies. Canopies shall be permitted to encroach into the required yard setback area
providing they are no closer than two feet from any property line.
c. Carports. When attached to the principal structure and constructed of a masonry material,
carports shall maintain the same yard setbacks as required for the principal structure.
When detached and constructed of fabric, aluminum or other nonmasonry material
carports shall maintain a minimum yard area setback as set forth in article XI, table 1.
d. Roof overhangs and balconies. On all buildings, roof overhangs and balconies shall not
encroach more than four feet into the required yard setback area, and shall not protrude
closer than two feet from any property line.
e. Architectural features. On single-family residential, duplex, or townhouse unit lots,
architectural features shall not encroach into the required yard setback areas more than 75
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percent of the required yard setback areas. Such features shall not exceed more [than] 20
percent of the building height.
(20) Awnings. The following minimum standards shall apply:
a. Awnings may be used to enhance or complement the architecture of a building and used to
reflect window and door openings beneath them. Long expanses of awnings are
discouraged.
b. When awnings are used for business identification, the percentage of text and graphics shall
count toward the maximum wall sign area. Text and graphics shall be allowed up to 2/3 of
the face of the awning up to a maximum of 20% of the total exterior face and balance
(vertical hanging flap) of the awning. Backlit awnings are not permitted.
c. There should be a minimum 8 feet clearance above the ground which the awning projects.
d. Awnings shall be maintained and kept in good order and repair. Awnings which are found
to be in disrepair shall be subject to removal or replacement.
(21) Carports.
a. Shall be attached to the principal structure.
b. When constructed of a masonry material, carports shall maintain the same setbacks as
required for the principal structure. When constructed of aluminum or other non-masonry
material carports shall maintain minimum setbacks as set forth in Section 34-342, Table
1.
c. Carports shall screen the vehicle from view with the use of a wall, approved opaque
fence or combination of fence and landscaping that provides a complete visual screen on
two (2) sides and utilize a permanent roof. Fabric carports shall not be permitted.
d. A carport shall shelter no more than two (2) vehicles in tandem and shall not be more
than 24 feet long.
(22) Encroachments of Awnings, canopies, carports, roof overhangs, balconies,
architectural structures.
a. Awnings. On residential buildings, awnings shall not encroach more than five and one-
half feet into the required yard setback area, and shall not protrude closer than two feet
from any property line. On non-residential buildings awnings shall not encroach more
than nine feet into the required yard setback area, and shall not protrude closer than two
feet from any property line.
b. Canopies. Canopies shall be permitted to encroach into the required yard setback area
providing they are no closer than two feet from any property line.
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c. Roof overhangs and balconies. On all buildings, roof overhangs and balconies shall not
encroach more than four feet into the required yard setback area, and shall not protrude
closer than two feet from any property line.
d. Architectural features. On single-family residential, duplex, or townhouse unit lots,
architectural features shall not encroach into the required yard setback areas more than
75 percent of the required yard setback areas. Such features shall not exceed more than
20 percent of the building height.
e. Encroachments for development located within PCD and the Entertainment Overlay shall
also comply with Section 34-589.
f. Encroachments are subject to approval by the Zoning Official or designee and to an
encroachment agreement.
(3323) Drive-thru facilities. Drive-thru facilities may be permitted subject to site plan review and
approval, of which review shall include, but not be limited to, adequate access, vehicle stacking
spaces, pedestrian safety, traffic circulation and other factors to minimize interruption and
maintain traffic circulation and access to the site. In addition, the following requirements shall
apply:
a.Drive-thru facilities shall require a by-pass lane
b.Drive-thru facilities shall only be permitted on stand-alone parcels with a minimum lot size of
35,000 square feet or greater.
(34) Mobile car (automobile) wash/wax service. Mobile car wash/wax means any type of
vehicle or apparatus that is used to wash motorized vehicles that is ambulatory and is not
permanently affixed to real property. Mobile carwash/wax vendors shall be governed by the
following regulations:
(a) Mobile service vendors may operate from 8:00 a.m. to 7:00 p.m. No mobile service vendor
shall station itself upon any public street or right-of-way. Neither shall any mobile service
vendor station itself upon any private property except with the express permission of the
owner thereof and in a manner, which does not impede the flow of traffic in public streets
or rights-of-way nor block pedestrian access to public streets or rights-of-way.
(b) All mobile service vendors must provide for their own trash and garbage removal such that
no trash or garbage remains on the premises upon which the vending was conducted.
(c) No property owner may permit mobile carwash vendors to operate on their property for
longer than four hours, or operate on site more than two times per week.
(d)No signage, other than normal commercial graphics painted upon the actual mobile service
vehicle, shall be permitted.
(e) With approval from the city, an exception to (c) above may be made for mobile service
vendors who are stationed within approved parking structures.
(f)Mobile service vendors must operate from four-wheel motorized vehicles registered in the
State of Florida.
(g)Mobile car washes are not permitted within the city limits unless the mobile vehicle is
equipped with an approved industrial wastewater transportable treatment system and has
been issued a city business license.
(h) No steam cleaning, solvents, and/or degreasers may be
used. (i) No run-off into the stormwater utilities is permitted.
(j) If soap is used, any run-off must be negligible and contained on private property.
(k) Mobile car wash/wax services shall not be permitted to operate within 1,000 feet of a car
wash/wax service with a fixed business located within the city, and that has a valid
business tax receipt and certificate of use.
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(24) Ice and Propane Storage. Ice and propane storage shall only be permitted as an accessory use
for vehicle fueling stations, grocery stores, food specialty stores, drug or pharmacy stores, big
box stores, or home improvement stores subject to the following:
(a) Ice and propane storage shall be placed against the exterior of the principal building and
cannot encroach into any public right-of-way, required setbacks, ADA accessible routes,
or required parking spaces.
(c) Ice machines or propane storage enclosures shall be neutral in tone or color, or blend
with the palette of the principal building.
(d) Ice and propane storage shall require a separate Certificate of Use. A site layout plan
shall be provided with the application showing the location of the ice and propane storage
area and demonstrating compliance with the requirements outlined above.
(25) Home occupation office. A home office shall be permitted as an ancillary use to all
lawful residential uses subject to the following limitations:
(a)The home occupation shall be clearly incidental and secondary to the residential use of
the building and shall be confined to no more than ten percent of the total floor area of
the dwelling.
(b) The home office shall not be conducted in any accessory building or other structure
detached from the residence.
(c) The home office use must be conducted by a member of the household residing in the
dwelling unit, and no person shall be employed at any time in connection with the
home office use who is not a member of the household residing in the dwelling.
(d)No sign relating to the home office may be posted or displayed on the site and no
vehicle with any sign displaying the home office use or home office residential
address, which might serve to indicate that the dwelling unit is being used for a home
office, may be located on the site.
(e) No customer, vendor, client or patron shall be served in person on the site, nor shall
the home office use be conducted in such a way so as to necessitate the presence of
suppliers or patrons on the site; with the exception of deliveries customary to
residential use.
(f)There shall be no display, manufacturing, distribution, or repair of any type of
materials, merchandise or other products on the premises.
(g)Storage of business related items shall be confined to the home office area. Storage of
hazardous or flammable materials is prohibited. Outdoor storage or display of goods is
likewise prohibited.
(h)There shall be no change in the outside residential character of the building or
premises to accommodate the business.
(i) The business must not emit noise, sounds, smoke, fumes, odors, vibrations or
interference that would create a nuisance to abutting properties or the surrounding
neighborhood. No public health or safety risks may be created by the home based
business.
(j) Only one (1) home office is permitted at any one time in a dwelling
unit. (k) Commercial vehicle parking shall be in compliance with Section 34-
389.
(l) An annually renewable business tax receipt (BTR) and certificate of use (CU) shall be
required in order to operate a home office.
(m) No variances shall be granted through the provisions of any other applicable
regulations, which would conflict with or vary the provisions of this Section.
ARTICLE XII. ‐ OFF‐STREET PARKING, LOADING AND VEHICULAR CIRCULATION REQUIREMENTS
Sec. 34‐388. ‐ Commercial, recreational, boats and vessel parking areas.
In addition to words and terms defined herein this chapter, the following words and terms shall be
used in the interpretation of parking of commercial vehicles:
(1) The term "commercial vehicle" means any vehicle which is used in connection with a business,
whether with or without signage or identification of such business; and or is designed or used
for the carriage of goods, or designed or equipped with a connecting device for the purpose of
drawing a trailer, that is attached or coupled thereto by means of such connecting device and
includes any such motor vehicle that has been added, a cabinet box, a platform, a rack, or other
equipment for the purpose of carrying goods other than the personal effects of the passengers.
(2) The term "recreational vehicle" means a vehicle designed for off-road recreational operation
such as a "dune buggy" or a "swampbuggy," or as temporary living quarters for recreational,
camping, or travel use which either has its own motive power or is mounted on or drawn by
another vehicle, specifically including a travel trailer, camping trailer, truck camper, and or motor
home;, and excluding a park trailer mobile home.
(3) The term "boat" means a "vessel" as defined by F.S. § 327.02(27), as amended, including a
boat trailer thereof, excluding a vessel less than 12 feet in length and less than two feet in
height. Boats parked or stored in a residential district shall not exceed 25 feet in length.
(4) The term "heavy truck, as defined in F.S. § 320.01(10), means any motor vehicle with a net
vehicle weight of more than 5,000 pounds, and is registered on the basis of gross vehicle weight
in accordance with F.S. § 320.08(4), and is designed or used for the carriage of goods or
designed or equipped with a connecting device for the purpose of drawing a trailer that is
attached or coupled thereto by means of such connecting device and includes any such motor
vehicle that to which has been added, a cabinet box, a platform, a rack, or other equipment for
the purpose of carrying goods other than the personal effects of the passengers.
(5) The term "Private passenger van, utility van, or private passenger pickup truck” means any
private passenger van or private passenger pickup truck having a scale weight (vehicle only) of
five thousand (5,000) pounds or less and used solely for personal activities; however, any such
vehicle (including automobiles) with outside lettering displaying information identifying a
business or other non-personal use of any kind, for the purpose of this section, shall be
determined to be a commercial vehicle regardless of scale weight, and shall be subject to
parking restrictions in residential zoning districts.
(5)The term "gross vehicle weight (GVW)," as defined in F.S. § 320.01(12), means:
a.For heavy trucks with a net weight of more than 5,000 pounds, but less than 8,000 pounds,
the gross vehicle weight is calculated by adding the net weight of the heavy truck and the
weight of the load carried by it, which is the maximum gross weight as declared by the
owner or person applying for registration.
b. For heavy trucks with a net weight of 8,000 pounds or more, the gross vehicle weight of the
heavy truck, including the gross weight of any trailer coupled thereto. The gross vehicle
weight is calculated by adding to the gross weight of the heavy truck to the gross weight of
the trailer, which is the maximum gross weight as declared by the owner or person
applying for registration.
c. The gross weight of a truck tractor and semi-trailer combination is calculated by adding the
net weight of the truck tractor to the gross weight of the semi-trailer, which is the maximum
gross weight as declared by the owner or person applying for registration; such vehicles
are coupled by means of a fifth wheel arrangement whereby part of the weight of the semi-
trailer and load rests upon the truck tractor.
(6) The term "prohibited vehicle" means:
A heavy truck;
A recreational vehicle greater than 25 feet in length
A boat, vessel or boat trailer greater than 25 feet in length
A mobile home; except as permitted per section 34-287 of this chapter.
A trailer or semitrailer (excluding a boat trailer), travel trailer and camping trailer, of a length of
greater than ten feet;
A truck tractor;
A bus;
A dump truck;
A park trailer;
A tow truck
A semi‐truck with or without a trailer
Inoperable vehicle;
Machinery, including, but not limited to, front-end loaders, back hoes, tractors and bulldozers;
and
Any other motor vehicle that has been modified from its original design such that it includes any
of the features of the above-enumerated prohibited vehicles.
(7) The term "screened" means significantly hidden from view from grade level by a structure or
other means including but not limited to buildings, fences, walls, hedges, and other landscaping
material, or any combination thereof.
Sec. 34‐389. ‐ Commercial, recreational, boats and vessel vehicle parking in residentially zoned properties
restricted.
(a) Prohibited. No prohibited vehicle shall be parked or stored in any residential district within the city on
either public or private property including but not limited to a yard, setback area, public right-of-way,
swale or parkway. Any commercial vehicle over five thousand (5,000) pounds, including private
passenger van, utility van or private passenger pick-up identifying a business or intended for non-
personal use of any kind, shall also be prohibited from residential zoning districts.
(b) Permit required. Commercial, recreational, boats, vessels vehicles parked or stored in a residential
district may be permitted with a valid overnight parking permit from the city which shall be obtained
for up to two vehicles or vessels parked in residentially zoned properties; subject to the following: A
maximum of one (1) overnight parking permit may be issued per platted lot within a residential
zoning district, subject to the following requirements:
(1) The vehicle or vessel is must be owned by the occupant of the residential property and the
registration must be current; proof of ownership, registration and residency shall be required as
part of the application submittal.
(2) The vehicle or vessel shall remain Uunoccupied and uninhabited while parked or stored on the
residential property;
(3) The vehicle or vessel shall be Mmaintained in a neat and operable condition, provided that
major repairs including but not limited to repairs of the internal engine, rear end, transmission,
exhaust system, body and chassis shall not be performed while parked or stored on the
residential property;
(4)Currently registered, licensed or permitted by the appropriate governing authority; and
(5) Parking permits shall remain valid providing the permit is renewed before October 1 of each
subsequent year commencing 2014. Permits applied for or renewed after August 1 of each year
shall be valid until September 30 the following year.
(4) Overnight parking permits shall have the same expiration date as the vehicle registration and
shall be required to be renewed each year.
(c) Vehicles or vessels shall be parked or stored on in the rear yard at least 10 feet from all property
linesprivate residential property in the most preferred available location. Vehicles or vessels shall not
be visible from the right-of-way. In order of preference, the available locations are:
(1) Garage, carport, rear yard or side yard behind the front building
line; (2) Rear setback;
(3) Side setback behind the front building line: For multifamily uses of four dwelling units or more,
available location shall include a parking space in a parking lot used in common by the
occupants of the multifamily structures.
(d) Vehicles parked or stored on residential property shall be screened from the view of abutting
properties and, for corner lots, from the public right-of-way abutting the side property line by a wall or
opaque hedge a minimum of six (6) feet in height, meeting the approval of the Zoning Administrator
or designee.
(e) Commercial vVehicles orand vessels may shall be parked or stored in residential properties a front
yard or setback only if the surface consists of a smooth nondusting surface including concrete,
paver-blocks, turfstone, asphalt, tile and brick and complies with the standards specified by the city
engineering and public works department. All other vehicles may be parked or stored in a side or
rear setback or yard on a grass surface.
(f) Exceptions. Vehicles providing a service, including the delivery of goods and merchandise, repairs
and maintenance, or otherwise engaged in work in a residential district, may park along a public
right-of-way or on residential property for the duration of the service or work but not to exceed 12
hours in any 24-hour period. Longer periods may be permitted by the administrative official in the
best interests of the occupant of the residential property and of the neighborhood.
These requirements shall not supersede more stringent restrictions contained in any deed, condominium
document or similar private instrument.
Sec. 34‐390. ‐ Temporary cCommercial, recreational, boat and vessel vehicle parking in industrially zoned
properties restricted.
Except as permitted in section 34-391, tThe temporary parking of commercial vehicles in industrially
zoned areas shall be permitted subject to compliance with the following:
(1) The vehicle shall have a valid motor vehicle, truck registration, heavy truck or any and all other
required motor vehicle registration with the state;
(2) The vehicle shall be operable;
(3) The vehicle shall be parked in a designated and paved private parking space;
(4) The vehicle shall not encroach on rights-of-way, sidewalk or landscaped areas;
(5)A valid overnight parking permit from the city shall be obtained for the subject property.
Sec. 34‐391. – Commercial, recreational, boat and vessel vehicle parking in EO, PCD, NC, industrially zoned
properties permitted.
(a) The parking of commercial vehicles in EO Entertainment Overlay, PCD Planned Corridor
Development, and NC Neighborhood Commercial and I Industrial zoned properties shall be
permitted subject to compliance with the following:
(1) The vehicle shall have a valid motor vehicle, truck registration, heavy truck or any and all other
required motor vehicle registration with the state;
(2) The vehicle shall be operable;
(3) The vehicle shall be registered to or directly related to a business operating on the premises;
(4) The business related to the vehicle in question shall have a valid certificate of use;
(5) The vehicle in question shall be used on a regular basis to carry out the transportation needs of
the business;
(6) The vehicle shall be parked in a designated and paved private parking space; parking of
commercial vehicles shall be located at the rear of the business. If no rear parking is available
for the business, the commercial vehicles shall be parked as far away as possible from any
street right-of-way.
(7) The vehicle shall not encroach on rights-of-way, sidewalk or landscaped areas.
(6) Size of commercial vehicles is limited to vehicles having a scale weight (vehicle only) of five
thousand (5,000) pounds or less.
ARTICLE XIX. ‐ DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 34‐732. ‐ Definitions of terms.
Definitions directly associated with landscaping and signage are found in this section.
Abandonment means a discontinuation of a nonconforming use beyond the relevant time limitation
set forth in this chapter as where the user has not actively and diligently sought to continue the use or the
necessary equipment for the use, if any, has not been continuously maintained on the property.
Accessory building or structure means a building or structure that is customarily co-located on the
same lot with the principal building or structure, and which is incidental and subordinate in purpose,
dimension, area, and extent to the principal building or structure.
Accessory use means a use that is customarily co-located on the same lot with the principal use and
which is incidental and subordinate in purpose, dimension, area, and extent to the principal use.
Accessway means a means of vehicular or pedestrian approach, entry to, or exit from public or
private property.
Acre, gross, means 43,560 square feet of land area, which includes contiguous, private property
under the same ownership and adjoining right-of-way or ingress/egress easement dedicated from such
private property, measured to the street centerline.
Acre, net, means 43,560 square feet of contiguous, private property under the same ownership.
Adjacent means separated only by a right-of-way for a street, alley, primary power transmission
lines, railroad, or a waterway.
Administrative official means the planning and zoning department director or other administrative
official designated by the city manager. The term includes designees of the administrative official.
Advertising means any form of public announcement intended to aid, draw the attention to, directly or
indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.
Alcoholic beverage establishment means any establishment which has as part of its primary
business operation, the consumption, sales and service of alcoholic beverages for consumption on and
off the premises.
Alcoholic beverage means distilled spirits and all beverages containing 0.5 percent or more alcohol
by volume or as may be defined by F.S. § 561.01(4). The percentage of alcohol by volume shall be
determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with
the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.
Alcoholic beverage, sales of, means any transfer of an alcoholic beverage for a consideration, any
gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an
alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under
the state's beverage law.
Alley means a minor driveway or roadway which is used primarily for vehicular service access to the
back or the side of properties otherwise abutting on a street.
Amusement restaurant/bar means any restaurant or bar that provides activities for patrons such as
billiards, games, sports, computer gaming, internet, and other similar activities. The term "amusement
restaurant/bar" shall not include restaurants/bars or eating establishments accessory to a casino gaming
or racetrack facility.
Anchor tenant means the major tenant/occupant of a building, property or development.
Animal boarding means the keeping of domesticated animals for periods of time exceeding 24
consecutive hours, and which may include the provision of care and grooming services, but does not
include the breeding or training of the animals.
Animal hospital means a facility that provides for the medical and surgical care of animals, including
but not limited to outpatient and boarding services.
Animated sign. See Sign, animated.
Antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves,
which includes but is not limited to telephonic, radio and television communications.
Antenna dish means an antenna (satellite dish) with a concave shape used for the reception and/or
transmission of radio and/or telecommunication signals to and from satellites.
Antenna tower means a structure used to support an antenna at a height above the ground.
Applicant means the owner of record, the owner's agent, or any person with a legal or equitable
interest in the property which is subject to the proceeding.
Application for development permit means an application submitted to the city requesting the
issuance of a development permit.
Arterial street means streets designated as arterials on the functional roadway classification map of
the CDMP, as follows:
(1) N.W. 57th Avenue (Red Road).
(2) N.W. 47th Avenue.
(3) N.W. 37th Avenue (Douglas Road).
(4) N.W. 27th Avenue.
(5) N.W. 22nd Avenue south of N.W. 183rd Street.
(6) N.W. 2nd Avenue (SR 7/US 441).
(7) Palmetto Expressway frontage road.
(8) N.W. 215th Street (County Line Road).
(9) N.W. 199th Street (Dan Marino Boulevard).
(10) N.W. 183rd Street (Miami Gardens Drive).
Automobile means a motor vehicle designed, marketed and commonly used by the general public for
personal, noncommercial transportation on public streets, including a car, pickup truck, motorcycle, sports
utility vehicle, or minivan. Mobile homes, trailers and recreational vehicles are not automobiles for
purposes of these regulations.
Awning means a roof-like cover, often of fabric, metal, or glass, designed and intended for protection
from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure
over a window, walk, door, or similar aperture.
Billboard. See Sign, billboard.
Board, for the purpose of the quasi-judicial procedures of section 34-44, means the city council or
other board considering the application and having final jurisdiction within the city related to such order.
Boat means any watercraft or airboat used or capable of being used as a means of transportation on
water.
Buffer means an area of landscape open space which is used to screen differing land uses or
improvements from each other or from adjacent properties.
Buffer, landscape, means an area of land measured horizontally, which is improved with landscape
materials separating two distinct land uses, lots or a land use and a public right-of-way. It acts to soften or
mitigate the effects of one land use on the other.
Buffer, perimeter landscape, means an area of land which is set aside along the perimeter of a
parcel of land in which landscaping is required to provide an aesthetic transition between different land
uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts.
Buffer, transitional, means a strip of land measured horizontally between two different land uses,
containing a combination of wall and landscape material designed to provide a screen to lessen the
negative visual and auditory impacts between the uses.
Build-to-line, means a building setback line established at a specified distance from the right-of-way
along which the wall of a principal building that faces such right-of-way shall be located for at least the
lower three stories.
Building, means an structure having a roof supported by columns or walls and intended for the
shelter, housing or enclosure of any person, animal, property or use, and meeting the definition of
"building" provided in the building code.
Building code, means the Florida Building Code, inclusive of Miami-Dade County amendments.
Building and roofed structure height. When height is measured in feet, height shall be the vertical
distance measured from grade to the midpoint of sloped roofs, and to the roof deck on flat roofs A flat roof
shall be considered a roof that has a slope of less than seven degrees with the horizontal.
Building permit means a permit issued by the city pursuant to the provisions of the building code.
Building, principal, means a building that is occupied by, or devoted to, a principal use, as well as a
proposed addition to an existing principal building that is the same size or larger than the existing
building.
Building setback. See Setback.
Canopy, means a roof-like cover or awning that is supported by, and projects from, the wall of a
building.
Capacity, means a quantitative measure of the ability of a public service or facility to provide for use
of the service or facility.
Capital improvements element means the capital improvements element of the CDMP.
Carport, means an accessory structure or a portion of a main structure designed for the storage of
motor vehicles that may include a roof structurally attached to the primary building, and does not have
walls on two or more sides.
Certificate of concurrency exemption means a certificate issued by the planning and zoning
department pursuant to this article evidencing that a project is exempt from concurrency review.
Certificate of concurrency reservation means a certificate issued by the planning and zoning
department pursuant to the terms of this article evidencing that required public facility capacity has been
reserved so that levels of service shall be adequate for the project for which the certificate of concurrency
reservation is issued.
Certificate of use and occupancy (CO) means a document that is issued by the city to authorize the
use and occupancy of a building as required in this chapter.
Charter means the Charter of the City of Miami Gardens, Florida.
City means the City of Miami Gardens, Florida.
City attorney means the city attorney of the City of Miami Gardens or designee.
City clerk means the city clerk of the City of Miami Gardens or designee.
City council means the city council shall mean the city council of the City of Miami Gardens.
City manager means the city manager of the City of Miami Gardens or designee.
Clear trunk means the point above the root ball along the vertical trunk or trunks of a tree at which
lateral branching or fronds begin.
Collector street means a street that carries traffic from local streets to arterial streets, or connects
arterial streets, and designated on the functional roadway classification map of the CDMP as collector
streets:
(1) N.W. 47th Avenue south of the Palmetto Expressway.
(2) N.W. 42nd Avenue.
(3) N.W. 32nd Avenue.
(4) N.W. 22nd Avenue north of N.W. 183rd Street to N.W. 191st Street.
(5) N.W. 17th Avenue between the Palmetto Expressway and N.W. 183rd Street.
(6) N.W. 12th Avenue.
(7) N.W. 13th Avenue (south of the Palmetto Expressway).
(8) N.W. 7th Avenue.
(9) N.W. 215th Street east of N.W. 2nd Avenue.
(10) N.W. 191st Street west of N.W. 27th Avenue and east of N.W. 12th Avenue.
(11) N.W. 173rd Drive west of S.W. 12th Avenue.
(12) Palmetto Expressway frontage road (eastbound and westbound) between N.W. 12th/13th
Avenues and N.W. 17th Avenue.
(13) N.W. 156th Street between N.W. 47th Avenue and N.W. 42nd Avenue.
(14) N.W. 151st Street.
Colonnade means a roof extending from a building over the sidewalk, open to the street and
sidewalk, and supported on the open side by columns or piers.
Commencement of construction. See Construction, commencement of.
Commencement of development means receipt of a validly issued building permit and the initiation of
site improvements not including soil preparation such as land clearing, land filling and soil compaction.
Commercial means engaged in a business, enterprise, activity or other undertaking for profit.
Commercial zoning district. See District, commercial.
Commercial vehicle. See Vehicle, commercial.
Completion of construction. See Construction, completion of.
Competent substantial evidence means evidence that a reasonable mind could accept as adequate
to support a conclusion.
Comprehensive development master plan means the City of Miami Gardens comprehensive
development master plan adopted by the city council.
Concurrency determination means a document issued by the planning and zoning department
stating that there appears to be sufficient public facility capacity so that designated levels of service shall
be adequate for the project for which the concurrency determination is issued. A concurrency
determination reserves no public facility capacity and is in no way binding on the city.
Concurrency reservation means the act of setting aside a portion of available infrastructure capacity
necessary to accommodate valid intermediate or final development orders.
Concurrency statements means written reports issued by concurrency review agencies summarizing
existing and anticipated levels of service for those public services and facilities potentially affected by a
proposed development subject to a request for development order. The concurrency report shall analyze:
(1) Whether public facilities and services meet or exceed the standards established in the capital
improvements element of the comprehensive development master plan; and
(2) Whether the requested development order, if approved, would result in a reduction in the level
of the service for affected public services and facilities below the level of service standards
provided in the comprehensive development master plan. This report may be included in any
other timely report or recommendation of the agency which is required by statute, ordinance or
regulation.
Conditional certificate of concurrency reservation means a certificate issued by the planning
department in conjunction with a development agreement that is approved by the city's administrative
official, evidencing that:
(1) All available public facility capacity to serve a proposed project has been reserved, but such
capacity is not adequate to serve the proposed project;
(2) The additional public facility capacity needed for the proposed project may be assured by an
executed development agreement; and
(3) A request by the applicant has been made for consideration and approval by the city
commission of a development agreement concurrent with an application for a final development
order.
Condominium means a form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common with
other owners.
Construction, commencement of, means the first placement of permanent evidence of a structure on
a site pursuant to a duly issued building permit, such as the pouring of slabs or footings. Permanent
construction does not include the installation of streets, walkways or other infrastructure, nor does it
include excavation or erection of temporary forms.
Construction, completion of, means construction shall be completed upon issuance of a certificate of
occupancy or certificate of completion, as appropriate.
Councilmember means a member of the City of Miami Gardens city council. For the purposes of the
quasi-judicial procedures in section 34-44, the term "councilmember" shall also mean a member of any
other board that is hearing an application that is subject to quasi-judicial procedure.
County means Miami-Dade County.
County road ordinances means Miami-Dade County ordinances, which, taken together, impose
countywide traffic performance standards upon certain roadways located within the city.
Cul-de-sac; dead-end street means a minor street that terminates at one end with a turnaround.
Delegation of authority. Wherever in this chapter reference is made to a city officer, a city employee
or a city agency, the reference shall include the subordinates of such officer, employee or agency duly
designated or authorized to perform the duties or responsibilities of such officer, employee or agency;
provided, however, that nothing contained herein shall be construed to relieve any officer or employee of
the responsibility for the proper performance of the duties or powers of his position.
De minimis impact means the automotive traffic generation impact of a development activity within
the urban service area that:
(1) Would not exceed more than 0.1 percent of the maximum traffic volume at the adopted level of
service standard of the affected transportation facility or facilities; and
(2) Is caused by an increase of less than or equal to twice the density or intensity of the existing
land use within a single ownership.
On vacant land, proposed residential development at a density of less than one dwelling unit per quarter
acre, and proposed nonresidential development at an intensity of 0.1 or less F.A.R. shall automatically be
considered de minimis. De minimis exceptions shall be permitted within the urban service area. An impact
is not de minimis if the cumulative total of the de minimis impacts, from both improved and vacant
properties exceeds three percent of the maximum volume at the adopted level of service standard of the
affected transportation facility.
Density means a measure of residential intensity that is expressed in "dwelling units per acre"
(du/ac). Density is calculated by dividing the number of dwelling units by the area of the lot expressed in
acreage. The acreage of land area used in density calculations is the gross acreage, unless otherwise
specified in these regulations.
Developer means any person or entity undertaking development.
Development means the act of undertaking development, as defined in F.S. § 380.04. Also used as
a noun in reference to a development site under unified control and all of its existing or planned and
approved improvements.
Development agreement means an agreement entered into between the city and a developer for the
purpose of assuring the city that the developer shall provide required public facility capacity. The term
"development agreement" includes, but is not limited to, agreements authorized pursuant to F.S. §§
163.3220 and 380.01 et seq., both as amended from time to time.
Development order means any order granting, denying, or granting with conditions an application for
a development permit.
Development order, final, means any development order which results in a quantifiable impact on
public facilities, including, without limitation, a building permit, a site plan approval, a development order
approving a development of regional impact or a Florida quality development, rezonings for planned
developments, developments of significant impact and major amendments thereto, major subdivision
approvals, all minor amendments to approvals, and special exception use permits.
(1) Preliminary subdivision plat approval;
(2) Final subdivision plat approval;
(3) Final site plan approval;
(4) Approval of a PD concept plan;
(5) Approval of a PD final development plan; or
(6) Building permit.
Development order, preliminary, means any development order other than a final development order,
including, without limitation, a rezoning other than for a planned unit development or development of
significant impact, a zoning code amendment, a comprehensive development master plan amendment,
an annexation, an abandonment, revocable permits, and a zoning variance.
Development permit means any official action of the city having the effect of permitting development,
including, without limitation, any building permit, zoning permit, subdivision approval, rezoning (including
rezonings for planned developments), certification, special exception, variance, or any other official action
of the city having the effect of permitting the development of land.
Dimensional nonconformity means a use that does not meet any of the following standards as set
forth in this chapter:
(1) Minimum yard size;
(2) Minimum structure or use setback;
(3) Maximum lot coverage by buildings;
(4) Maximum height for structures;
(5) Maximum floor area ratio;
(6) Maximum impermeable surface;
(7) Limitations on lighting;
(8) Limitations on the number of ingress and egress points or lanes;
(9) Limitations on grades or slopes;
(10) Limitations on mechanical and utilities equipment;
(11) Limitations on plant material;
(12) Other maximum or minimum limitations.
Dissimilar land uses means proximate or directly associated land uses which are contradictory,
incongruous, or discordant such as higher intensity residential, commercial or industrial uses located
adjacent to lower intensity uses or where one use poses or creates a detrimental impact to abutting uses.
Undeveloped land without an approved or established use shall not be considered dissimilar to abutting
properties until such time it is determined when use is approved or established.
District, commercial, means the NC, Neighborhood Commercial District.
District, industrial, means the I-1 and I-2 Industrial Districts.
District, mixed-use means the PCD, Planned Corridor District.
District, nonresidential, means the OF, Office District; the GP, Government Properties District; the
AU, Agricultural and Utilities District; and all commercial and industrial districts.
District, residential, means the R-1, Single-Family Dwelling Residential District; the R-2, Two-family
Dwelling Residential District; and the R-15, R-25 and R-50 Multiple-Family Dwelling Residential Districts.
Drive-through; drive-through service; drive-through facility means an establishment or portion thereof
that provides parking, standing or cueing/stacking spaces for motor vehicles for the purpose of providing
products or services to patrons while they remain within their motor vehicles. May include, by way of
example, one or more service windows, a pneumatic tube delivery system, or a computer terminal or
similar device, through which payment is made, and the product or service is provided.
Driveway means:
(1) The paved area leading from the edge of a street pavement to the street line for the purpose of
connecting an off-street vehicular use area with a street;
(2) A circulation element of off-street vehicular use areas that provides access to off-street parking
spaces from a street or alley;
(3) In relatively large multiple-family and nonresidential developments that have, or are required to
have, a hierarchy of on-site vehicular circulation elements, a driveway is a paved surface that
connects access aisles, fire zones, drop-off areas and loading spaces, but generally does not
provide direct access to parking spaces.
Dumpster means a temporary movable refuse container of one cubic yard or larger.
Dwelling means a building or portion thereof designed or used exclusively for residential occupancy,
but not including trailers, campers, mobile homes, hotels, motels, motor lodges, boarding houses, or
tents.
Dwelling unit means a building or portion thereof used as a dwelling exclusively for one family, in
which all living rooms are accessible to each other from within the building, and which contains living
areas, sleeping quarters, cooking facilities, sanitation, heating and air conditioning independent of those
for any other family.
Dwelling, multifamily, means a building containing three or more dwelling units, other than a
townhouse dwelling.
Dwelling, two-family; duplex, means a building containing two attached dwelling units for occupation
by two separate and distinct families.
Dwelling, single-family, means a building containing a single dwelling unit, situated on its own lot.
Shall mean the same as single-family detached dwelling unless the context specifies otherwise.
Dwelling, single-family attached. See definition for dwelling, townhouse.
Dwelling, single-family detached, means a single-family dwelling that is not attached at any point to
an adjacent dwelling.
Dwelling, townhouse, means a building containing at least three single-family dwelling units that are
attached via party walls (fire-rated and load-bearing), with each unit having a front yard and a rear yard
and situated on a platted lot or record. Means the same as dwelling, single-family attached.
Easement or servitude means a strip reserved by the subdivider for public utilities, drainage and
other public purposes, the title to which shall remain in the property owner, subject to the right of use
designated in the reservation of the servitude.
Entertainment means artistic performance by live actors, singers, dancers, musicians, comedians,
poets or any other type performances; disc and video jockeys; mechanical or electronic audio or visual
presentation; attractions and activities to create the ambience for dancing.
Entry features means a combination of elements including signs, landscaping, and other
architectural elements placed to one or both sides of a roadway or entranceway of a property and/or
development, either nonresidential, residential, or mixed-use.
Excavation means the digging, stripping or removal by any process of natural materials or deposits
from their natural state and location, said materials and deposits to include rock, stone, minerals, shell,
sand, marl, muck and soil, but not including sod. Excavation as used herein shall not include digging for
foundations, fences, structures or incidental to construction work, wherein no materials are removed from
the premises, except surplus not required for backfill or grading of premises.
Existing development means lawfully existing structures that were approved through the issuance of
a certificate of use and occupancy or a certificate of completion as of the effective date of any provision
that uses the term.
Ex-parte communication means any written, oral, or graphic communication with a councilmember
that may directly or indirectly relate to or which could influence the disposition of an application, other
than those made on the record during a quasi-judicial proceeding.
Expert means a person who is qualified in a subject matter by knowledge, skill, experience, training,
or education.
Facade means the entire building wall including wall face, parapet, fascia, windows, door, and
canopy of an elevation of the building.
Family means any of the following living together as a single housekeeping unit in a dwelling unit:
one person; two or more persons related by legal adoption, blood or a licit marriage; a group of not more
than three unrelated persons who need not be related; or a group of persons that are disabled as defined
by federal law.
Final development order. See Development order, final.
Final plat . See Plat, final.
Finished floor elevation (FFE) means the elevation above N.G.V.D. of the lowest inhabitable floor of
a building.
First floor or story; ground floor or story means the story in a building that is located and/or
accessible at grade.
Flood criteria means the minimum finished elevation required for all lands as established and shown
on the flood criteria map recorded in Plat Book 53, pages 68, 69, and 70 of the public records of this
county as the same may be modified from time to time.
Floor area means the sum of the inhabitable horizontal area of all floors of all stories of a building or
structure under roof, including private garages, excluding basements and sub-basements, covered
parking and loading areas, and parking structures, elevator shafts, utility rooms. Enclosed floor area is
measured from the exterior face of exterior walls, and from the centerline of a wall separating two
buildings. In restaurants, gross floor area shall also include any outdoor or patio floor area used or
designed for use for customer service, whether or not under roof.
Floor area ratio (F.A.R.) means a ratio of the total floor area of a building to the total area of a lot or
site.
Geologic feature means a natural rock or mineral formation.
Grade, natural, means the finished ground level excluding berms or mounded areas.
Green building techniques means techniques intended to increase the efficiency with which buildings
and developed properties use resources such as energy, water and materials, and which reduce the
building's impacts on human health and the environment through techniques including, but not limited to,
better siting, design, construction, operation, and maintenance.
Hardscape means permanent non-vegetation landscape elements such as a trellis, arbor, fountain,
pond, garden sculpture, garden lighting, decking, patio, decorative paving, gazebo, and benches for the
purposes of landscape and beautification.
Height, unroofed structures, means the vertical distance measured from grade to the top of the
structure.
Impervious area means any area of land that has been modified to reduce its natural ability to absorb
and hold rainfall. Any placement of any nonorganic material which prohibits penetration by liquids or other
soluble materials results in the creation of an impervious area.
Improvements, required, means and includes, but is not limited to, paved streets, curbs and gutters,
paved sidewalks, paved alleys, water mains and distribution lines, sanitary sewer mains and feeder lines,
pump stations, storm sewers and drains, stormwater retention areas, guardrails, pavement marking and
traffic control signs, landscaping, permanent reference monuments, and permanent control points.
Inoperable vehicle means a vehicle or trailer, which is incapable of being lawfully operated on the
streets of the state, or is in a state of disrepair. A vehicle or trailer shall be deemed inoperative if one or
more parts which are required for the operation of the vehicle are missing, dismantled, inoperative or not
attached to the vehicle as designed. A vehicle or trailer without a license plate, with a license plate that is
not registered to that vehicle, a license plate without a registration sticker affixed to the license plate, or
that has a registration sticker that has been expired for a period of at least 90 days, shall be deemed to
be an inoperable vehicle.
Intervenor means an individual or group who, under the recognized legal principals of standing, can
demonstrate that they will suffer an adverse effect to a protected interest, such as health and safety,
police and fire protection service systems, densities or intensities of development, transportation facilities,
health care facilities, equipment or services, or environmental and natural resources. The alleged adverse
interests 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.
Keeper and proprietor means a person, firm, association, corporation, club and co-partnership,
whether acting by himself or herself or through a servant, agent or employee.
Kiosk means a freestanding structure upon which temporary information and/or posters, notices, and
announcements are posted, or a freestanding building with one or more open sides from which
commercial activities are conducted.
Kitchen means an area or room of a building designed or used for the cooking and preparation of
food that contains, as minimum equipment, cook top, sink and refrigerator.
Land use plan means the adopted City of Miami Gardens comprehensive development master plan.
Legally existing nonconforming site improvement means an improvement listed hereunder that was
lawful with respect to the standards and regulations in effect at the time of permit issuance, but that no
longer conforms to standards and regulations as a result of the adoption, revision or amendment of this
chapter. Site improvements include:
(1) Required parking and loading spaces;
(2) Required dumpster or other trash receptacle space;
(3) Required vehicle stacking spaces for drive-in services;
(4) Required access lanes for parking, loading, and trash receptacle spaces;
(5) Required emergency access lane;
(6) Required screening, landscaping, and related site improvements;
(7) Required building design characteristics;
(8) Required pedestrian circulation;
(9) Required overhead weather protection;
(10) Required signs;
(11) Required lighting; or
(12) Other site improvements that do not comply with one or more standards or requirements of this
chapter.
Legally existing nonconforming structure or building means a building or structure that was lawful
with respect to area, dimensions, placement, height, coverage, design, and any other applicable
regulation when permits were issued for the construction or improvement of the building or structure, and
which no longer conforms to such standards because of the adoption, revision or amendment of this
chapter.
Legally existing nonconforming use means a use of land, building or structure that was lawfully
established and has been lawfully maintained, but which is no longer conforms to the use regulations of
the district in which it is located as a result of the adoption, revision or amendment of this chapter.
Legally existing nonconforming lot means a lot that was lawful with respect to area, dimensions,
access, and any other lot regulation prior to the adoption, revision, or amendment of this chapter, and
which no longer conforms to the lot standards because of the said adoption, revision or amendment.
Legally existing nonconforming sign. See Sign, nonconforming.
Level of service (LOS) means an indicator of the extent or degree of service provided by or proposed
to be provided by a public facility based on and related to the operational characteristics of the public
facility.
Licensee means anyone or entity holding a valid certificate of use, business tax receipt from the city
and holding a valid state beverage license.
Limited access highway means a highway which permits no access except at authorized and
controlled points, the acquisition of rights-of-way for such highway usually including the acquisition of
access rights thereto. Access may also be limited through methods other than acquisition of access right.
Limited access line means a designated line across which there shall be no vehicular access.
Local planning agency means the local planning agency of the City of Miami Gardens, created
pursuant to F.S. ch. 163, part II, and charged with the duties set forth in article 720. The city council
serves as the city's local planning agency.
Local street means streets on the functional roadway classification map of the CDMP other than a
limited access highway, parkway, arterial or collector, which is used primarily for access to the abutting
properties.
Lot means a contiguous area of land, comprised of one or more lots of record or portion thereof,
intended to be used and/or developed as a single unit, or otherwise planned and developed with
infrastructure under unified control. May be also be referred to as "property," "land," or "site."
Lot of record means a parcel of land that is specifically delineated on a recorded plat or described by
a legally recorded deed.
Lot area, net, means the size of a lot in net acreage (see Acre, net ). Lot area requirements in this
chapter are always net acreage requirements unless otherwise provided.
Lot area, gross, means the size of a lot plus a portion of abutting right-of-way using gross acreage
(see Acre, gross ).
Lot, corner, means a lot abutting upon two or more streets at their intersection having an interior
angle of less than 135 degrees.
Lot coverage means the percentage of lot area under roof, calculated by dividing the horizontal area
of the lot covered by roof by the area of the lot.
Lot frontage means the horizontal distance between the side lot lines measured at the point where
the side lot lines intersect a right-of-way. All sides of a lot that abuts a right-of-way shall be considered
frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.
Lot lines means the legal boundary of a lot or property as specified by survey or plat.
Lot line, front, means the lot line abutting a right-of-way. On lots abutting more than one right-of-way
the administrative official shall determine the front lot line based upon the shape and orientation of the lot,
and the shape and orientation of adjacent lots and the orientation of the principal buildings thereon.
Lot line, rear. means the lot line with the shortest horizontal distance abutting another lot or property.
Lot line, side, means any lot line not designated as a front or rear lot line. A side lot line separating a
lot from a street is called a corner side lot line and a side lot line separating a lot from another lot is called
an interior side lot line.
Lot, multiple frontage, means a lot with street frontage on three sides. Any lot with street frontage on
all sides is classified as a block, and each lot line is a front lot line.
Lot, through, means an interior lot having frontage on two streets, other than a corner lot.
Mapped street means any approved street shown on an official map, or the projection of an existing
street through an unsubdivided parcel of land, whether the street is dedicated, or in existence or not. For
the purpose of this definition all normal five-acre fractional lines shall be deemed the centerline of
mapped street, unless waived by the plat division of the appropriate authority.
Marginal access street means a minor street which is parallel and adjacent to arterial streets and
which provides access to abutting properties and protection from through traffic.
Masonry wall, decorative means a wall of masonry composition, with a struck natural, painted,
stuccoed, or painted struck block finish on both sides with a continuous concrete cap.
Material fact means a fact that bears a logical relationship to one or more issues raised by a quasi-
judicial application or the laws and regulations pertaining to the matter requested by the application.
Minor street. See Local street.
Mixed-use development means a development containing both residential and nonresidential uses in
the proportions or amounts required in this chapter, located within the same building or within separate
buildings located on the same lot or within a single development.
Multiple-story means a building, structure or portion thereof with two or more stories entirely above
grade, including stories used for parking.
Net lot area/acreage. See Lot area, net and acre, net.
Non-public use means a use that is established and operated as a private enterprise and/or not
under ownership of any government entity.
Off-street parking spaces means a space meeting the minimum requirements of these regulations
provided for the temporary, transient storage of vehicles located on private property. Spaces provided on
public rights-of-way shall not be considered as off-street parking spaces.
Off-street parking garage or structure; off-street structured parking means a structure or portion
thereof attached to, or integrally designed within the principal building or structure, consisting of at least
two levels used exclusively for parking or storing multiple vehicles. Off-street parking garage or structure
shall not be counted towards FAR, or building height calculations.
Off-street parking space means an off-street parking area for the parking of one automobile, having
the minimum dimensions, access and construction required by this chapter.
On-street parking space means parking spaces provided on private or public streets for the use by
the general public, which may be subject to limited hours of use, and may be metered for use by the city
or a governing authority.
One family dwelling See Dwelling, single-family.
Open space, passive means a parcel or area of land or water within a development that is kept in its
natural state, and serves as an amenity within that development area. May include bicycle, equestrian
and pedestrian trails, noncommercial resource-based facilities such as those for fishing, boating and
camping, and interpretive features.
Open space, usable means any open space or recreational facility that is designed or developed with
recreation and support facilities for the convenience of the user, including playgrounds, golf courses,
athletic fields, sports courts, swimming pools, clubhouses, equestrian facilities; and in the PCD District
only, may include pedestrian plazas and similar urban open spaces as provided in the district regulations.
Overlay zoning districts are superimposed over portions of one or more underlying base zone district
(and perhaps planned development districts or other overlay districts) with the intent of supplementing
generally applicable development regulations with additional deveopment regulations that address special
area-specific conditions, features, or plans while maintaining the character and purposes of the
underlying zoning districts. Some overlay zoning districts include standards that modify or supersede
standards applied by the underlying base zoning district.
Owner means any person that alone, jointly, or severally with others:
(1) Has legal or equitable title to any premises, dwelling, or dwelling unit, with or without
accompanying actual possession thereof; or
(2) Has charge, care, or control of any premises, dwelling or dwelling unit, as agent of the owner or
as executor, administrator, trustee, or guardian of the estate of the beneficial owner.
The person shown on the records of the recorder of deeds of the county to be the owner of a particular
property shall be presumed to be the person in control of that property.
Parapet means the extension of the building facade or wall above the roof line.
Participants means members of the general public, other than the applicant, including experts and
representatives of units of local governments and governmental agencies, who offer testimony at a quasi-
judicial proceeding for the purpose of being heard on an application.
Parkway means a route intended to be used primarily by passenger vehicles that may have a varied
right-of-way width, and which right-of-way is or is intended to be developed with a park-like character.
Party means the applicant, a recognized intervenor, and/or the City of Miami Gardens staff.
Permit, building. See Building permit.
Permit, development. See Development permit.
Pervious area means land surface that presents an opportunity for precipitation to infiltrate directly
into the ground.
Planning and zoning department means the planning and zoning department of the city.
Plat means a map or delineated representation of the subdivision of lands in compliance with, being
a complete exact representation of the subdivision and other information in compliance with the
requirement of F.S. ch. 177, part I and the provisions of this chapter, and may include the terms "replat,"
"amended plat," or "revised plat."
Plat division of the appropriate authority means the competent staff, including a professional land
surveyor, of the governing body created to review plats or an independent land surveying firm under
contract by the governing body to review plats. By definition, the independent land surveying firm shall not
be the same as the land surveyor recording the plat, so as to prevent any conflict of interest.
Municipalities without a plat division may request the county's plat division to review both tentative and
final plats, in which case the subdivider shall pay the same fees to the county as a subdivider within the
unincorporated areas of the county would pay.
Plat, final, means the final map or drawing up on which the subdivider's plan of subdivision is
presented to the governing body for approval, and which, if approved, will be submitted to the clerk for
recording.
Plat, tentative, means a preliminary map, drawing or chart indicating the proposed layout of the
subdivision submitted for approval. Said preliminary map, drawing or chart shall not be considered a
boundary survey as defined in chapter 21HH-6 of the Florida Administrative Code, as same may be
amended from time to time. It shall be considered a specific purpose survey as defined in said chapter
21HH-6; said specific purpose being for subdivision design, therefore conceptual in nature, and subject to
change prior to the boundary survey being made for which a plat of record is being filed.
Platted means land for which a plat has been recorded.
Plaza means an open space or area, provided in compliance with the standards of the PCD District
regulations that is improved to facilitate pedestrian use and public access, usually surrounded by public
access areas and buildings. Plazas may include, but are not limited to, accent pavers, landscaping,
seating, fountains, sculpture, bike racks, and architectural elements.
Principal building or structure means a building or structure in which the primary or predominant use
is being conducted on the property on which it is located.
Professional surveyor and mapper means a person registered in the State of Florida to engage in the
practice of surveying and mapping under F.S. §§ 472.001—472.037.
Programmed means an improvement that is included as a proposed project in the capital
improvements element (CIE). Such improvements are unfunded unless in the current year of the capital
budget.
Programmed for construction means a proposed project that is included in the capital improvements
element and scheduled for construction. Such improvements are unfunded unless in the current year of
the capital budget.
Project means a single development as designated by the applicant, but two or more purportedly
separate developments will be considered one project if the administrative official finds that three or more
of the following criteria exist:
(1) The purportedly separate developments are located within one-quarter mile of each other;
(2) The same person has an ownership interest or an option to obtain an ownership interest of
more than 25 percent of the legal title to each purportedly separate development;
(3) There is a unified plan of development for the purportedly separate developments;
(4) The purportedly separate developments voluntarily do or shall share private infrastructure;
(5) There is or will be a common management or advertising scheme for the purportedly separate
developments.
Projecting sign. See Sign, projecting.
Property includes real and personal property.
Public services and/or public facilities means services for which level of service (LOS) standards are
included in the comprehensive development master plan, whether such services or facilities are provided
by government, quasi-public or private providers.
Public facilities means roads, sanitary sewer facilities, solid waste facilities, drainage facilities,
potable water facilities, parks and recreation facilities or any other facilities provided for the general use
and benefit of the community.
Public works department construction manual means the comprehensive set of specifications
prepared by the county's department of public works covering the minimum requirements for the design
and construction of engineering works such as, but not limited to, streets, roads and highways, sidewalks,
filling and grading, excavating, harbors and docks, drainage installation and structures, water control work
and water supply, paving installations, curbs and gutters, bridges and overpasses and underpasses,
underground sewage collections and disposal systems, underground utility line construction, levees,
pumping stations and similar works.
Quasi-judicial proceeding means a hearing held by a board to adjudicate the private rights of an
applicant by means of a hearing which comports with due process requirements.
Rear lot line. See Lot line, rear.
Rear yard. See Yard, rear.
Record; recorded; of record means the act of, or state of a document being or having been recorded
in the official records of the clerk of the circuit and county court. For plats, refers to recording or having
been recorded in a specific page in a plat book (PB), and for other documents, usually refers to recording
or having been recorded in a specific page or pages of a records book (RB).
Relevant evidence means evidence which tends to prove or disprove a fact that is material to the
determination of an application that is the subject of a quasi-judicial proceeding.
Required parking. See Parking, required.
Required yard. See Yard, required.
Residential district. See District, residential.
Right-of-way (R.O.W.) means the area of a highway, road, street, or alley, or other such strip of land,
reserved for public use, whether established by prescription, easement, dedication, gift, purchase,
eminent domain or any other legal means.
Right-of-way line means the outer boundary line of the ultimate right-of-way of a public or private
street as depicted on a survey, plat or official right-of-way map of the city. The ultimate right-of-way for
any street is the planned width of the right-of-way prescribed for such street. There is no distinction made
in this chapter between the edge of an existing dedicated right-of-way and the planned extent of a right-
of-way for purposes of measuring setbacks, yards, clear site distance, etc., even though the full width of
same has not yet been dedicated, unless the context specifically refers to an existing dedication, or a
street right-of-way as currently dedicated.
Roof line means the top edge of a roof or building parapet, whichever is higher, excluding any
mansards, cupolas, pylons, chimneys or minor projections.
Roof sign. See Sign, roof.
Roofline means the highest point on any building where an exterior wall encloses usable floor space.
The term "roofline" includes the top of any parapet wall, providing said parapet wall extends around the
entire perimeter of the building at the same elevation.
Screen enclosure means an enclosure for the purpose of providing an insect barrier, consisting of a
frame that supports a screen covering that possesses at least 50 percent open area per square inch.
Screen enclosures do not have the effect of appearance of a roof or a wall, building siding, or louvered
structure.
Service impact mitigation measures means measures, other than provision of services or facilities as
defined herein, which will demonstrably reduce the impact of the prospective development on said
services or facilities.
Service provider, other, means any state, regional, municipal or Miami-Dade County agency having
construction, operational or maintenance responsibility for public services or facilities as defined herein.
Setback means the horizontal distance in feet between a building or structure and a street right-of-
way or lot line. See also Setback, minimum required and Yard.
Setback line. means the vertical plane that represents the depth or extent of a setback or yard.
Setback, minimum required, means the minimum setback required by any code provision. A
minimum setback requirement creates a minimum yard requirement, and a minimum yard requirement
has the same effect as requiring a minimum setback.
Setback encroachment means any of the exceptions to a minimum required setback as specifically
provided in this chapter.
Side yard, interior means the area between the interior side lot line and the required interior side
building setback line, extending between the front building setback line and the rear building setback line.
Side lot line. See Lot line, side.
Side street, corner side street, means a local street or minor street.
Site. means the same as Lot.
Site plan. means a detailed development plan for a lot or portion thereof that satisfies the
requirements of article II of this chapter.
Site-specific means related to an individual lot that can be clearly defined by street address, legal
description, or similar means at an identifiable location.
Slogan means the use of a group of words or word which has been designed to create a unique
identity or trademark for an organization or corporation.
Special exception means a use or structure that may be authorized by the city council via a public
hearing, that would not be appropriate generally or without restriction throughout a district but which, if
controlled, could be appropriate within that district. Such uses and structures may be permitted as special
exceptions only if specific provision for such use or structure is made in the applicable district regulations
and verified through the meeting of specific criteria.
Spot or search light sign . See Sign, spot or search light.
Staff means the City of Miami Gardens staff.
State means the State of Florida.
Storage area means any exterior area used for the keeping of garbage or trash cans, dumpsters,
newspaper containers, oil and bottled gas tanks, swimming pool equipment, air conditioning and
mechanical appurtenances; including outdoor storage of merchandise; i.e., lumber, etc.
Stormwater retention/detention area means an area designed, built and used for temporary storage
of stormwater.
Story means a complete horizontal division of a building of which at least four feet is above grade,
constituting the space between the surface of any floor and the surface of the next floor above it, or if
there is no floor above it, then the space between such floor and the roof above it. Levels of a parking
structure shall not computed towards maximum building stories heights.
Street line. See Right-of-way line.
Street width means the shortest distance between the lines delineating the right-of-way of a street.
Street yard. See Yard, street.
Structure means anything constructed, installed or placed upon the land, or attachment thereto, the
use of which requires, occupies or is intended to occupy a permanent or generally fixed location, but
excluding landscape materials and earthen berms. By way of example, structures include buildings,
sheds, slabs, statues, port-o-cocheres, shipping containers, pools, gazebos, tents, ground signs, fences,
and any movable structure while it is located on land that can be used for housing, business, commercial,
or office purposes either temporarily or permanently.
Structural alterations means any change, except the repair or replacement, in the supporting
members of a building, such as bearing walls, columns, beams or girders or the re-arrangement of any
interior partitions affecting more than five percent of the floor area of the building.
Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or any
other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for
himself or for another.
Subdivision means:
(1) The division of land for any use so as to create one or more lots designated of any size for the
purpose of transfer of ownership, leasing, or building development. The division of land, zoned
for agricultural use or which is unzoned, shall not be deemed a subdivision if the land is being
divided into parcels each of which is five acres or more in size, including any official right-of-
way.
(2) The dedication of a road, highway, street, alley, easement through or on a tract of land
regardless of area.
(3) The re-subdivision, or combining of land heretofore divided or platted into lots, sites or parcels
for purpose of creating a development tract for the purpose of transfer of ownership, leasing or
building development.
Swale means all unpaved portions of a right-of-way located between the edge of pavement and the
property line or an open space easement located on property adjacent to the right-of-way line.
Tenant, occupant means any person holding a written or oral lease of, or who occupies the whole or
a part of a building or land, either alone or with others.
Tentative plat. See Plat, tentative.
Through lot. See Lot, through.
Transient means an individual or group in temporary occupancy of a residential unit, hotel or motel
room or other other similar residential facilities such as extended stay or bed and breakfast. Transient
occupancy is when it is the intention of the parties that the occupancy will be temporary, typically ten (10)
days or less.
Transit oriented development (TOD) means mixed-use development located generally within a one-
quarter mile walk to a transit stop via continuous, shaded sidewalks. TODs mix ground floor retail,
restaurant, service and entertainment uses with residential, office and/or public uses in a walkable
environment, making it convenient for residents and employees to travel by transit, bicycle, foot or car.
Two-family dwelling. See Dwelling, two-family.
Undeveloped land means land which is unimproved, in that no principal building or structure has
been constructed upon it.
Use, principal, means the primary use of a property as distinguished from secondary or accessory
uses. There may be more than one principal or main use on a lot unless otherwise provided.
Use; use of land means any purpose for which buildings, structures, land, or water may be arranged,
designed, intended, maintained, or occupied; or any occupation, business, activity, or operation carried
on or intended to be carried on in a building, other structure, or on land. The term use of land shall include
use of buildings, structures and water.
Utilities means all lines and facilities related to the provision, distribution, collection, transmission, or
disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and
telephone cable; includes facilities for the generation of electricity.
Vehicular use area (VUA) means an area used for parking, loading and vehicular access for any
property not occupied by a single-family residence.
Vendor means any person, or entity selling alcoholic beverages as defined in this chapter at retail or
directly to the consumer.
Vested right means the right to undertake and complete the development and use of property under
the terms and conditions of a site specific development plan.
Visual screen means a physical obstruction used to separate two areas or uses which are at least 90
percent opaque. Visual screens shall be living plant material, natural or manmade construction material or
any combination thereof.
Wireless support service facilities means any facility that transmits and/or receives signals by
electromagnetic or optical means, including antennas, microwave dishes, horns, or similar types of
equipment, towers or similar structures supporting such equipment, and equipment buildings.
Yard means an open space on the same lot with a building or structure, unoccupied and
unobstructed from the ground upward, except as may be specifically provided in this chapter. Yards are
measured perpendicular from the respective property lines and street lines.
Yard, corner side, means the street side yard of a corner lot.
Yard, front, means a yard across the full width of the lot, extending from the front street line to the
front of the principal building on the lot.
Yard, interior side, means a yard situated between the building and the side line of the lot and
extending between the front yard and the rear yard. Any lot line, other than the rear lot line and the front
lot line, shall be deemed a side line.
Yard, rear, means a yard extending across the full width of a lot and lying between a rear lot line of
the lot and the nearest point of the building. In the case of corner lots, the rear yard shall be the yard
opposite the front street line of the lot.
Yard, required, means a yard of a minimum area or dimension that must be provided between the
minimum setback line and the property line within a property.
Yard, street, means a yard abutting a street.
Zero lot line development means dwellings arranged on individual lots as detached structures with
one or more side wall on, or within five feet of a side property line.
Landscape Definitions
In addition to terms and words defined in this chapter, the following definitions shall be used for
interpretation of landscape related regulations:
Caliper means, for trees under four inches in diameter, the trunk diameter measured at a height of
six inches above the ground at the base of the trunk. For trees four inches and greater in diameter, the
trunk diameter measured at 12 inches above the ground at the base of the trunk. For monocots, the trunk
diameter measured at a height of one foot above the ground at the base of the trunk.
DHB Diameter at breast height means the diameter of a tree's trunk in inches, measured 4½ feet
(breast height) above ground level at the base of the trunk. For trees with less than 4½ feet of clear trunk,
the diameter of the largest leader shall be measured at breast height. For trees with multiple trunks, the
diameter of the individual trunks shall be measured at breast height.
Controlled plant species means those plant species listed in the landscape manual which tend to
become nuisances because of their ability to invade proximal native plant communities or native habitats,
but which, if located and cultivated properly may be useful or functional as elements of landscape design
Crown thinning means the thinning of mature shade tree crowns for the purpose of improving light
infiltration or the reduction of wind resistance.
Drip line. The outside end of the longest branches of a tree (those that extend the furthest from the
trunk) projected vertically to the ground.
Drip line encroachment means any activity that has the effect of causing soil compaction, injury to
lower limbs, grade change, contamination of soil, or damage to the root system. Specifically, this
definition includes acts such as parking of vehicles, use of heavy earth moving or grading equipment,
placement of construction materials, excavation and filling, trenching and the exposure of paints, oils or
chemicals within a tree's drip line. Specifically excluded from this definition are routine maintenance
activities such as mowing or walking within the tree's drip line.
Drip line encroachment plan means a plan that must be presented as part of the tree permit for all
trees whose drip line is planned to be encroached upon by any construction, excavation, fill or other
activities associated with the development of the site. Drip line encroachment plans are comprised of:
(1) Designation of each tree subject to any drip line encroachment;
(2) The reasons for the encroachment;
(3) Detailed description of the proposed efforts to protect the tree from damage due to the
encroachment; and
(4) A plan to ensure its survivability as described in the builder's manual of the Florida Department
of Agriculture.
Florida friendly landscaping means practices, materials or actions developed by the Florida yards
and neighborhood program that help to preserve Florida's natural resources and protect the environment.
Florida yards and neighborhood program means a partnership of the University of Florida/Institute of
Food and Agricultural Sciences, Florida's water management districts, the Florida Department of
Environmental Protection, the National Estuary Program, the Florida Sea Grant College Program and
other agencies, managed locally by the Miami-Dade Cooperative Extension Division of the Consumer
Services Department.
Energy conservation zone means a zone located no more than 22 feet from a structure in a 180
degree band from due east of the northeast point of the structure, to due south, to due west of the
northwest point of the structure.
Environmentally endangered land means lands that contain natural forest, wetland or native plant
communities, rare and endangered plants and animals, endemic species, endangered species habitat, a
diversity of species, outstanding geologic or other natural features, or land which functions as an integral
and sustaining component of an existing ecosystem.
Equivalent replacement means the replacement of a removed or damaged tree to compensate for
that tree's removal or its damage either with one tree the same diameter or a combination of smaller trees
that will equal that removed tree's DBH as defined herein. The minimums established in the landscape
code of the City of Miami Gardens for tree planting may not count toward the equivalent replacement
amount established here. The replacement species shall be trees of similar species to those removed as
approved by the planning and zoning and/or public works department.
Equivalent value means an amount of money, which reflects the fair market value of the required
replacement trees. The current market price of replacement trees shall be established annually by the
public works department, and shall be based on published trade wholesale price lists with the appropriate
multiplier which represents maintenance, installation, warranty and other costs.
Hatrack means to flat-cut the top of a tree, severing the leader or leaders, or the removal of any
branch three inches or greater in diameter at any point other than the branch collar.
Hazard pruning means the removal of dead, diseased, decayed, or obviously weak branches two
inches in diameter or greater.
Heat Island means an unnaturally high temperature microclimate resulting from radiation from
unshaded impervious surfaces.
Hedge means an evenly spaced planting of shrubs to form a compact, dense, visually opaque living
barrier or screen. Plantings designated or required as "hedges" must consist of plants spaced so that they
will be tip to tip within six months of the time of planting.
Historic tree means a tree which has been determined by the city council to be of notable historic
interest because of its age, type, size or historic association and has been so designated as part of the
official records of the city.
Irrigation means the supply of water to landscaped areas by an automatic or manual sprinkler
system, or by some other means.
Land clearing means the indiscriminate removal of trees, shrubs and/or undergrowth by stripping or
any other process, with the intention of preparing real property for non-agricultural development
purposes. This definition shall not include: the selective removal of non-native tree and shrub species
when the soil is left relatively undisturbed; removal of dead or nuisance trees; or normal mowing
operations.
Landscape manual means the official listing of acceptable and prohibited plant materials and
practices maintained by the administrative official.
Landscaping material means any of the following or a combination thereof such as, but not limited to:
grass, ground cover, shrubs, vines, hedges, trees or palms; non-living materials such as rocks, pebbles,
sand, mulch but not including paving.
Landscape plan means a plan indicating all landscape areas, stormwater retention/detention areas,
areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained,
proposed plant material, landscape legend, landscape features, planting specifications, and details, and
all other relevant information in compliance with this chapter.
Lawn area means an area planted with lawn grasses.
Mulch means an organic material that does not contain arsenic products, such as wood chips, pine
straw or bark placed on the soil to reduce evaporation, prevent erosion, control weeds, enrich the soil and
lower soil temperature.
Nuisance plants, trees means plants identified as nuisance species in the city's landscape manual.
Plant means an organism of the vegetable kingdom having cellulose cell walls, growing by synthesis
of inorganic substances, and lacking the power of locomotion.
Prohibited plant species means those plant species listed in the city's landscape manual as being
demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and
welfare.
Protected tree means a tree which has been determined by resolution of the city council or their
designee to be of high value because of its type, size or other criteria and which has been so designated
as part of the official records of the city.
Shrub means a self-supporting woody perennial plant normally growing to a height of more than two
feet but less than ten feet, characterized by multiple stems and branches continuous from the base.
Specimen tree means a tree listed in the city's landscape manual as a specimen species.
Stabilized lawn area means an area of ground underlain with structural support in the form of grass
pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles,
fire trucks and garbage trucks.
Street tree means trees that are planted or required to be planted within the swales and medians of
street rights-of-way, and immediately adjacent to street rights-of-way upon private property.
Tree means any living, self-supporting woody perennial plant which at maturity attains a trunk
diameter of at least three inches or more when measured at a point 4½ feet above ground level and
which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many
branches.
Tree abuse means destroying the natural habit of growth which causes irreparable damage and
permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original
characteristics of its tree species, or is a danger to the public or property, except as required for the
purpose of public safety.
Tree canopy means the aerial extent of the branches and foliage of a tree as defined by the drip line.
Tree relocation means to transplant a tree from one location to another either horizontally or
vertically.
Tree removal means to permanently remove the trunk and/or root system of a tree.
Tree survey means a sealed survey prepared by a Florida licensed landscape architect or land
surveyor which shows, in addition to all boundary information, the exact location, size, botanical and
common name, and diameter of all trees at least three inches in diameter measured 4½ feet above
ground level within the area affected by the development. The tree species noted on the tree survey shall
be certified by a landscape architect.
Understory means the plant life existing under a tree canopy including ferns, bushes and
groundcovers.
Vine means a plant with a flexible stem which normally requires support to reach mature form.
Xeriscape means a type of landscaping utilizing native plants and ground cover that minimizes the
use of water, and which is detailed in the city's landscape manual.
Sign Definitions
In addition to terms and words defined in this chapter, the following definitions shall be used in the
interpretation of sign-related regulations. For the purposes of this chapter, a sign shall mean any display
of characters, letters, logos, illustrations, figurines, costumed form, whether human or not, or any
ornamentation designed or intended, or used as an advertisement or announcement, that directs
attention to a particular product, commodity, or business enterprise, or to indicate direction. Use of
merchandise, products, vehicles, equipment, inflated balloons, lighting, or the like as an attention attractor
or advertising device, with or without a printed or written message or advertisement, shall also be
considered a sign.
Abandoned sign means a sign which advertises or identifies a business establishment, product or
activity which is not legally established, has ceased, or is no longer in operation.
Advertising means any form of public announcement intended to aid, draw the attention to, directly or
indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.
Anchor tenant means an anchor store shall be considered the major tenant/occupant/use of a
building, property, and/or development.
Animated signs means a sign which utilizes motion of any part by any means, including wind power,
or displays flashing, oscillating or intermittent lights, animated animal figures or characters.
Automatic electric changing signs means electronic, LCD, LED type signs allowing changeable copy
by automated or mechanical means used to depict change of light, action, create special effects, and
messages for advertising purposes. Referred to as ACS signs in the Miami-Dade County Code of
Ordinances.
Awning/canopy signs means any sign affixed to or supported by an awning or canopy. Such sign
shall be considered a wall sign.
Banner means a temporary sign made of flexible, sturdy fabric or material and temporarily fixed to a
building or structure, or mounted in the ground. Such signs shall not include pennants, streamers, or
other similar types signs.
Billboard means a sign that advertises a commercial business, commodity, service, product, or
activity not conducted, sold, offered, or available on the premises where such sign is located, the copy of
which may be intended to be changed periodically. Referred to as Class "C" signs in the Miami-Dade
County Code of Ordinances.
Box or cabinet sign means any sign, the face of which is enclosed, bordered or contained within a
box-like structure, frame or other device; such box may be internally illuminated, and mounted flush to the
building facade. Such sign shall be considered a wall sign.
Brand identity means the registered corporate trademark of a business, either a logo, logotype, color
scheme, slogan, or designs which through consistent copyrighted use have become identifiable with a
specific business or institution.
Building directory sign means a sign listing the location of activities, services, addresses and/or
tenants within a building, incidental to the property it is located on, but not intended to advertise the use in
any manner.
Changeable copy sign (manual) means a sign on which the message copy is changed manually in
the field through the utilization of attached letters, numbers, symbols, and other similar characters or
changeable pictorial panels.
Channel lettering sign means a fabricated sign of which the lettering and/or other copy is customarily
a translucent white or colored acrylic and which has internal illumination within each individual letter
and/or component to illuminate the face of each individual letter and/or component. Such signs shall be
considered wall signs.
Construction sign means a sign erected or maintained on the premises temporarily while undergoing
construction by an architect, contractor, sub-contractor, developer or finance organization, or other type of
affiliation with the construction, at which location such individual is furnishing labor, materials, or services
and bearing the name of same. Such signs shall be considered a temporary sign.
Copy means all wording, lettering, graphics, logos, trademarks, slogans affixed on a sign in either
permanent or removable letter form.
Directional sign/informational sign means a sign which only conveys information or provides
direction, and is located and designed to be viewed on site by pedestrians or motorists. Such signs shall
include, but not be limited to, signs that depict "entrance," "exit," "caution," "no trespassing," "no parking,"
and "valet parking."
Directory sign means a sign, either freestanding or wall-mounted listing the location of activities,
services, addresses and/or tenants within a multi-tenant/use development, incidental to the property it is
located on, but not intended to advertise the use in any manner.
Drive-through sign means a sign intended to display menu items for an establishment with a drive-
through intended to be visible to the drive-through patrons and not visible from the public rights-of-way.
Entry features means a combination of elements including signs, landscaping, and other
architectural elements placed to one or both sides of a roadway or entranceway of a property and/or
development, either nonresidential, residential, or mixed-use.
Facade means the entire building wall including wall face, parapet, fascia, windows, door, and
canopy of an elevation of the building.
Flag means a piece of fabric, cloth, or sturdy material usually oblong, rectangular, square or
triangular attached at one edge to a staff, pole or cord that is usually the symbol of a nation, state, county,
municipality, or civic organization or a corporate entity.
Freestanding sign means a self-supported sign structure ground mounted and not attached or affixed
in any way to a building or any other structure.
Graphics means the use of illustrations, photos, logos, typography, etc., as a wall treatment or as
part of a sign either illuminated and/or non-illuminated.
Handheld sign means any sign held, suspended, or supported by an individual.
Illegal sign means any sign placed, erected or installed without proper approval or permits from the
city, or not in compliance with the regulations set forth in this chapter.
Illumination, external, means illumination of a sign face or graphic element from a shielded light
source that is not internal to the sign itself.
Illumination, internal, means a light source concealed or contained within the sign which becomes
visible by shining through a translucent surface, letter or graphic image.
Inflatable/balloon means a sign that is an inflatable structure and/or object of any size which may
contain a display of copy or not, and intended to direct attention. Standard balloons with or without copy
shall be considered an inflatable/balloon sign.
Logo means a registered symbol, emblem, trademark or graphic device used as a badge or identity,
used by an organization or corporation to identify corporate property or products.
Logotype means the use of a group of words or word which has been designed to create a unique
identity or trademark for an organization or corporation.
Maintenance means the routine cleaning, painting, repair or replacement of defective parts of a sign
in a manner that does not alter the basic copy, design, size or structure of the sign.
Mascot/figurine/costume signs means any figurine, costumed form, whether human or not, used or
intended to be used as a commercial advertisement or announcement, that directs attention to a
particular product, commodity or business enterprise.
Menu board sign means a sign that is displayed immediately adjacent to the front entry of a
restaurant in which is displayed the published menu and corresponding prices of the food and services
provided.
Monument sign means a freestanding sign where the supporting structure of the sign face is
architecturally and aesthetically integrated into the overall design of the sign. The base of supporting
structure is embellished to conceal all structural or support members. The perimeter of said sign is
landscaped to enhance the area adjacent to the sign. Eighty percent of the base supporting structure
shall be in contact with the ground. The sign face should be solid and not intended to be a pole type
design.
Multi-story structure means a building or structure or portion thereof with two or more stories
measured from grade, to include stories used for parking.
Multi-use/ multi-tenant development means a development, site, and/or building with separate
unrelated business entities, each considered a principal use, such as, but not limited to a shopping
center, office building, and mixed-use development.
Mix-use development means a development, site, and/or building with multiple uses of which there is
a mix of residential and nonresidential uses.
Nameplate sign means a sign indicating the name, and/or profession or address of a person or
persons residing on the premises or legally occupying the premises.
Neon sign means a sign using neon gas tubing as a light source.
Nonconforming sign means a sign existing within the city on the effective date of the ordinance from
which this chapter is derived or a sign existing in an area annexed to the City of Miami Gardens, after the
effective date of the ordinance from which this chapter is derived, which, by, but not limited to, its design,
height, type, copy, sign area, location, use, structural support or other characteristics does not conform to
the requirements of this chapter.
Off-premises sign means a sign located, placed other than on the premises or property of which the
copy is intended.
Open house sign means a sign advertising and pointing toward the direction of a house that is open
for inspection for the purpose of selling said property. Such signs shall be located on the property of
which the copy is intended, otherwise, such sign shall be considered an off-premises sign.
Parapet means the extension of the building facade or wall above the roof line.
Permanent sign means a sign intended for permanent use, without a permitted duration period.
Pole sign means a permanent sign erected, supported, mounted on a pole or poles which is wholly
independent of any building or other structure for support.
Portable sign means any movable sign not permanently attached to the ground or a building.
Projecting sign means any sign projecting more than 12 inches from the building facade that it is
affixed to, or suspended from above and perpendicular to the building facade.
Raceway sign means signs employing a metal box or raceway which conceals the transformers and
electrical wiring necessary to operate the sign. The logos or letters that make up the sign are attached to
the raceway instead of to the building facade.
Real estate sign means a sign that advertises the owner, or his agent, indicating property which is for
rent, sale or lease.
Reverse channel wall sign means individual copy lettering or sign components that are individually
mounted directly on the wall having lighting concealed within the letter or number so that the light reflects
off the wall (i.e., reverse lighting), creating a "halo" effect.
Roof sign means a sign erected over or on the roof, or extending above the roof line, which is
dependent upon the roof, parapet or upper walls of any building, or portion thereof, for support.
Sandwich or sidewalk sign means a moveable sign not secured or attached to the ground. Such sign
shall be considered a portable sign.
Sign face means the portion of the sign of which copy is displayed, and shall not include the base or
foundation of the monument sign.
Sign height means the vertical distance from the top of the grade to the top of the sign's highest
element, including all structural elements. Grade shall be construed to be the newly established grade
after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of
locating the sign.
Sign setback means the distance between the adjacent property line to the closest part of the sign
structure.
Sign spacing means the distance measured in a straight line from the closest part of one sign
structure to closest part on another sign structure or building or structure, except, that when measuring
the spacing between signs on the different rights-of-way the measurement shall be taken along the
perimeter of the property line and/or then taken perpendicular to signs located across such rights-of-way.
Spacing between signs and a building or structure shall be the shortest distance measured from the
closest part of the sign structure to the closest part of the building facade.
Sign plan means a set of plans depicting the proposed aesthetics, creative, and dimensional
standards for all signage within the property. Such plan shall be in compliance with the regulations
contained herein.
Slogan means the use of a group of words or word which has been designed to create a unique
identity or trademark for an organization or corporation.
Sign area for monument, and freestanding signs means the total square footage of a sign inclusive
of structural supports.
Sign owner means the owner/tenant/person responsible for the installation, erection, mounting,
maintenance, and/or repair of the sign shall be considered the sign owner.
Single use development means a development, site, or building with one principal use. Such use
may have related ancillary and accessory uses to the principal uses, but together the uses are intended
to operate as one principal use.
Snipe sign. means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to
trees, poles, stakes, or fences, or to other objects with the message appearing thereon not applicable to
the present use of the premises or structures upon which the sign is located.
Special event sign means a sign identifying a temporary event being held within the city sponsored
or approved by the city.
Spot/Search light sign means a sign illuminating a spot light either stationary or in motion with the
intention of attracting attention to the business, premises, activity or event.
Street frontage means the linear footage measured along the length of the property line of a piece of
property, as it abuts to the street right-of-way of a public street. Frontage that abuts an alleyway shall not
be counted towards street frontage calculations.
Temporary construction fence sign (TCFS) means signs affixed to, or integrated on construction
fences and walls, as such fences and walls may be required for compliance to applicable regulations, and
to shield and buffer construction sites from public view. TCFS are intended to include certain information
and graphic material to identify, advertise, or draw attention to the proposed project.
Temporary holiday sign means a sign that represents a recognized holiday, cultural celebration or
religious observance. Such signage shall include associated decorations, lighting, and animation.
Temporary sign means a sign intended for temporary use with a permitted duration period.
Umbrella sign means a sign affixed to an umbrella, usually located outdoors.
Vehicle sign means a sign affixed to, contained within, or painted on a transportation vehicle
including automobiles, trucks, boats, trailers, and recreational vehicles for the purpose of identification or
advertisement, whether stationary or in motion, with the primary purpose of calling attention to a business
establishment, service, production or event.
Wall sign means a sign installed or erected parallel to the facade of any building upon which it is
attached and designed to be in proportion to the architectural facade or wall upon which it is fastened and
not projecting or extending above the buildings' roof or parapet line. Wall signs shall include all signs such
as awning/canopy signs, marquee signs, or any other similar signs, but shall not include defined herein as
window signs.
Window area means the window area of a storefront shall be the total square footage of all glass
areas of a storefront. This would include all areas of glass windows, doors, side lights and transoms, fixed
or operable, located on the elevation of the building or storefront on which the front door or primary
entrance to the establishment is located.
Window sign means any sign located within a window or upon the inside surface or outside surface
of the window glass used to attract such attention located within the premises. Signs which are located
within three feet from the window opening shall be considered a window sign. Such window signs shall
include, but not be limited to, signs indicating professional/financial affiliations, services and products,
menus/price lists, opening hours, and other similar type signs.
Window sign area means the total area of the imaginary rectangles contiguous to and surrounding
each word, picture, logo, logotype, symbol, banding or graphic, as a percentage of the total ground or
second floor window area of the premises as it may apply in accordance to this chapter.
Sec. 34‐733. ‐ Master use list and use definitions.
(a) This list includes activities customary to the use. Uses not specifically listed as permitted, or found to
the similar or customary with permitted uses, shall be prohibited.
(b) This use list shall include all those related uses, but shall be limited to the list of related uses. In the
determination of uses not specifically listed, the administrative official shall make the determination
as to the appropriate category or deem the use prohibited.
(c) The following definitions are provided for convenience. In case of conflict with the definitions in
sSection 34-287 and 34-288, sSection 34-287 and 34-288 shall prevail.
APPENDIX A. MASTER USE LIST AND USE DEFINITIONS
Use Related Uses Definition
Adult day care center ‐
(See section 34‐288 for
special requirements)
A non‐residential, non‐
institutional facility that provides
therapeutic programs of social
and health services, as well as
activities for adults who have
functional impairments for a
period of less than 24 hours per
day.
Adult family care home, up
to 5 residents (See section
34‐288 for special
requirements)
Adult family care homes (AFCHs)
are private residences that are
licensed to provide housing,
meals, and personal care services
to older persons and disabled
adults who are unable to live
independently. AFCHs are owned
and operated by licensed AFCH
“providers” who live with the
residents they serve. In addition,
AFCHs are limited to a maximum
of five (5) residents. AFCHs are
intended to be an alternative to
more restrictive, institutional
settings for individuals who do not
need 24‐hour nursing
supervision.To reside in an adult
family care home, a person must
meet the AFCH "residency
criteria," which is defined by
Florida regulations and by the
provider’s admission policy. In
most cases, AFCHs provide general
supervision, assistance with
personal care services, and
assistance with medications to
elders and disabled adults who
require such services.
Adult entertainment
establishment (See section
34‐288 for special
requirements)
Adult bookstore.
Adult entertainment club.
Adult modeling establishment.
Adult theater.
Adult video store.
Encounter studio.
Massage establishment.
(1) Adult bookstore means any
business engaged in displaying,
distributing, bartering, renting or
selling printed matter, pictures,
films, graphic or other materials
which activity requires the
exclusion of minors pursuant to
F.S. ch. 847, unless such activity
comprises no more than 15
percent of the total floor area and
is kept from clear view of minors.
(2) Adult theater means any
business engaged in presenting
films, theatrical productions,
performances, recitals, displays,
printed matter or other
entertainment which activity
requires the exclusion of minors
pursuant to F.S. ch. 847.
(3) Adult entertainment club
means any business which
features live entertainment
requiring the exclusion of minors
pursuant to F.S. ch. 847.
(4) Adult video store means any
business engaged in displaying,
renting or selling videotapes
which activity requires the
exclusion of minors pursuant to
F.S. ch. 847, unless such activity
comprises no more than 15
percent of the total floor area and
is kept from clear view of minors.
(5) Massage establishment means:
a. Any shop, parlor,
establishment or place of business
wherein all or any one or more of
the following named subjects and
methods of treatments are
administered or practiced: Body
massage either by hand or by any
mechanical or electrical apparatus
or device (excluding fever
therapy), applying such
movements as stroking, friction,
rolling, vibration, kneading,
cupping, petrissage, rubbing,
effleurage or tapotement.
b. Nothing in this section shall
be construed as applying to state‐
licensed massage therapists,
barbers, cosmetologists,
manicurists, pedicurists, physical
therapists' assistants, midwives,
practical nurses, agents, servants
or employees in licensed hospitals
or nursing home or other licensed
medical institutions, licensed
physicians, osteopaths,
chiropractors, podiatrists,
naturopathic physicians or other
licensed medical practitioners, or
their agents, servants, or
employees acting in the course of
such agency, service or
employment under the
supervision of the licensee.
c. Provided, however, that, for
the purpose of this section, the
term "massage establishment"
shall not include any massage
establishment wherein at least
one state‐licensed massage
therapist is employed and on duty
full time during the hours open for
business.
(6) Adult modeling establishment
means any establishment offering
nude or partially nude modeling
sessions or lingerie, swimwear or
photography modeling sessions
between two or more persons
requiring the exclusion of minor
pursuant to F.S. ch. 847.
(7) Encounter studio means all
establishments offering nude or
partially nude encounter sessions
between two or more persons,
nude or partially nude dance
encounter sessions between two
or more persons, and sexual
consultation requiring the
exclusion of minors pursuant to
F.S. ch. 847.
Airport, airfield, heliport,
Airfield.
Airport means a special facility
designed to accommodate the
departure and landing of aircraft,
equipped with hangars, facilities
for refueling and repairing
airplanes, taxiways, tie‐down
areas, and various
accommodations for passengers.
public, private (See section Helistop.
Heliport means a facility designed
for the landing and takeoff of
helicopters.
34‐288 for special Heliport.
requirements) Airport related uses.
Helistop means a heliport, but
without auxiliary facilities such as
parking, waiting room, fueling and
maintenance equipment.
Airport‐related uses means uses of
land which are dependent upon
proximity to the airport for
effective performance, or which
provide services to the airport
which improve the effectiveness
of the airport, including, but not
limited to, aircraft parts
manufacture, sales of new and
used aircraft and aircraft parts,
sales of aircraft fuels, lubricants
and other aircraft supplies; airline
administrative offices; automobile
parking and storage; rental car
parking, storage and maintenance;
bus, taxi and limousine parking;
in‐flight kitchen and catering
services; aerial photography and
air‐survey services; air freight and
air cargo services; governmental
facilities; flight training schools;
flight trade schools; aviation
research and testing laboratories;
temporary contractors' offices and
storage areas; other airport‐
related uses compatible with the
operation of airports.
Amusement parks,
stadiums, arenas, marinas
Stadiums.
Arenas.
Marinas.
Amphitheatres.
Arena, auditorium or stadium
means an open, or partially or
fully enclosed facility primarily
used or intended for commercial
spectator sports or entertainment.
Typical uses include convention
and exhibition halls, sports arenas,
jai alai frontons, amphitheaters
and racetracks.
Marina, commercial, means a
facility for mooring, launching,
storing, sales, construction, and
repairing of boats, including the
sale of marine supplies and
services.
Animal grooming and pet
sitting—indoor
The temporary keeping of
domesticated household pets that
are owned by another person, for
a period of time exceeding 24
consecutive hours. May include
the provision of care and
grooming services, but does not
include breeding. No outdoor
boarding or incidental activities
shall be permitted.
Animal
hospital/veterinarian clinic
A facility that provides for the
medical and surgical care of
domesticated animals, including
but not limited to, out‐patient and
required boarding for treatment
services. No outdoor boarding or
outdoor incidental activities shall
be permitted.
Animal kennel, boarding,
dog training facility (See
section 34‐288 for special
requirements)
Commercial.
Private.
Kennel, commercial, means a
commercial establishment,
including any building or land
used, for the raising, sale,
boarding, breeding and care
services for dogs and cats. Typical
uses include boarding kennels, pet
motels, or dog training centers.
raising, boarding, breeding, sale or
grooming of such domesticated
animals as dogs and cats, not
necessarily owned by the
occupants of the premises, for
profit. A commercial kennel use
may be operated in conjunction
with a residence.
Kennel, private, means any
building used, designed or
arranged to facilitate the non‐
commercial care of dogs cats
owned by the occupants of the
premises.
Animal shelters
A facility providing temporary
housing, food, or both, to
indigent, needy, homeless, or
transient animals, and may also
provide ancillary services such as
veterinarian services, adoption
services, overnight and boarding
services. No outdoor boarding or
outdoor incidental activities shall
be permitted.
Arcade, video games,
electronic gaming (See
section 34‐288 for special
requirements)
An establishment containing
electronic games and machines
that provide amusement,
enjoyment, or entertainment and
which may be operated upon the
insertion of a coin, token or debit
card. Examples of such games and
machines include video games,
pinball machines, timed games
where a ball or other object must
be tossed or into hoops or holes
and other such games. This term
shall not include jukeboxes,
children's mechanical rides (e.g.,
horses, rocket ships), machines
that sell merchandise, bingo
games, or gambling devices.
Assisted Living Facility (ALF)
(See section 34‐288 for
special requirements)
A residential care facility licensed
by the State of Florida that
provides housing, meals, personal
care and supportive services to
older persons and disabled adults
who are unable to live
independently but do not require
24‐hour nursing supervision, and
who meet the ‘residency criteria’
as defined by Florida regulations.
A special residential facility,
licensed by the State of Florida to
provide any combination of
nursing care, injury or physical
illness rehabilitation and
community re‐entry training, aids
for independent living, personal
services, or counseling to persons
with disabilities as defined by
Federal Law, as well as clients of
the Florida Department of Elderly
Affairs, the Florida Agency for
Persons with Disabilities, the
Florida Department of Children
and Family Services, or the Agency
for Health Care Administration.
Excludes the provision of medical
services, hospitals licensed under
F.S. ch. 395 or any federally
operated hospital facility. Include
facilities typically referred to as
nursing homes, convalescent
homes, and assisted living
facilities, and similar facilities.
Auction House—indoor
A building or structure where
goods are sold by auction to the
highest bidder . Excludes
auctioning of automobiles and
animals unless authorized in the
code as a special event subject to
temporary use procedures and
requirements.
Banquet hall (See section
34‐288 for special
Hall for hire.
Dancehall.
An establishment, or portion of an
establishment which rents space,
requirements) Meeting room.
Convention hall.
providing tables, chairs, decor,
sound systems and other services
for clubs, associations or
individuals for the purpose of
having a banquet, meeting, party,
celebration, wedding, birthday,
ball, anniversary or other such
activity. Such establishments
accessory to a hotel, motel,
lodging use shall not be
considered a banquet hall for
purposes of this definition.
Bar/lounge, wine tasting
room (see section 34‐288
for special requirements)
Sports bar, piano bar, lobby bar,
cocktail lounge, outdoor bar, cigar bar,
hookah bar, pubs, dive bar, karaoke
bar, comedy bar, outdoor patio bar,
wine tasting room
Wine tasting room means an
establishment which serves only
wine or nonalcoholic beverages
for retail on‐premises or off‐
premises consumption and that
does not serve meals. Only
appetizers, tapas, snacks and
similar types of food may be
served. For purposes of this
section,"meals" shall mean an
assortment of foods commonly
ordered in bona fide full‐service
restaurants as principal meals of
the day;
Bar/lounge means an
establishment where the principal
use is the serving of alcoholic
beverages on the premises; where
seating is provided; where no or
limited food is served as meals,
appetizers, or snacks; where less
than 51 percent of its gross
revenue is from the sale of food
and nonalcoholic beverages;
where background music or
limited live entertainment,
amusement, and/or broadcast
events may be provided. Outdoor
bar/lounge shall mean the portion
of the principal establishment,
which shall include restaurants,
hotels, theaters or other similar
uses, where the bar/lounge is
accessory to the principal
establishment or accessory to a
racetrack or casino gaming facility.
Blood banks, diagnostic
medical treatment centers
Dialysis treatment centers
Any corporation, partnership or
business whatsoever which
engages in the activity of receiving
or taking blood, plasma or any
component thereof from human
donors for a monetary
consideration.
Box lunches, distribution
(see section 34‐288 for
special requirements)
Transient box lunch service
Bus Charter Service,
passenger bus terminal
Facilities for commercial
transportation operators including the
following uses:
Airport transportation services.
Bus lines.
Bus charter services.
Limousine rental, with drivers.
Sightseeing buses.
Taxicab companies.
Shall not include public bus
stations and rapid transit stations
and facilities.
Call center
A building, or portion thereof,
where outgoing telephone calls or
email are made or incoming calls
or email are accepted for the
purpose of solicitation or
customer service.
Campgrounds RV parks.
Property or portion of a property
where temporary lodging is
provided usually within tents,
cabins, or RVs, travel trailers,
camping trailers, truck campers,
motor homes where common
sanitary services, showers,
electrical hook‐up may or may not
be provided; which is not intended
as an area to establish permanent
residency.
Recreational vehicle park means
an area under unified control
which is and designed exclusively
for temporary accommodations
for travel trailers, camping trailers,
truck campers, and motor homes,
and which is not intended as an
area to establish permanent
residency.
Car wash—enclosed (See
section 34‐288 for special
requirements)
Car wash facility, stand alone.
Self wash facilities.
Car wash, automatic, means an
establishment where the exterior
of motor vehicles with a gross
vehicle weight of no more than
5,000 pounds, is washed within a
enclosed building with entrances
and exits of appropriate size to
accommodate motor vehicles. The
movement of motor vehicles
within such establishment shall be
along a conveyor belt, moving
track or the like, with washing
solely by mechanical means. Self‐
wash facilities shall be included in
this definition.
Car wash facility, stand alone,
means a permanent
establishment or building which
principal use on the property is
providing facilities for washing and
cleaning or detailing motor
vehicles with a gross vehicle
weight of no more than 5,000
pounds, which may use
production line methods with a
conveyor, blower, or other
mechanical devices, and which
must employ some hand labor.
Detailing includes hand washing
and waxing, striping, and interior
cleaning.
Car wash—outside, hand
wash(See section 34‐288
for special requirements)
The cleaning of the exterior and
interior of motor vehicles with a
gross vehicle weight of no more
than 5,000 pounds, waxing of the
exterior detail work of motor
vehicles, drying and exterior detail
work of motor vehicles
Car wash – mobile (See
section 34‐288 for special
requirements)
Mobile car wash and detailing
Casino gaming facility
All related uses as may be licensed
under Florida statutes regulating such
facilities.
As defined in F.S. ch. 849.
Catering service (See
section 34‐288 for special
requirements)
Transient catering trucks.
Box lunch business.
An establishment where the
primary activity is the preparation
of ready to eat meals to be
transported for off‐premises
consumption, and if permitted the
sale of alcoholic beverages, shall
derive at least 51 percent of its
gross revenue from the sale of
food and nonalcoholic beverages.
This definition shall not apply to
catering services provided as
accessory uses within hotels,
motels, lodging establishments,
banquet halls, convention halls,
and other similar uses for the
exclusive purpose of servicing
guests and customers.
Cemetery, mausoleums,
crematories (See section
34‐288 for special
requirements)
Mausoleums.
Crematories.
Columbarium.
Cemetery means land used or
intended to be used for human
burial, including a chapel
mausoleum or columbarium.
Columbarium means a structure
or building which is intended to be
used for the internment of
cremated human remains in urns.
Crematory means an
establishment containing a
furnace used for the cremation of
human remains. A crematory may
be owned by or deal directly only
with funeral homes, or may have
open access to the public.
Check cashing, bill
payments
Any establishment other than the
United States Postal Service, bank
or financial institution that
provides check cashing, currency
exchange, or money transmitting
or remittance services, or issues or
redeems money orders, travelers'
checks, and other similar
instruments.
Community centers
Recreation centers.
A multipurpose facility providing a
wide range of social, cultural,
educational, and recreational
services and activities of particular
interest to the community,
including daycare facilities for
children. Such facilities shall meet
all state and city licensing
requirements for that use. A
community center may be newly
constructed or converted from an
existing commercial building,
single‐family residence, or
multifamily dwelling unit.
Community residential
facility home: up to 6
residents
A type of residential facility
deemed to be a single‐family unit,
and a non‐commercial, residential
use licensed by the state to serve
persons with disabilities as
defined by federal law, as well as
clients of the Florida Department
of Elderly Affairs, the Florida
Agency for Persons with
Disabilities, the Florida
Department of Juvenile Justice,
the Florida Department of
Children and Family Services, or
the Agency for Health Care
Administration. Provides a living
environment for unrelated
residents who operate as the
functional equivalent of a family,
including such supervision and
care by supportive staff as may be
necessary to meet the physical,
emotional, and social needs of the
residents.
Community residential
home, facility: 7 to 14
residents greater than 6
residents
A type of residential facility
deemed to be a dwelling licensed
by the state to serve persons with
disabilities as defined by Federal
Law, as well as clients of the
Florida Department of Elderly
Affairs, the Florida Agency for
Persons with Disabilities, the
Florida Department of Juvenile
Justice, the Florida Department of
Children and Family Services, or
the Agency for Health Care
Administration. Provides a living
environment for unrelated
residents who operate as the
functional equivalent of a family,
including such supervision and
care by supportive staff as may be
necessary to meet the physical,
emotional, and social needs of the
residents.
Community residential
facility: 15 or more
residents
A type of residential facility
deemed to be a dwelling licensed
by the state to serve persons with
disabilities as defined by federal
law, as well as clients of the
Florida Department of Elderly
Affairs, the Florida Agency for
Persons with Disabilities, the
Florida Department of Juvenile
Justice, the Florida Department of
Children and Family Services, or
the Agency for Health Care
Administration. Provides a living
environment for unrelated
residents who operate as the
functional equivalent of a family,
including such supervision and
care by supportive staff as may be
necessary to meet the physical,
emotional, and social needs of the
residents.
Convenience store
A retail establishment, 3,000
square feet or less, that sells a
variety of convenience goods,
such as prepackaged snack and
food items, tobacco, periodicals,
beverages, household goods,
automobile accessories,
hardware, pharmaceutical items,
prepared foods, and other
popular, non‐specialty items that
consumers generally use or
consume frequently, or require on
short notice, and which stocks
smaller varieties of any type of
good than would ordinary general
purpose stores or specialty stores
such as grocery stores, home
supply stores, pharmacies, and
hardware stores. May also offer
convenience services such as
limited banking services.
Copy, printing center
A retail establishment that
provides document or graphic art
duplicating services using
photocopying, digital imaging,
offset printing, or similar process,
and may include collating and
binding of reproduced material.
Cultural and civic
facilities—libraries,
museums
Public aquariums.
Public art galleries, but not retail sales.
Public libraries. Public museums.
Public planetariums.
A building or complex of buildings
that houses public or private not‐
for‐profit facilities, offices or
services and which may include
civic or community centers,
theaters predominantly used for
live performances, libraries,
zoological or botanical gardens,
historical landmarks, museums,
and similar facilities.
Customer service center
A building, or portion thereof,
with a waiting room or waiting
area and one or more customer
service counters whereby
customers or the general public
can pay bills or taxes, make
business transactions, request
information, apply for licenses,
permits, passports or similar
items, register, receive forms,
submit forms, request copies of
records, and similar activities.
Banks and financial institutions
are defined to include customer
service centers.
Day care center—adult (See
section 34‐288 for special
requirements)
A nonresidential facility that
provides supervision and care of
persons for periods of less than 12
hours per day.
Detention facility
A penal institution or holding
facility for persons awaiting trial
or deportation/immigration
proceedings.
Warehouse, Distribution
center
A building or portion thereof, used
for storage. Storage may be
relatively temporary or long‐term.
A facility where goods are
received in bulk and then
transferred, or stored and later
transferred for distribution to
individual retailers, service
providers or end users; or where
goods are received in smaller
quantities from individuals or
businesses and then sorted and
shipped in bulk to other
distribution centers. Examples
include U.S. Postal Service sorting
and distribution facilities, FedEx
and other package delivery
services, and regional warehouses
for chain stores or operations such
as furniture and grocery retailers.
Donated goods center—
new/used (See section 34‐
288 for special
requirements)
A facility used to receive materials
such as clothing, canned food, and
household or office goods
donated by the public for
distribution to needy families or
individuals, or to be taken to a
secondhand merchandise store
for discounted resale.
Dormitory, fraternity or
sorority house, on‐campus,
off‐campus
A building in which sleeping rooms
are provided for occupancy by,
and maintained as a place of
residence exclusively for, students
of a college or university that are
affiliated with the local chapter of
a national fraternity or sorority
organization, and when approved
and regulated by such
organization and college or
university.
Drug, Pharmacy store
An establishment in which primary
business is the sale of
pharmaceutical and medical items
with secondary sales of staple
food products, snacks, produce,
beverages, household items,
convenience items.
Dry cleaning
An establishment where clothing
and other fabrics are dropped off
and picked up on the premises
directly by the consumer for
cleaning on site or off site at a dry
cleaning or commercial laundry
plant.
Dry cleaning—commercial
laundry plant
A facility where clothing and other
fabrics are received from dry
cleaners or commercial laundry
services for cleaning by immersion
and agitation, or by immersion in
solvents having little or no water
content used for dry cleaning.
Educational and child care
facilities—non‐public (See
section 34‐288 for special
requirements)
Day nurseries.
Kindergardtens.
After school care, more than five
children.
Babysitting service for shoppers.
Private schools.
Elementary, junior, senior high
schools.
Family day care home, more than 5
children.
Charter schools.
As used in this article, the term
"private school" or "nonpublic
educational facility" shall mean an
institution which provides child
care and/or instruction from the
infant level through the college
level and which does not come
under the direct operation and
administration of the Miami‐Dade
County School Board or the State
of Florida; only such uses are
intended to be controlled by this
article and include, but are not
limited to, the following:
(a) Day nurseries, more than five
children: Child care for infants and
children up to and including age
six.
(b) Kindergartens, more than five
children: Child care and preschool
programs for children ages four
through six.
(c) After‐school care, more than
five children: Child care and
recreation for children above the
age of five when no formal
schooling program is conducted
and where the care provided is
generally after school, on
weekends, school holidays and
vacations.
(d) Babysitting service for
shoppers: Child care for limited
time periods (maximum three
hours) provided within a shopping
center solely for the convenience
of the patrons, and limited to not
more than 40 children at any one
time.
(e) Private school: This term as
used herein refers to any private
institution providing child care
and/or instruction at any level
from infants through the college
level.
f) Elementary, junior and senior
high schools: References to these
schools are to be loosely
interpreted to encompass any
schools, graded or ungraded,
whose students are within the age
ranges typically found at these
school levels. County‐approved
charter schools shall be
considered as a private
educational facility.
(g) Family day care home, more
than five children: An occupied
residence in which child care is
regularly provided for children
unrelated to the residents of the
premises by a resident of the
premises, which receives a
payment, fee, or grant for any of
the children receiving care,
whether or not operated for
profit, and may be regulated by
F.S. § 402.313 and registered or
licensed with the Department of
Children and Family Services in
compliance with state law.
Excludes private residences used
for an informal cooperative
arrangement among neighbors or
relatives, or the occasional care of
children with or without
compensation.
(h) Charter school: A school that
teaches state‐approved academic
curriculum to children at the
kindergarten through 12th grade
levels that is an accredited charter
school in the county.
Educational Facilities—
private college, university
(See section 34‐288 for
special requirements)
College and university. A post‐
secondary institution for higher
learning that offers state‐licensed
degree programs culminating in
the granting of associate,
bachelor, masters, or doctoral
degrees, and that may also have
research facilities.
Educational facilities—
public, including charter
school
A school that teaches state‐
approved academic curriculum to
children at the kindergarten
through 12th grade levels that are
operated as part of the county
school system.
Charter school: A school that
teaches state‐approved academic
curriculum to children at the
kindergarten through 12th grade
levels that is an accredited charter
school in the county.
Educational facilities—
technical, vocational,
training, specialty—non‐
public
Art schools.
Dance schools.
Medical related schools and institutes.
Martial arts.
Traffic schools.
A school, other than a college,
teaching specialized curriculum at
the post‐secondary (high‐school)
level, advance level; certification
level; including schools for the
arts, theatrics, music, dance,
vocational schools, technical
schools, and trades schools.
Equipment and tool rental
An establishment with a principal
use of providing short and long
term rentals of light equipment
and tools, for do‐it‐yourselfers
and professionals with related
sales of accessory products.
Family day care home: 5
children or less
An occupied residence in which
child care is regularly provided for
children unrelated to the residents
of the premises by a resident of
the premises, which receives a
payment, fee, or grant for any of
the children receiving care,
whether or not operated for
profit, and may be regulated by
F.S. § 402.313 and registered or
licensed with the Department of
Children and Family Services in
compliance with state law.
Excludes private residences used
for an informal cooperative
arrangement among neighbors or
relatives, or the occasional care of
children with or without
compensation.
Farms—produce, livestock,
nurseries, related uses
Dairy barns.
Fish farms.
Hog farms.
Groves.
Horticultural farming.
Property or portion of property
used for the growing of farm
products, such as vegetables,
fruits and grain, and their storage,
as well as for raising poultry,
Hydroponic chemical farming.
Livestock and grazing.
Poultry farms.
Plant nurseries.
Stables.
livestock, fish and animals, and
grazing, pasture, or running areas.
The term "farm" also means, the
operation of an area for one or
more of the uses stated in this
definition, including dairy farms
with the necessary accessory uses
for treating or storing the product;
provided, however, that the
operation of any such accessory
uses shall be secondary to that of
the normal farming activities.
Plant nursery means a place
where plants are propagated
and/or grown to usable size for
retail sale or wholesale, or for
experimentation, and which may
include such accessory uses as the
limited and incidental sale of
accessory items such as
greenhouses, the provision of
landscape design services, and
delivery and installation of plants
purchased from the nursery.
Expressly excludes lawn and
landscape maintenance
businesses and mulching
operations as commercial or
principal uses.
Poultry farm means the raising of
100 or more poultry and related
incidental uses.
Farm worker housing
Residential housing provided for
with primary purpose of housing
temporary farming personnel.
Financial institution (See
section 34‐288 for special
Banks.
Credit unions.
A financial institution that is open
to the public for on‐site consumer
requirements) Investment brokerage establishments.
Savings and loan associations.
ATM
banking transactions, is and
engaged in deposit banking, and
that performs closely related
functions such as making loans,
investments, and fiduciary
activities. Pawnshops are not
considered banks or financial
institutions.
Flea market (See section
34‐288 for special
requirements)
Vendors market.
A site where space inside or
outside a building is rented to
vendors for sale of merchandise.
This would involve the setting up
of two or more booths, tables,
platforms, racks or similar display
areas for the purpose of selling
new and used merchandise,
objects or equipment in small
quantities. The term "flea market"
shall not be intended to include a
garage sale, bake sale, fruit or
produce stands, wholesale
establishments, repair service
establishments or any similar
activities or sales done by a civic
group or by nonprofit
organizations.
Food specialty store
Special service and product food
stores, not otherwise listed:
Dairy stores.
Ice cream parlors.
Meat and fish stores.
Vitamins.
Candy, nut and confectionery stores.
A retail establishment with sales
limited to a range of food groups
and/or related products, for
special needs and diets having a
gross floor area of 3000 square
feet or less.
Funeral homes
Mortuaries.
A place of assembly establishment
in which the dead are prepared
for burial or cremation, and in
which persons assemble for wakes
and funeral services may be held.
Golf course, driving range
Golf course.
An area or course for playing golf,
consisting of at least nine holes,
except miniature golf.
Golf, miniature Driving
range
Driving range. A limited area on
which golf players hit (drive) golf
balls from a central driving tee,
and may practice putting.
Miniature golf course. A “putt‐
putt" courses.
Government facilities,
including administrative,
support and service
Public auto inspection stations.
Public buildings and centers.
Public maintenance and equipment
yards.
Public bus stations and rapid transit
stations and facilities.
See also transit station.
A facility owned or operated by
the federal government of the
United States, the state, the
county, the city, or a quasi‐
governmental agency including
but not limited to, South Florida
Water Management District
facilities and administration and
support facilities of the county
school board.
Greenhouses— plant
nurseries, retail or
wholesale
Garden center.
Farms—plant nursery.
The retail handling of any article,
substance, or commodity related
to the planting, maintenance, or
harvesting of garden plants,
shrubs, trees, packaged fertilizers,
soils, chemicals, or other nursery
goods and related products in
small quantities to the consumer.
Plant nursery means a place
where plants are propagated
and/or grown to usable size for
retail sale or wholesale, or for
experimentation, and which may
include such accessory uses as the
limited and incidental sale of
accessory items such as
greenhouses, the provision of
landscape design services, and
delivery and installation of plants
purchased from the nursery.
Expressly excludes lawn and
landscape maintenance
businesses and mulching
operations as commercial or
principal uses.
Grocery store
A retail establishment with sales
of a wide range of household
staple foods, products, produce,
meat; having a gross floor area of
more than 3,000 square feet.
Gun, pistol range, gun
clubs, archery clubs—
indoor, outdoor
Sport shooting range
(indoors) (See section 34‐
288 for special
requirements)
Gun clubs, private, public.
Archery clubs.
Skeet shooting clubs.
Indoor facility designed and
operated for discharge of firearms
for the purpose of practice
shooting and is for commercial
purposes.
A facility used for the discharge of
firearms or projectiles at targets.
Halfway house , treatment
facility
A community‐based residential
program for persons transitioning
out of corrective services, which is
operated or contracted by the
Department of Juvenile Justice.
May also provide ancillary services
such as mental health counseling
and vocational training. Substance
abuse treatment services shall not
be provided onsite. Shall not
include facilities that are
otherwise defined herein as CRHs.
A facility providing temporary
housing, food, or both, to
indigent, needy, homeless, or
transient persons, and may also
provide ancillary services such as
counseling, vocational training.
Providing health and mental
rehabilitation services for persons
at risk; providing training and
supervision for persons
transitioning out of corrective
services into the general public;
such persons not permanently
residing at the residence. Shall not
include facilities that are
otherwise defined herein as CRHs.
Health club, fitness club
A facility for improving physical
fitness through exercise, the
provision of non‐medical body
therapeutic treatments and
relaxation services, or both. Such
services include, but are not
limited to, licensed massage
therapy and its modalities, facials,
exfoliation, waxing,
aromatherapy, hydrotherapy,
steam and sauna facilities, and
nutrition and weight management
counseling.
Home occupation office
(See sSection 34‐288311
and 34‐312 for special
Accountant, bookkeeper.
Artists and sculptors.
Authors and composers.
Dispatch office.
A business activity conducted
within a dwelling that is accessory
to the use of the building for
dwelling purposes, that involves
requirements) Dressmakers, seamstresses and tailors.
Home crafts, such as model making,
rug weaving, and ceramics.
Internet sales and marketing.
Mortgage broker.
Music instruction.
Office facility of a minister, rabbi,
priest, or other similar person
associated with a church, temple, or
other house worship.
Office facility of a salesman, sales
representative, or manufacturer's
representative, provided no retail or
wholesale transactions are conducted
on the premises.
Pet sitting service.
Photographic studios.
Real estate agent.
Tutor.
only members of the family who
reside permanently and
continuously in the dwelling, and
which does not diminish the
residential character of the
dwelling. Does not include yard
sales conducted in accordance
with this chapter, nor include
home parties that are held for the
purpose of the sale or distribution
of goods or services. Office use
that provides for no on‐site
customer interactions or on‐site
client visits; providing for no
external signage; requiring no
storage of materials, products,
machinery other than required
documents; or as may otherwise
be permitted by this chapter;
providing the primary use of the
premises remains residential.
Pet sitting service. The temporary
keeping within a dwelling unit of
domesticated household pets that
are owned by another person, for
a period of time exceeding 24
consecutive hours. Specifically
excludes the provision of
grooming services, breeding and
training.
Hospital, private/public
(See section 34‐288 for
special requirements)
Psychiatric hospital.
Medical center.
Medical observation dormitory
A private or public institution that
provides emergency and non‐
emergency medical care and
treatment, including patient
sleeping rooms, diagnostic
facilities, and surgical facilities.
Hospitals include emergency
ambulance and rescue service,
and medical offices. A hospital is
distinguished from a medical
center by the provision of surgical
facilities.
Psychiatric hospital or clinic. Any
hospital facility providing
overnight psychiatric care or
observation.
Medical observation dormitory. A
facility at which research and
testing for pharmaceutical and
pharmaceutical device companies
occurs pursuant to a clinical
investigation as defined by 21 CFR
§ 312.3(b), Code of Federal
Regulations. Such investigation is
governed by extensive U.S. Food
and Drug Administration
regulations and involves the
overnight stay of human subjects,
either healthy volunteers or
clinically stable representatives of
subpopulations which may
ultimately use the tested
pharmaceuticals. The facility may
include laboratories, dormitory
rooms, kitchens, observation
rooms and recreation rooms. The
scope of services rendered is to
consist solely of performing
research studies, and does not
include other therapy rendered
for the benefit of a patient or
diagnostic services.
Hospital, psychiatric.
Any hospital or medical facility
providing overnight psychiatric
care or observation.
Hotels, motels, lodging Bed and breakfast establishments. One or more buildings under
Extended stay establishments.
Boarding house.
singular ownership and control,
containing sleeping units—each
having a private bathroom—for
the purpose of providing transient
overnight lodging
accommodations to the general
public, typically for one to ten
days, for compensation. Has a
central inner lobby and front desk
for on‐site reservations, check‐in
and check‐out, daily cleaning
services and on‐site management.
May also include additional
services such as restaurants,
meeting rooms, spas,
entertainment and recreational
facilities. There is no distinction
made in these regulations
between a hotel and motel.
Specifically excludes bed and
breakfasts.
Extended stay establishments. A
hotel designed for guest stays of
generally five to 30 days, with
kitchens or kitchenettes (i.e.,
microwave, stove, and
refrigerator) in the lodging units
for use by the occupants.
Bed and breakfast establishment.
An owner‐occupied and operated
detached dwelling unit that offers
sleeping accommodations without
individual food preparation
facilities, and at least one meal
per day prepared within a
centralized kitchen for transient
guests, for a nightly fee, and
which does not utilize outside
services or employees, except for
those customarily found in single‐
family residential neighborhoods
such as housekeeping and
landscape maintenance. Bed and
breakfasts accept reservations
directly on the premises and
advertise themselves as a bed and
breakfast.
Boarding house. An establishment
providing transient lodging
(nightly, weekly or monthly) that
is not considered a hotel or bed
and breakfast dwelling.
Industrial uses‐heavy (See
section 34‐288 for special
requirements)
Abrasive products manufacturing,
except not including asbestos products
manufacturing.
Blast furnaces, steel works and rolling
mills.
Brick and structural clay tile
manufacturing.
Catch basin cleaning services.
Cement, hydraulic, manufacturing.
Ceramic wall and floor tile
manufacturing.
Cesspool cleaning service.
Clay refractories.
Concrete, gypsum and plaster
products manufacturing.
Construction materials not elsewhere
classified as wholesale trade, including
the following uses:
Aggregate, wholesale.
Cement, wholesale.
Cinders, wholesale.
Gravel, wholesale.
Lime, wholesale.
Sand, wholesale.
Stone, crushed, wholesale.
Stucco, wholesale.
Disinfecting and exterminating
services.
Fuel dealers.
Gas system conversion contractors'
shops, work and storage.
Iron and steel foundries.
Linoleum, asphalt‐felt‐base, and other
hard surface floor coverings
manufacturing.
Miscellaneous structural clay products
manufacturing.
Petroleum and petroleum products
wholesalers other than bulk stations.
Petroleum bulk stations and terminals,
wholesale trade.
Primary smelting and refining of
nonferrous metals.
Railroad equipment manufacturing.
Secondary smelting and refining of
nonferrous metals.
Sawmills.
Septic tank cleaning.
Sewer cleaning and rodding.
Shops, and work and storage yards for
lawn and garden service contractors
including the following:
Garden maintenance contractors.
Garden planting contractors.
Lawn care contractors.
Lawn fertilizing services.
Lawn mowing services.
Lawn spraying services.
Public right‐of‐way lawn mowing and
maintenance contractors.
Sprigging service contractors.
Shops, and work and storage yards for
building construction contractors.
Shops, and work and storage yards for
construction contractors other than
building construction contractors.
Shops, and work and storage yards for
oil and gas producers and contractors
serving oil and gas producers.
Shops, and work and storage yards of
special trade contractors.
Shops, and work storage yards for gas
system conversion contractors.
Solvents recovery service.
Taxidermist.
Warehousing, including the following
uses:
Chemical bulk stations and terminals
for hire.
Petroleum bulk stations and terminals
for hire.
Chemicals and allied products
wholesale trade.
Coal and other minerals and ore
wholesale trade.
Industrial activities that generate
negative externalities in terms of
emission, odor, noise, vibration,
high risk of fire or explosion, or
risk of contamination by means of
chemicals, biohazards, or
radiation. Includes, but is not
limited to, heavy manufacturing,
landfills, incinerators, biohazard
storage, shipping or disposal,
slaughterhouses, petroleum
storage, and petroleum refining.
Industrial uses‐light
(See section 34‐288 for
special requirements)
Aircraft and aircraft parts
manufacturing.
Apparel and other fabric and similar‐
material finished products
manufacturing, not including dyeing,
finishing and coating of textile
products.
Apparel and other fabric and similar‐
material finished products
manufacturing, including dyeing,
finishing and coating of textile
products.
Armature rewinding.
Automatic merchandise machine
operators and servicers.
Bag manufacturing.
Bakery products manufacturing.
Beverage manufacturing.
Boat hiring, except pleasure.
Boat livery, except pleasure.
Boat rental commercial.
Boat yards.
Boathouses.
Boats, except pleasure, wholesale.
Boot and shoe cut stock and findings
manufacturing.
Broom and brush manufacturing.
Burial casket manufacturing.
Canned and preserved food specialties
manufacturing.
Canned fruits, vegetables, preserves,
jams and jellies manufacturing.
Carpet and upholstery cleaning
including the following uses:
Carpet cleaning on customers'
premises.
Catering establishments.
Cleaning and maintenance services.
Coin operated music machine
operators.
Coin operated service machine
operators including scales, shoeshine
machines and lockers.
Commercial testing laboratories.
Communication equipment
manufacturing.
Construction, mining and materials
handling machinery and equipment
manufacturing.
Convention decoration services.
Converted paper and paperboard
products manufacturing.
Costume jewelry, costume novelties,
buttons, and miscellaneous notions
manufacturing.
Cutlery, hand tools, and general
hardware manufacturing.
Dairy product manufacturing.
Decoration services for special events.
Die‐cut paper and paper and paper
products manufacturing.
Direct selling establishments.
Distribution of advertising materials,
including circulars coupons, handbills,
samples and shopping news
publications.
Distribution of telephone and other
directories.
Doll manufacturing.
Dried and dehydrated fruits,
vegetables and soup mixes
manufacturing.
Drive away automobile.
Electric and electronic equipment
repair.
Electric lighting and wiring equipment
manufacturing.
Electrical industrial apparatus
manufacturing.
Electrical transmission and distribution
equipment manufacturing.
Electronic components and
accessories manufacturing.
Engine and turbine manufacturing.
Envelope manufacturing.
Equipment rental and leasing service.
Fabricated structural metal products
manufacturing.
Farm and garden machinery and
equipment manufacturing.
Farm product warehousing and
storage.
Food specialty freezing and related
packing.
Footwear, except rubber,
manufacturing.
Freezer and locker meat provisioners.
Fruit, fruit juice and vegetable freezing
and related packing.
Furnace and chimney cleaning.
Furniture and fixture manufacturing.
Furniture cleaning on customers'
premises.
Furniture stripping and refinishing.
Games, toys, and children's vehicle
manufacturing, except dolls and
bicycles.
General industrial machinery and
equipment manufacturing, including
all uses listed in SIC group 356.
General warehousing and storage.
Glass products from purchased glass
manufacturing.
Grain mill products manufacturing.
Guided missile and space vehicle parts
manufacturing.
Handbags and other personal goods
manufacturing.
Hardwood veneer and plywood
manufacturing.
Heating equipment, except electric
and warm air, and plumbing fixtures
manufacturing.
Household appliance manufacturing.
Ice dealers, retail.
Industrial laundries.
Jeweler's findings, materials and
lapidary work manufacturing.
Jewelry and precious metal products
manufacturing.
Labeling of bottles, cans and other
containers for the trade.
Laundry cleaning and garment
services.
Leather gloves and mittens
manufacturing.
Locker rental, off premises.
Luggage manufacturing.
Mail order houses.
Marinas.
Marine basins, renting and operating.
Marine construction services.
Marine salvaging.
Marine supplies (dunnage), wholesale.
Marine supply dealers.
Marine towing.
Marine transportation, deep sea.
Marine transportation, local water,
ferries and lighterage.
Marine transportation, local water,
towing and tugboat service.
Marine transportation, rivers and
canals.
Marine wrecking, salvaging and
removal of underwater hazards.
Marine wrecking, ships for scrap. Ship
and boat building and repair.
Measuring, analyzing and controlling
instrument manufacturing;
photographic, medical and optical
goods manufacturing; and watch and
clock manufacturing.
Metal cans and shipping containers
manufacturing.
Metal slitting and shearing.
Metalworking machinery and
equipment manufacturing.
Millwork.
Miscellaneous advertising services
including the following uses:
Bus card advertising.
Car carding services.
Display advertising services, except
outdoor.
Poster advertising services.
Miscellaneous electrical machinery,
equipment and supplies
manufacturing.
Miscellaneous fabricated metal
products manufacturing.
Miscellaneous food preparation and
kindled products manufacturing.
Miscellaneous industrial‐type business
services including the following uses:
Apparel pressing services, for the
trade.
Batik work and other hand painting on
textiles.
Bronzing baby shoes.
Cloth cutting, bolting, or winding.
Cosmetic kit assembling and
packaging.
Cotton inspection services.
Cotton sampler service.
Embroidering of advertising on shirts.
Exhibit construction services.
Fire extinguishers, service of.
Float construction services.
Folding and refolding textile products.
Hosiery pairing, on a contract or fee
basis.
Human skeleton preparation, on
material owned by others.
Inspection of commodities.
Laminating photographs.
Liquidators of merchandise, contract.
Mannequin service.
Mounting merchandise on cards,
contract.
Outdoor storage facilities for families
and small businesses.
Packaging and labeling services.
Parcel packing services, contract.
Produce weighing services.
Rug binding for the trade.
Sampling of commodities.
Tape slitting for the trade (cutting
plastic, leather, and other tape into
widths).
Textile folding and packing services.
Textile sponging or shrinking for tailors
and dressmakers.
Tobacco sheeting services, contract or
fee.
Weighing foods and other
commodities.
Welcome wagon services.
Miscellaneous machinery, except
electrical, manufacturing.
Miscellaneous small item
manufacturing, except not including
dressing of furs or hand grenades.
Miscellaneous small leather goods
manufacturing.
Miscellaneous sporting and athletic
goods manufacturing.
Miscellaneous transportation
equipment
manufacturing.Miscellaneous wood
products manufacturing.
Transit advertising services.
Motion picture and television filming
studios.
Motor freight transportation, local and
long distances.
Motor vehicle body manufacturing and
assembly.
Motor vehicle parts and accessory
manufacturing.
Motorcycle, bicycle and parts
manufacturing.
Music distribution service operators
and servicers.
Music instruments manufacturing.
Office computing and accounting
machinery, and equipment
manufacturing.
Ordinance and accessories
manufacturing, but excluding all
ammunition manufacturing.
Outdoor advertising services.
Paints and allied products
manufacturing.
Paper coating and glazing.
Paperboard container and box
manufacturing.
Particle board manufacturing.
Pens, pencils and other office and
artist's materials manufacturing.
Pickled fruits and vegetables,
vegetable sauces and seasoning, and
dressing manufacturing.
Pottery and related products
manufacturing.
Poultry and egg processing.
Pressed and molded pulp goods
manufacturing.
Radio and television receiving
equipment manufacturing.
Radio and television repair.
Refrigerated warehousing.
Refrigeration and air conditioning
service and repair.
Refrigerator and service industry
machinery manufacturing.
Salvaging of damaged merchandise.
Sanitary paper products
manufacturing.
Sausages and other prepared meat
products manufacturing.
Screw machine products and bolt, nut,
screw, rivet and washer
manufacturing.
Ship and boat building and repairing.
Shops or storage yards of building
construction contractors.
Shops or storage yards of gas system
conversion contractors.
Shops or storage yards for lawn and
garden service contractors, including
the following uses:
Garden maintenance contractors.
Garden planting contractors.
Lawn care contract services.
Public right‐of‐way lawn mowing and
maintenance.
Sprigging service contractors.
Shops or storage yards of special trade
contractors.
Sign painting and lettering shops, but
not including sign manufacturing.
Signs and advertising displays
manufacturing.
Silverware, plated ware, and stainless
steel ware manufacturing.
Softwood veneer and plywood
manufacturing.
Special industry machinery and
equipment, except metal working
machinery and equipment,
manufacturing.
Special warehousing, except for the
following:
Chemical bulk stations and terminals
for hire.
Petroleum bulk stations and terminals
for hire.
Stationery, tablets and related
products manufacturing.
Structural industry machinery and
equipment, except metal working
machinery and equipment,
manufacturing.
Structural wood members
manufacturing.
Sugar and confectionery products
manufacturing.
Swimming pool cleaning and
maintenance service contractors.
Tank and tank component
manufacturing.
Textile mill products manufacturing.
Tire retreading and repair shops.
Tobacco processing and products
manufacturing.
Travel trailer and camper
manufacturing.
Truck trailer manufacturing.
Upholstery cleaning on customers'
premises.
Vegetable fat and oil mills, except not
including animal and marine fat and oil
manufacturing.
Water softener services.
Welding repair services.
Window cleaning services.
Window trimming services.
Wood buildings and mobile homes
manufacturing.
Wood containers manufacturing.
Wood kitchen cabinets manufacturing.
Any combination of storage,
research, fabrication,
development, and testing of
finished products intended for end
users, rather than for use by other
industries for additional
processing; and other uses that
are compatible with adjacent
residential development provided
there is basic landscaping
buffering, access control and
architectural treatment of the
industrial development. The
determination of compatibility is
based upon an absence of
negative externalities (noise,
glare, smoke, odor, vibration, etc.)
detectable by humans at the edge
of the lot containing the light
industrial use.
Wholesale fireworks. Fireworks shall be defined in
accordance with F.S. ch. 791.
Sparklers, retail. Sparklers shall be defined in
accordance with F.S. ch. 791.
Laboratory—medical,
research, testing
Facilities for scientific research
and testing, including by way of
example, educational, medical and
forensic, engineering, agricultural,
geological, pharmaceutical, and
dental.
Laundromat, self‐service
A facility where patrons wash, dry,
or dry clean clothing or other
fabrics in machines provided on
the premises.
Liquor package store
An establishment whose vendors
are licensed under F.S.
565.02(1)(a) where the primary
business is the sale of alcoholic
beverages for off‐premises
consumption.
Microbrewery
A microbrewery is a commercial
facility licensed by the state for
the limited‐production and
packaging of malt beverages for
distribution in conjunction with
consumption on premises and
food sales. Additional areas may
be designated within the facility
for on‐site patrons to include
tasting rooms, tours and direct
retail sale space.
Mining/extraction, rock
quarry
The mining, quarrying, developing
of mines for exploration of
nonmetallic minerals, except fuels
or other extractive materials
primarily for commercial
purposes, including, but not
limited to, treating, crushing, or
processing the material or off‐site
disposition for fill.
Mobile home,
Manufactured homes (See
section 34‐288 for special
requirements)
Mobile home park.
Mobile home.
Manufactured building.
Manufactured home.
Mobile trailer.
Any area or tract of land designed
for the parking or other type of
installation of mobile homes or
manufactured buildings or mobile
home on spaces or lots offered for
lease, rent or sale, including all
improvements, buildings,
structures, recreation areas, or
other facilities for the use of the
residents of such development.
Mobile home park means a parcel
of land under single ownership
which has been planned, zoned,
and improved for placement of
mobile homes for nontransient
residential use.
Mobile home means a single or
multifamily dwelling unit
constructed on an integral chassis
that is transportable over the
roadway on wheels attached to
the chassis in one or more
sections and containing
appropriate connections for
plumbing and electrical service
and that is constructed to
standards adopted by the United
States Department of Housing and
Urban Development.
Manufactured building means
structures designed for
residential, commercial, industrial,
and related uses, constructed in
whole or in part away from the
building or installation site and
constructed pursuant to F.S. ch.
553, pt. IV.
Manufactured home means, for
purposes of the flood prevention
and control regulations, a
structure, transportable in one or
more sections, which is built on a
permanent chassis and designed
to be used with or without a
permanent foundation when
connected to the required
utilities. The term "manufactured
home" also includes park trailers,
travel trailers, and similar
transportable structures placed on
a site for 180 consecutive days or
longer and intended to be
improved property.
Mobile trailer means a non‐self‐
propelled vehicle or conveyance
permanently equipped to travel
upon the public highways that is
used either temporarily or
permanently as a residence or
living quarters. Such mobile home
may be affixed to the ground in
accordance with the provisions for
tie‐down of chapter 19A of the
Code of Miami‐Dade County,
Florida, and other similar
additional tie‐downs, but shall not
otherwise be permanently
secured to a foundation.
Nightclub, Discotheque,
Club, Cabarets.
Shall be defined to mean a place
of business, or portion of a
business located within any
building established and operated
for the sale of alcoholic beverages
to be consumed on the premises
and which, the primary activity
shall be or to have any of the
following:
Dancing by patrons on dance floor
clear of tables and chairs.
Provide forms of entertainment,
as herein defined, for the
enjoyment of the patrons.
Seeks to charge an admission
price or obtain other
compensation from the patrons
for entry to the premises.
Nursing Home
A residential facility licensed
annually and inspected by the
Agency for Health Care
Administration (AHCA) where a
person lives or can stay
temporarily for respite care or
recuperation after being in
hospital. Nursing Home services
include 24‐hour nursing care,
health monitoring, personal care,
social activities, nutritional meals
and special diets, and physical,
occupational, and speech therapy.
Office—business, sales,
professional, semi‐
professional services
Adoption services.
Accounting firms.
Advertising agencies.
Boat and yacht clubs, membership.
Insurance agent, broker and service,
but not automobile insurance claims
centers.
Legal offices.
Management consulting and public
relations offices.
Agents and brokers for artists, authors
and playwrights.
Appraisers, except real estate
appraisers.
Architects.
Automobile recovery services.
Automotive insurance claims centers.
Bail bonding services.
Business brokers.
Charge account services.
Child guidance agencies.
Commercial art, graphics and
photography services.
Computer and data processing
services.
Consumer credit reporting agencies,
mercantile reporting agencies and
adjustment and collection agencies.
Contractors office ‐ no equipment or
yard.
Corporations for banking abroad.
Correspondence schools.
Counseling centers.
Designers.
Detective agencies and protective
service offices.
Direct mail advertising services.
Engineers, planners, surveyors.
Family and marriage counseling
services.
Family location services.
Fashion designers.
Foreign exchange establishments.
Installment sales finance
companies.
Interior designers and decorators.
Land developers.
Landscape architects.
Licensed small loan lenders.
Locksmith and key shops.
Manufacturers' representatives.
Medical photography and art
services.
Membership organization offices.
Miscellaneous office type business
services including the following:
Model and acting agencies.
Mortgage bankers and brokers.
Not‐for‐profit, quasi‐government
organizations.
Personal credit institutions not
engaged in deposit banking.
Radio, television and publishers'
advertising representative offices.
Real estate sales offices.
Rediscount and financing
institutions.
Referral services for personal and
social problem.
Safe deposit companies.
Security and commodity brokers,
dealers, exchanges, and services.
Social service organization offices.
Social services counseling offices
including the following:
Sports and entertainment service
offices.
Stenographic services.
Theatrical production and related
service offices.
Trading stamp promotion, but not
trading stamp redemption services.
Travel agencies.
Trust companies.
One or more rooms within a building
occupied by people who carry on
various business functions of an
organization, including, but not limited
to, administration, marketing, data
and information research,
correspondence, formulation of
strategies, dispensing of knowledge
and advice, product design, consulting,
document preparation and editing,
record keeping, and business
transactions, but excluding customer
service centers, call centers and
medical offices. Specifically includes
the offices of psychologists, mental
health counselors and social workers
who are licensed to practice their
respective professions in the State of
Florida.
Offices that do not have any
associated warehousing, distribution,
customer service center, or
commercial vehicles on the same or an
abutting lot.
Office‐medical
office/medical clinic
Chiropodists.
Chiropractors.
Christian Science practitioners.
Cosmetic procedures and surgery.
Dentists.
Dieticians.
Medical clinics by appointment with
and without laboratory and other
incidental medical services.
Midwives.
Naturopaths.
An establishment where patients
are examined, treated or both on
an individual basis by physicians,
chiropractors, dentists,
osteopaths, optometrists,
acupuncturists, and other health
practitioners who are duly
licensed to practice their
respective professions in the
state. Does not include personal
service establishments or places
Nurses, registered and practical.
Nutritionists.
Occupational therapists.
Optometrists.
Osteopathic.
Outpatient clinics.
Rehabilitation centers.
Physicians and surgeons.
Physiotherapists.
Podiatrists.
Psychiatrists.
Psychoanalysts.
Psychologists.
Psychotherapists.
Urgent care centers.
Visiting nurse association.
Walk in clinics with and without
laboratory and other incidental
medical services.
for treatment of animals, nor does
it entail overnight patient stays.
The offices of psychologists, social
workers and mental health
counselors are not medical offices.
(See "business and professional
office.")
Rehabilitation centers . A type of
medical office established to aid
persons affected by excessive or
illegal use of drugs, narcotics or
other hallucinatory substances,
not including alcohol, who have
developed a dependency on such
substances, including but not
limited to methadone
maintenance facilities, and
outpatient rehabilitation facilities.
Outdoor storage—
agriculture
Outdoor storage of vehicles and
equipment associated with
agricultural, aquacultural or
horticultural production. Including
the storage of unistalled trees and
plants, planting materials such as
soils, mulch, fertilizer, planting
pots and planters, lawn
decorations, fountains, ponds, and
statues, and all other related
items.
Outdoor storage, open air
storage, including vehicles
(See section 34‐310 for
special requirements when
this is an accessory use.)
Contractor's yard, vehicle, equipment
and materials storage.
Vehicle storage.
Storage and maintenance facilities for
local, suburban and intercity
passenger transportation operators
including the following uses:
Airport transportation services.
Ambulance service.
The storage of any material for a
period greater than 24 hours
outside of an enclosed building,
including items for sale, lease,
processing, and repair (including
vehicles).
Contractor's yard means an
establishment where machinery
Automobile rental, with drivers.
Bus lines.
Bus charter services.
Limousine rental, with drivers.
School buses.
Sightseeing buses.
Taxicab companies.
or equipment is used for
fabricating building‐related
products, or where building and
grounds construction or
maintenance equipment and
materials are stored. Includes
overnight parking of associated
motor vehicles and construction
equipment. Includes, but is not
limited to, shops for signs
fabricators; awning fabricators;
carpenters; painters; pipefitters;
plumbers; electricians; roofers;
contractors for HVAC, glass,
drywall, stone, flooring, siding,
sheet metal, excavating, masonry,
lighting, asphalt, pools, pest
control, irrigation, solar panels,
doors and windows, general
handyman services, and landscape
installation and maintenance.
Package shipping, mail
service
A retail business that provides on‐
premises packaging, postage,
private mailbox, and shipping
services—via USPS, FedEx, or
other commercial shipping
company, to walk‐in consumers.
May also sell boxes, envelopes
and related packaging materials,
and offer "business center"
services such as facsimile, email,
and small‐quantity photocopying
services to the walk‐in consumer.
Packing facilities—large
An establishment that is accessory
to an agricultural use conducted
on the property of not less than
ten acres upon which fruits,
produce, vegetables grown on the
property are packed for shipment.
Packing facilities—small
An establishment that is accessory
to an agricultural use conducted
on the property upon which fruits,
produce, vegetables grown on the
property are packed for shipment
with the area of the packing
facility being 3500 square feet in
gross area or less.
The area of the packing facility
shall include any building, lean‐to,
pole barn or open area utilized by
the farmer or grove owner in the
course of packing fruit or
vegetables as well as any areas
whether or not within a building
used for the cleaning of produce,
storing of trucks, equipment,
coolers, refrigerated containers,
packing crates or other items used
in the packing operation and
parking of any areas occupied by
vehicles including employee cars
and trucks used by the farmer or
grove owner to transport the
produce to or from the site as well
as any trucks on the property
being loaded for the purpose of
transporting the produce onto or
off the property.
Parking garage, lot—
commercial (See section
34‐288 for special
requirements)
Paid parking lot.
Paid parking garage.
Property which the principal or
accessory use is for vehicle
parking, either self‐park or valet,
where a fee is may be imposed for
parking, may include short term
and long term parking, and which
parking is available to the general
publicpublic parking. Does not
include storage of vehicles or long
term parking.
Parking garage. A structure
consisting of at least two levels
used for parking or storingof
automobiles, inclusive of the
surface parking underneath the
second level where a fee is
charged.
Commercial parking garage. An
off‐street parking area, garage,
lot, or structure where there is a
direct charge for the use of the
parking space of which parking is
available to the general public.
Pawn shop
The location at which a
pawnbroker conducts business.
Pawnbroker means any person
who is engaged in the business of
making pawns as defined in F.S.
ch. 539, as may be amended, who
makes a public display containing
the term "pawn," "pawnbroker,"
or "pawnshop" or any derivative
thereof; or who publicly displays a
sign or symbol historically
identified with pawns.
Personal care services
Barber shop.
Hair salon.
Nails salon.
Jewelry repair.
Petting sitting service.
Tailors.
Shoe repair.
Licensed massage therapy.
Personal training (fitness) studios.
Spa/wellness centers.
A business primarily engaged in
providing individual services on
the premises involving the care of
a person or their apparel, jewelry
and other items worn on one's
person. Astrologists and other
fortune telling activities, medical
services, and mortuaries and
related businesses shall not be
considered personal service
Dry cleaning. establishments.
Place of assembly (See
section 34‐288 for special
requirements)
Auction house
Banquet hall
Funeral homes
Places of religious assembly
Private club, not public
Theater (movie, performing arts)
Meeting halls
Fraternal lodges
Museums
Libraries
Art galleries
Theaters
Concert halls
Planetariums
Any place where people
collectively gather for a communal
purpose. Public assemblies shall
include all of the related uses on
the left. Places of public assembly
shall not include public schools,
restaurants, or public facilities
operated by a governmental
entity.
Place of religious assembly
(See section 34‐288 for
special requirements)
Place of assembly.
A building or portion of a building
in which an auditorium, meeting
hall or similar facility is provided
for people to congregate in a
common space for a religious
purpose.
Plant nursery, retail or
wholesale
Greenhouses, nurseries, retail,
wholesale, vegetable gardens
A place where plants are
propagated and/or grown to
usable size for retail sale or
wholesale, or for experimentation,
and which may include such
accessory uses as the limited and
incidental sale of accessory items
such as greenhouses, the
provision of landscape design
services, and delivery and
installation of plants purchased
from the nursery. Expressly
excludes lawn and landscape
maintenance businesses and
mulching operations as
commercial or principal uses.
Vegetable gardens may be an
accessory use with a residential
use providing said gardens are
planted in the rear yards and for
the sole use of the residents of the
property.
Private clubs (See section
34‐288 under "Places of
Public Assembly")
Subordinate lodges or clubs of national
fraternal or benevolent associations.
Nonprofit corporations or clubs
devoted to promoting community,
municipal, or county development or
any phase of community, municipal, or
county development.
Clubs fostering and promoting the
general welfare and prosperity of
members of showmen and
amusement enterprises.
Clubs assisting, promoting, and
developing subordinate lodges or
clubs of national fraternal or
benevolent associations.
Clubs promoting, developing, and
maintaining cultural relations of
people of the same nationality.
Buildings or facilities, not open to
the general public, owned and
operated by a non‐profit fraternal
or social membership association
incorporated under the laws of
Florida for members and their
bona fide guests, and which may
render, as an accessory use,
services that are customarily
carried on as a business, provided
that such services would be
permitted as principal or
accessory uses in the zoning
district governing the private club
location, and if permitted, whose
sale of alcoholic beverages is by
the drink for consumption on the
premises.
Farmer's market (See
section 34‐288 for special
requirements)
A bona fide farmer's market shall
consist of a minimum of five
occupied individual stands each of
a minimum size of ten feet by ten
feet. Any recurrent establishment
for the retail sale of fresh produce,
fruits, and vegetables and food
products derived from such
produce, fruits and vegetables. In
addition to the aforementioned
uses, plants, organic products,
jewelry, small gardening
implements and supplies, and
small food items may also be sold,
so long as the main use is the sale
of fresh produce, fruits and
vegetables and products derived
from such produce, fruits and
vegetables. In the discretion of the
administrative official, food trucks
may be permitted in limited
numbers, depending upon the size
of the farmer's market.
Public parks and
recreational facilities
A place for active or passive
physical recreation that is either
publicly owned and available to all
city residents, or is privately
owned and available only to
members and their guests. May
have incidental spectator seating,
and including but are not limited
to, athletic courts or fields,
playgrounds, swimming pools,
exercise trails, water parks, golf
courses, archery ranges, and
skateboarding facilities.
Public safety facility
Ambulance services.
Fire stations.
Police stations.
Ambulance services.
Firefighting services.
Private security services.
Police stations, fire stations,
emergency shelters, emergency
operations centers and other type
operations that involve providing
services for the safety and welfare
of the general public.
Race track‐horse, dog, car
A measured course where dogs,
horses or automobiles are entered
in competition against one
another or against time, including
tracks used only in the training of
animals. May include seating,
concession areas, suites, and
parking facilities, accessory
offices, accessory jockey
dormitories, and accessory retail
and dining facilities.
Radio and TV transmitting
station studio, music
production, movie studio
A facility for the production and
broadcast of radio and/or
television programs, including
such elements as offices, dressing
rooms, broadcast and taping
studios, file rooms, set storage
and construction areas, receiving
facilities and transmitting facilities
operating on other than the
commercial or public AM, FM,
television or international
shortwave broadcast frequencies
for the purpose of relaying radio
and/or television signals between
the radio/TV studio and a radio/TV
transmitter site or
communications satellites, mobile
broadcast units, microwave relay
facilities or other such facilities,
the use and accessibility of which
are limited to the broadcast
industry. A building or portion
thereof used for production of
movies, television, radio, music,
including all incidental production
services.
Recycling facility, refuse
disposal
A building or enclosed space used
for the collection and processing
of recyclable materials limited to
paper, glass, plastic, aluminum
and metal cans. Processing means
the preparation of material for
efficient shipment, or to an end‐
user's specifications, by such
means as baling, compacting,
flattening, grinding, crushing,
mechanical sorting, shredding,
cleaning, and manufacturing.
Repair and service shop—
General merchandise
An establishment that services
and repairs household and
business items commonly
delivered to the establishment by
a consumer, such as appliances,
personal computers, fax
machines, small business
machines, furniture, knives and
other implements requiring
sharpening or grinding, cameras,
and musical instruments. Excludes
repair of gasoline powered
equipment repair such as
lawnmowers, air compressors,
pressure washers, emergency
generators, and automotive
repair.
Residential—Mixed‐use
residential
(See section 34‐288 for
special requirements)
The occupancy of a building or lot
by residential uses and
complementary and integrated
commercial or other
nonresidential uses.
Residential—Multifamily
(See section 34‐288 for
special requirements)
A dwelling containing three or
more dwelling units (apartments)
that is not a townhouse dwelling.
Residential—Single‐family‐
detached residential
(See section 34‐288 for
special requirements)
A detached building designed for
and occupied exclusively by a
single family, that is located upon
its own lot of record that is not
shared with any other dwelling,
except as may be provided in this
chapter for an accessory dwelling
unit.
Residential—Townhouse
(See section 34‐288 for
special requirements)
A single‐family dwelling that is
attached along one or both sides
by a party wall to other such
dwellings of similar design, and
forming a group of at least three
attached dwellings, such that each
dwelling has its own individual
entrance at grade level from
outside, and has no other unit
above, below, behind or in front
of it; and such that each unit is on
individual platted lots of record.
Residential—Two‐family
residential duplex
(See section 34‐288 for
special requirements)
A building designed for, or
occupied exclusively by, two
families living independently of
each other with a shared wall
attaching the two units.
Restaurant (See section 34‐
288 for special
requirements)
Restaurant,
Accessory bar/lounge, Sports,
Amusement,
Coffee/sandwich shop,
Cafeteria,
Outdoor café,
Takeout
Restaurant means any business
which primary business is the sale
of food prepared on the premises
for consumption on or off the
premises; where the sale of liquor
and/or beer and wine is entirely
incidental to the principal use of
selling food; where seating and
table service with a full menu
selection are available during
normal business hours; where at
least 51 percent of its gross
revenue from the sale of food and
nonalcoholic beverages.
Accessory bar, lounge means that
area or portion of the main
restaurant establishment, where
alcoholic beverages are served on
the premises; where seating is
provided; where background
music or live entertainment,
amusement, and/or broadcast
events may be provided; where
the hours of operation coincide
with those of the main restaurant
establishment; and where located
logically incidental and accessory
within the main restaurant
establishment.
Sports restaurant means any
restaurant that provides as
primary entertainment and
enjoyment for a majority of its'
patrons broadcasted sports events
and other similar events.
Amusement restaurant means any
restaurant that provides activities
for patrons such as billiards,
games, sports, computer gaming,
internet, and other similar
activities. Shall not include
restaurants/bar, eating
establishments accessory to a
casino gaming or racetrack facility.
Coffee shop/sandwich shop means
an eating establishment in which
coffee, juices, smoothies and
other similar beverages and light
meals are served for consumption
on the premises or taken off
premises by patrons for
consumption. Table service and
full course meals are not offered
to patrons.
Cafeteria mean an eating
establishment where food is
either prepared on the premises
or off premises of which food is
obtained by self‐service and which
may be eaten on the premises
with provided seating or taken off
premises by patrons for
consumption.
Outdoor café means a portion of
the main restaurant, hotel, or
other types of eating
establishment which the patron
area and table service is provided
outdoors.
Restaurants, takeout means an
establishment selling food and
beverages in a form ready for
consumption, all or a significant
portion of the consumption occurs
off the premises.
Retail—big box, club
membership, department
Commercial establishments that
sell or rent commodities in small
and bulk quantities directly to
consumers, and serve both the
day‐to‐day and needs and durable
goods needs of the community.
Any retail or wholesale store, or
combination of abutting stores
that have a gross floor area in
excess of 75,000 square feet.
Retail—general, single use
Autograph dealers.
Book stores.
Camera and photographic equipment
stores.
Carpet, fine rugs and other flooring
stores.
Discount department stores.
Furniture sales and rental
establishments.
Gem stone stores.
Hearing aid stores.
Hobby, toy and game stores.
Household appliance stores, including
lighting fixtures.
Jewelry stores.
Lawn and garden supply stores.
Leather and luggage stores.
Mail order and catalogue stores.
Marine supplies.
Musical instrument stores.
Music and record stores.
Optician retail sales.
Pet stores, but not kennels or
veterinary clinics.
Radio, television and home electronics
stores.
Rock and stone specimen stores.
Sporting goods, including bicycle sales
and repair shops.
Drug stores.
Dry goods and notions stores.
Key shops.
Stationary stores.
Travel agencies.
Variety stores.
Gift, novelty, souvenir and sundry
shops.
Furniture reupholstering and repair,
without furniture stripping locker.
Rental establishments.
Orthopedic and artificial limb stores.
Professional equipment and supplies
sales.
Security equipment sales, without
installation of equipment in motor
vehicles.
Commercial establishments that
sell or rent commodities in small
quantities directly to consumers,
and serve both the day‐to‐day and
needs and durable goods needs of
the community.
Retail—home
improvement, building
materials (See section 34‐
288 for special
requirements)
Building material dealers, including the
following uses:
Brick and tile dealers, retail.
Cement dealers, retail.
Concrete and cinder block dealers,
retail.
Lime and plaster dealers, retail.
Home improvement center. A
facility engaged in the retail sale
of a variety of home improvement
products, including hardware,
appliances, cleaning supplies,
construction supplies, electrical
and plumbing fixtures and
Roofing material dealers, retail.
Sand and gravel dealers, retail.
Structural clay products, retail.
Clean building material supply
establishments including the
following:
Cabinets.
Doors.
Fencing.
Flooring.
Garage doors.
Insulation materials.
Lumber.
Prefabricated buildings.
Roofing materials.
Wallboard.
Windows and screen.
Hardware stores.
Lawn and garden centers.
Propane retail sales.
supplies, paint and wall coverings,
lumber, pool supplies, and tools as
well as lawn and garden supplies.
As an accessory use, a home
improvement center may offer the
short‐term rental of tools,
compressors, chain saws, ladders,
post‐hole diggers, hand trucks and
similar light equipment as well as
trucks.
Lawn and garden center. The
commercial display or sale of
landscape materials and related
items for the planting, maintaining
and accenting landscaped areas,
including but not limited to, trees,
plants and sod, seeds, soil,
fertilizer, mulch, stakes, lawn
chemicals, garden tools and
equipment such as lawnmowers
and irrigation supplies, and
hardscape items such as mulch
bed borders, decorative boulders
and planting pots. May include
installation and delivery of
materials to individual retail
consumers.
Propane retail sales . Retail sales
of propane tanks and fuel for
consumer use. Such tanks and
services may occur outdoors in
confined, secured and marked
areas.
Riding clubs—horses, off‐
road vehicles, motorcycles
A facility that used for the riding
of horses, off‐road vehicles, dirt
bikes and similar uses. The facility
includes open land area for riding,
and may include facilities for
boarding horses or storing the
vehicles, as well as accessory uses
such as, but not limited to, a
clubhouse. The use of the facility
may include, for example, lessons,
rentals and demonstrations.
Salvage yard, junkyard (See
section 34‐288 for special
requirements)
A commercial establishment
where waste or discarded or
salvaged materials are stored or
handled, including, but not limited
to, auto wrecking yards, house‐
wrecking yards, used lumber
yards, and places or yards for
salvaged house wrecking and
structural steel materials and
equipment or salvaged machinery,
used furniture and household
equipment, and the processing of
used, discarded, or salvaged
materials as part of manufacturing
operations.
Secondhand merchandise
store/consignment store
Retail sale of used merchandise,
such as clothing, household
furnishing or appliances,
sports/recreational equipment,
and other items that are generally
obtained through donations or
gifts, which are priced to sell at
below reasonable market value, or
where the revenue received from
selling same is retained by a
charitable or not‐for‐profit
organization or institution.
Seed drying facility
Seed drying facility. A bin or other
enclosed structure used to
remove moisture from seed so
that deterioration from insects,
mold, and enzymic activity will be
negligible. Such bin or structure
may house respiration and heating
equipment and other associated
control devices such as
thermostats, air inlets,
recirculators, stirrers and other
similar devices.
Self‐service storage facility
(See section 34‐288 for
special requirements)
Self‐storage limited access building
One or more buildings, or portions
thereof, containing independent,
fully‐enclosed storage units that
are leased to individuals
exclusively for long‐term storage
of their household goods or
personal property, and which are
not used for any purpose other
than storage.
Self storage limited access.
Limited‐access means a multi‐
storied self‐service storage facility,
with limited access points from
the exterior of the building to
interior halls that serve individual
bays.
Sewage lift or pumping
station (See section 34‐288
for special requirements)
Showrooms, retail sales
Indoor display of materials,
equipment, or products offered
for sale primarily on a retail basis.
Showrooms, wholesale
sales
Apparel, piece goods and notions,
wholesale trade.
Commercial machinery, equipment
and supplies, wholesale trade.
Drugs, drug proprietaries and
druggists' sundries, wholesale trade.
Durable goods not elsewhere classified
as wholesale trade.
Electrical goods, wholesale trade.
Farm‐product raw materials not
elsewhere classified as wholesale
trade, including the following uses:
Animal hair.
Bristles.
Broomcorn.
Feathers.
Fibers, vegetable.
Furs, raw.
Hides.
Mohair.
Moss.
Pelts.
Silk, raw.
Skins, raw.
Wool, raw.
Wool tops and nolls.
Furniture and home furnishings,
wholesale trade.
Hardware, and plumbing and heating
equipment and supplies, wholesale
trade.
Jewelry, watches, diamonds and other
precious stones, wholesale trade.
Nondurable goods not elsewhere
classified as wholesale trade, except
the following:
Bailing of wood shavings for mulch,
wholesale.
Paper and paper products, wholesale
trade.
Professional equipment and supplies,
wholesale trade.
Service establishment equipment and
supplies, wholesale trade.
Sporting, recreational, photographic
and hobby goods, toys and supplies,
wholesale trade.
Supplies, wholesale trade, including
the following uses:
Paint brushes, rollers, sprayers,
wallpaper.
Tobacco and tobacco products
wholesale trade.
Bailing or wood shavings for mulch
wholesale.
Beer, wine and distilled alcoholic
beverages wholesale trade.
Construction and mining machinery
and equipment.
Construction materials not elsewhere
classified, wholesale trade, including
the following uses:
Awnings, wholesale.
Blocks, building, wholesale.
Brick, wholesale.
Building stone, wholesale.
Concrete building products, wholesale.
Felts, tarred, wholesale.
Fence and accessories, wire,
wholesale.
Fiberglass building materials,
wholesale.
Flue linings, wholesale.
Glass, flat, wholesale.
Granite building stone, wholesale.
Insulation, thermal, wholesale.
Masons' materials, wholesale.
Marble building stone, wholesale.
Plaster, wholesale.
Plate glass, wholesale.
Prefabricated buildings, wholesale.
Sewer pipe, clay, wholesale.
Shingles, asbestos cement, wholesale.
Shingles, asphalt, wholesale.
Siding, sheet metal, wholesale.
Stone, building, wholesale.
Structural assemblies, prefabricated,
wholesale.
Tile, wholesale.
Terra cotta, wholesale.
Window glass, wholesale.
Cotton, wholesale trade.
Farm and garden machinery and
equipment, wholesale trade.
Farm product raw materials not
elsewhere classified as wholesale
trade, including the following uses:
Hops.
Oil kernels.
Oil nuts.
Oil seeds.
Peanuts.
Pecan shellers.
Sugar, raw.
Tobacco.
Grain, wholesale trade.
Groceries and related products,
wholesale trade.
Industrial machinery and equipment,
wholesale trade.
Industrial supplies, wholesale trade.
Lumber, plywood and millwork,
wholesale trade.
Metals wholesale service centers,
including warehouse facilities.
Vehicle and automotive parts and
supplies, wholesale trade.
Paints, varnishes and supplies
wholesale trade, including the
following uses:
Calcimines.
Colors and pigments.
Enamels.
Lacquers.
Paints.
Shellac.
Varnishes.
Scrap and waste materials wholesale
trade, including the following uses:
Bag reclaiming, wholesale.
Bottle, waste, wholesale.
Boxes, waste, wholesale.
Fur cutting and scraps, wholesale.
Textile waste, wholesale.
Waste paper, wholesale.
Wiping rags, including washing and
reconditioning, wholesale.
Transportation equipment and
supplies, wholesale trade.
Chemicals and allied products,
wholesale trade.
Coal and other minerals and ore,
wholesale trade.
Construction materials not elsewhere
classified as wholesale trade, including
the following uses:
Aggregate, wholesale.
Cement, wholesale.
Cinders, wholesale.
Gravel, wholesale.
Lime, wholesale.
Sand, wholesale.
Stone, crushed, wholesale.
Stucco, wholesale.
Petroleum and petroleum products
wholesalers, other than bulk stations.
Petroleum bulk stations and terminals,
wholesale trade.
Indoor display of materials,
equipment, or products offered
for sale primarily on a wholesale
basis.
Small Wireless Facility
(See section 34‐288 for
special requirements)
A wireless facility that meets the
following qualifications, as defined
by F.S. 337.401, which may be
amended from time to time: (a)
Each antenna associated with the
facility is located inside an
enclosure of no more than six
cubic feet in volume or, in the
case of antennas that have
exposed elements, each antenna
and all of its exposed elements
could fit within an enclosure of no
more than six cubic feet in
volume; and (b) All other wireless
equipment associated with the
facility is cumulatively no more
than 28 cubic feet in volume. The
following types of associated
ancillary equipment are not
included in the calculation of
equipment volume: Electric
meters, concealment elements,
telecommunications demarcation
boxes, ground‐based enclosures,
grounding equipment, power
transfer switches, cutoff switches,
vertical cable runs for the
connection of power and other
services, and any utility poles or
other support structures.
Smoke Shop/Vape Shop A retail outlet specializing in the
selling of electronic cigarette
products, tobacco products,
smoking equipment; not to
include medical marijuana or
marijuana paraphernalia
Solid waste transfer station
A temporary storage or collection
facility that is operated as a relay
point for nonhazardous solid
waste deposited by collection
vehicles, that ultimately is to be
transferred to a permanent
disposal facility.
Sports fields, batting cages,
basketball courts, racket
ball courts, sporting
Gymnasiums.
Skating rinks.
Swimming pools.
The provision of games of skill or
recreation facilities, and sports
and adventure activities indoors
activities—indoor Tennis, handball, racquetball and
basketball courts. eol;Rock climbing.
Billiards hall.
Paint ball court.
Miniature model car racing.
Miniature golf course.
golf driving range.
Go cart and other race tracks.
Rock climbing walls.
Sports or adventure simulators.
Video game arcades.
Bingo halls.
Indoor paintball or laser tag.
Billiard halls.
Indoor playground.
Skating rink .
Bowling alleys.
BMX bike tracks.
to the general public for a fee.
May include incidental uses to the
activity and accessory retail,
concession stands. Only incidental
uses necessary to service the
primary use shall be located
outdoors.
Sport facilities, tennis clubs,
racquetball clubs, fitness/health
clubs means any chartered or
incorporated club owning or
leasing and maintaining any bona
fide sports club, tennis club or
four‐wall indoor racquetball club,
or fitness club, with clubhouse
facilities, pro shop, locker rooms,
and attendants all located on a
contiguous tract of land owned or
leased by such club.
Sports fields, batting cages,
basketball courts, racket
ball courts, sporting
activities—outdoor
Fishing boats and guides, for hire.
Swimming pools.
Tennis, handball, racquetball and
basketball courts.
Amusement parks.
Drive‐in theaters.
Go‐cart and other vehicular tracks.
Golf courses.
Miniature golf courses.
Sports parks: trampolines, batting
cages, etc.
Sports and recreation camps.
Water slides.
Wave pools.
Boat excursions and sightseeing docks.
Retail boat and yacht basins and
marinas.
Pony rides.
Rock climbing walls.
Sports of adventure simulators.
The provision of games of skill or
recreation facilities, or sporting
and adventure activities outdoors
to the general public for a fee.
May include incidental uses to the
activity and accessory retail,
concession stands.
Sport facilities, tennis clubs,
racquetball clubs, fitness/health
clubs. Shall mean any chartered or
incorporated club owning or
leasing and maintaining any bona
fide sports club, tennis club or
four‐wall indoor racquetball club,
or fitness club, with clubhouse
facilities, pro shop, locker rooms,
and attendants all located on a
contiguous tract of land owned or
Paint ball fields.
Miniature model airplane flying field.
BMX bike tracks.
Equestrian clubs.
leased by such club.
Studio for movie, television,
music production
A building or portion thereof used
for production of movies,
television, radio, music, including
all incidental production services.
Studios—photographic, and
instructional
A building or portion thereof used
for providing individual or group
instruction in an activity or
discipline that includes, but is not
limited to, dance, martial arts,
exercise and aerobics, musical
instruments, photography, or art.
Tattoo parlor, body piercing
Theater (movie, performing
arts) (See section
34‐288 for special
requirements)
Not‐for‐profit theater.
Movie theater.
Cinemas.
Playhouse.
Auditorium.
Place of assembly.
Not‐for‐profit theatres with live
performances means any state‐
chartered not‐for‐profit legal
entity organized principally for the
purpose of operating a theatre
with live stage performances
where, if permitted, sales of
alcoholic beverages shall be only
for consumption on the premises
and only to patrons during any
regularly scheduled live theatre
performance.
Transient housing—
sShelters
A facility providing temporary
residential housing, rooming‐or
dormitory‐style (with or without
board), for persons otherwise
homeless, persons at risk, or
seeking shelter from abuse. Shall
not include halfway housing or
facilities that are otherwise
licensed as a CRH as herein
defined.
Transit, passenger
terminals
Facilities for commercial
transportation operators including the
following uses:
Airport transportation services.
Ambulance service.
Automobile rental, with drivers.
Bus lines.
Bus charter services.
Limousine rental, with drivers.
Passenger railroads.
School buses.
Sightseeing buses.
Taxicab companies.
Transit station
(See also government facilities)
Improvements and facilities at
selected points along public
transit routes for passenger
pickup, drop off, transfer, and
waiting. Facilities and
improvements may include
shelters, benches, signs,
structures, and other
improvements to provide security,
protection from the weather, and
access to nearby services, and also
include accessory convenience
retail and personal care services.
Urban agricultural gardens
(See section 34‐288 for
special requirements)
A plot of land used as a vegetable
garden intended to be cultivated
and harvested by a group of
residents of the surrounding area.
The community vegetable garden
shall be the primary use of the
land. Land for an urban
agricultural gardens can be
publicly or privately held.
Alternatively, community gardens
can be seen as a health or
recreational amenity and included
in public parks, similar to ball
fields or playgrounds.
Utilities and related
facilities
Facilities for the collection and
disposal of refuse.
Processing of wastes collected through
a sewage system.
Processing of water for domestic,
commercial and industrial uses.
Production facilities for electrical
service.
Production facilities for natural and
liquefied petroleum gas.
Electrical substations.
Gas regulator stations.
Major transmission lines.
Telephone exchange and transmission
equipment buildings.
Water pumping stations.
All lines and facilities related to
the provision, distribution,
collection, transmission, or
disposal of water, storm and
sanitary sewage, oil, gas, power,
information, telecommunication
and telephone cable; includes
facilities for the generation of
electricity.
Vehicle fueling stations and
sales
An establishment whose principal
business is the dispensing at retail
of gasoline, oils, greases,
batteries, tires and accessories for
principally for automobiles, and
other motor vehicles and vessels
and where the following accessory
services may be rendered:
(1) Sales and servicing of spark
plugs, batteries, and distributors;
(2) Tire servicing and repair, but
not recapping or regrooving;
(3) Replacement of water hoses,
fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers,
windshield wipers and wiper
blades, grease retainers, wheel
bearings, mirrors and the like;
(4) Radiator cleaning and flushing,
provision of water and the like;
(5) Washing and polishing
services, sales of automotive
washing and polishing materials,
but not car laundries;
(6) Providing and repairing fuel
pumps, injectors, and lines;
(7) Minor servicing and repair of
carburetors;
(8) Emergency wiring repairs;
(9) Adjustment and repair of
brakes and alignment of wheels
and headlights;
(10) Adjustment of engines, which
may involve removal of the
head/and or crank case, but not
the racing of the engine;
(11) Sale of nonalcoholic
beverages and packaged foods
from vending machines, coolers or
racks, as accessory only to
principal operations; and
(12) Provision of road maps and
other informational material to
customers and provision of
restroom facilities.
Vehicle major repair—
mechanical, body
Vehicle towing service
Automotive cleaning, polishing and
detailing contract services for dealers.
Automobile engine repairrebuild.
Automobile paint shops.
Automobile repair, general.
Automobile top and body shops.
Automobile towing services.
Automobile undercoating.
Rebuilding or reconditioning of
motor vehicles, including engines
and drive trains; collision service
including body, frame or fender
straightening or repair; painting or
paint shop; towing services.
Vehicle minor repair—
mechanicalmaintenance,
service
Battery sales and installation.
Brake lining sales and installation.
Carburetor and fuel systems repair.
Minor Eengine repair.
Glass replacement.
Muffler and exhaust system sales and
installation.
Tire sales and installation.
Transmission repair and service.
Wheel alignment service.
Maintenance, minor repair, and or
replacement of individual
automobile engine orand interior
compartment components that
does not include any activity
defined as major vehicle repair
(vehicle repair, major).
Vehicle—parts sales and
installation and service—
new
A commercial establishment
primarily engaged in the retail sale
and installation of new vehicular
parts, tires, batteries and
accessories directly to consumers,
and not for resale.
Vehicle—parts sales, and
installation—usedretail
A commercial establishment
primarily engaged in the retail sale
and installation of used vehicular
parts, tires, batteries and
accessories directly to consumers,
and not for resale.
Vehicle Car rental—
automobile only (See
section 34‐288 for special
requirements)
Automobile, sport utility and light
truck rental and/or storage.
Small recreational vehicle rentals.
Travel trailer sales, rental and/or
storage.
Vehicle rRental—truck and
other vehicles
Truck, tractor trailer, sales, large
recreational vehicles sales, moving
vehicles rental.
Vehicle sales—retail, new
automobiles
(See section 34‐288 for
special requirements)
New car and truck dealerships.
New tractor trailer, large truck
dealerships
New recreational vehicle sales.
New boat sales.
New small recreational vehicle sales.
New motorcycle, moped, scooter
sales.
Other new vehicle or vessel sales.
A sales franchise or unit of an
automobile manufacturer
displaying, selling or leasing new
automobiles. May include used
automobile sales and automobile
repair as accessory uses to the
sale of new vehicles.
Vehicle sales—retail, Used
automobiles
(See section 34‐288 for
special requirements)
Used car and truck sales, used tractor
trailer and heavy truck sales; used
recreational vehicles sales, used
motorcycle, moped scooter sales;
other new used vehicle or vessel sales
Any property used for the display,
sale or lease of automobiles that
have been, or are advertised as
having been, previously leased or
owned.
Vehicle sales – wholesale
dealer, online, independent
dealer. (See section 34‐
288 for special
requirements)
New car/used car
A facility dedicated exclusively to
the online sale of automobiles; no
inventory is stored or displayed
on‐site at any time.
Warehouse, storage
Warehousing, including the following
uses:
Chemical bulk stations and terminals
for hire.
Farm product warehousing and
storage.
Motor freight transportation, local and
long distances.
Petroleum bulk stations and terminals
for hire.
A building or portion thereof, used
for storage. Storage may be
relatively temporary or long‐term.
Watchman, manager or
caretaker quarters—
temporary, permanent (See
section 34‐312 for special
A residence, located on a site for
occupancy by a property caretaker
or security guard.
requirements)
Water plant, waste water
plant
A facility designed for treatment
and disposal of more than 5,000
gallons per day of wastewater,
including large regional plants and
above ground package treatment
facilities.
Wineries, vineyards
An agricultural processing facility
used for fermenting and
processing fruit into wine made
from locally grown produce and
where such wine products may be
tasted and sold. "Locally grown
produce" shall mean produce
grown in Miami‐Dade County.
Wireless antennas and
support services
(See section 34‐288 for
special requirements)
Communication tower.
Any facility that transmits and/or
receives signals by
electromagnetic or optical means,
including antennas, microwave
dishes, horns, or similar types of
equipment, towers or similar
structures supporting such
equipment, and equipment
buildings. The structures may or
may not be camouflaged.
Communication tower means a
ground mounted structure, which
is greater than 20 feet in height,
intended to support devices used
for the transmitting or receiving of
television, radio, or wireless
telephone communications
(excluding those used exclusively
for dispatch communication, ham
radio, and satellite dishes).
(Ord. No. 2010-10-218, § 2(19-30), 4-7-2010; Ord. No. 2010-14-222, § 7, 6-9-2010; Ord. No.
2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2013-07-295, § 2(exh. A), 4-24-2013; Ord. No.
2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No.
2015-05-335, § 4, 5-27-2015; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016)