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HomeMy WebLinkAboutOrdinance 2000-109 ORDINANCE NO. 2000 - '0'1 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-1 OF THE CODE OF MIAMI- DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, ENTITLED DEFINITIONS; PROVIDING FOR ADDmONAL DEFINITIONS INCLUDING DEFINmONS OF THE FOLLOWING TERMS; BOAT, BREEDING, COMMERCIAL VEmCLE, FOWL, HARBORING, KEEPING, MAINTAINING, RAISING, STORAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has adopted the Code of Miami-Dade County including section 33-1 entitled "Definitions" as its own, and; WHEREAS, although the Zoning Code, as adopted, provides definitions of its terms additional definitions are necessary to be incorporated into the code in order to clarify various sectiona of said code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNT ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1-1. Section 33-1 entitled "Definitions", is hereby amended as follows: For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise: (1) Accessory building. A secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal building but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions. Also see Guesthouse. (2) Advertising signs. A surface whereon advertising matter is set in public view, including reference to any use of premises whereon it is displayed or posted. (2.1) Aged person means any person age sixty (60) or over who is currently a resident of the State and who, because of a functional impairment, requires personal assistance with the activities of daily living but does not require nursing home or institutional care. (3) Alcoholic beverages. The term "alcoholic beverages" shall be as defined by Section 561.01(4), Florida Statutes. 02000 - Amendment to section 33-1 1 (4) Alley. A narrow thoroughfare dedicated or used for public passageway up to twenty-five (25) feet in width, upon which usually abut the rear ofthe premises, or upon which service entrances or buildings abut, and not generally used as a thoroughfare by both pedestrians and vehicles, which is not used for general traffic, and is not otherwise officially designed as a street. (5) Alteration. Any change in the arrangement of a building, including any work affecting the structural parts of a building or any change in wiring, plumbing or heating systems. (5.1) Amusement center. Any indoor place or enclosure which contains three (3) or more (12) amusement devices of any description, including but not limited to pinball amusement games, computer amusement games and/or games of chance for the public amusement, patronage or recreation. (60. Apartment. A room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one family with kitchen facilities for the exclusive use of the one family. (6.1) Apartment building. A building which is used or intended to be used as a home or residence for three (3) or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units. (7) Apartment garage. A building designed and intended to be used for the housing of vehicles belonging to the occupants of an apartment building on the same premises, in connection with living quarters and having a square foot area not more than sufficient to house a number of automobiles not exceeding the number of apartments contained in the principal building. (8) Apartment hotel. Any public lodging establishment which otherwise meets the definition of a hotel, but which also has units with kitchen equipment and housekeeping facilities. (9) Arterial highway. Highways enumerated in Section 33-133. (10) Bar or saloon. Any place devoted primarily to the selling or dispensing and drinking of malt, vinous or other alcoholic beverages or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises. (11) Barbecue pit or building. An open or enclosed pit or fireplace or an open on enclosed building used primarily for cooking meats in the "barbecue style." (12) Barbecue stand. A refreshment place where space is provided or allowance is made for automobiles to gather for the primary purpose of serving the occuPants barbecued meats. 02000 - Amendment to section 33-1 2 (12.1) Basement. That portion of a building between floor and ceiling which is so located that one-half or more of the clear height from floor to ceiling is below-grade. (13) Beer The word "beer" shall be as defined in Section 563.01, Florida Statutes. (14) Block. A block shall be deemed to be all that property frontage along one highway lying between the two nearest intersecting or intercepting streets and railroad rightof-way or waterway, golf course, campus, park or similar open space. (15) Boundary of district. The center line of a street or right-of-way or the center line of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the maps adopted by Section 33-3. (J 5.]) Boat. A vessel for travel on water including but not limited to jet-skis. wet-bikes. fishing boats and any other such watercraft and their trailers. (15.2) Breeding. To aid in any manner any animal or insect to propergate or produce offspring by hatching or gestation. including but not limited to feeding. nuturing. housing. or caring for said animal or insect. (16) Building. A building is any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. (17) Building height. The height of a building with a gabled or hip roof shall be the vertical distance measured from the average elevation of the finished building site to the top of the roof of the uppermost story. The height of a building with a flat or nearly flat roof shall be measured from the footing as stated above to the highest point of the roof (but not the parapet or coping shall be used). A flat roof shall be considered a roof that has a slope of less than seven (7) degrees with the horizontal. (18) Building line. The extreme overall dimensions ofa building as staked on the ground, including all area covered by any vertical projection to the ground of overhang of walls, roof or any other part of a structure, whichever is nearest to the property line, will be considered as the building line. (19) Building site. The ground area of a building or buildings together with all open spaces surrounded by said building or buildings. (20) Bungalow court. A bungalow court is a group of three (3) or more family units on one or more adjoining lots, having separate outside entrances on the ground floor level for each single family dwelling, including all open spaces required by this chapter; and all maintained under one ownership. 02000 - Amendment to section 33-1 3 (21) Bungalow villas. A bungalow villa is a group often (10) or more one-story dwelling units containing not more than two (2) single family units per structure, located on one or more adjoining lots and having separate outside entrances on the ground floor level for each single family dwelling, designed to provide accommodations for transient or overnight guests. Structures may be designed for full residential use including cooking and similar facilities, and must be maintained under one ownership. (22) Business. See Place of business. (23) Cabaret. The term shall mean a place of business other than a "night club" located in a hotel or motel having fifty (50) or more guest rooms, where liquor, beer or wine is sold, given away or consumed on the premises, and where music or other entertainment is permitted or provided for the guest of said hotel or motel only. (24) Cafeteria. A place where food is obtained by self-service and eaten on the premises. (25) Center line, highway. A line running parallel with the highway right-of-way which is half the distance between the extreme edges of the official right-of-way width as shown on a map approved by the Department of Public Works. (26) Certified survey. A survey, sketch, plan, map or other exhibit is said to be certified when a written statement regarding its accuracy or conformity to specified standards is signed by the specified professional engineer, registered surveyor, architect or other legally recognized person. (27) Church or religious facility. A church, synagogue or other structure in which worship services pertaining to a particular system of beliefs are held. Wherever the term "church" is used in this chapter the term "religious facility" shall also apply. (28) Club, pressing. A pressing, cleaning or laundry agency where no gasoline or explosive of any kind is used. (29) Club, private. An organization or association of persons for some common purpose, such as but not limited to a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organizations and associations must be incorporated under the Laws of Florida as a non-profit corporation and such corporation's major purpose shall not be for the purpose of serving alcoholic beverages to its members or others. (30) Commercial districts. Either business, industrial or arts and crafts districts. 02000 - Amendment to section 33-1 4 (30.1) Commercial vehicle. The words "commercial vehicle" shall mean any vehicle. whether horse drawn. motor driven. or towed and used. constructed. or equipped. for the transportation of persons. goods. wares. merchandise. tools. or equipment in trade. commerce. or industry or for any commercial purpose including but not limited to vehicles for hire. (30.1) Community residential home. A dwelling unit licensed to serve clients of the State of Florida Department of Health and Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded from said count. (31) Conditional permit. A permit issued subject to revision or cancellation by the issuing department under the terms of this chapter. (32) Convention hall. An assembly or meeting place for delegates for action on particular matters such as political, fraternal, veterans affairs and the like. (33) Court. An open, unoccupied, unobstructed space, except for trees, shrubs and foundations, statuary, other than a yard, on the same lot as a building. (34) Court, bungalow. See Bungalow court. (35) Court, inner A court surrounded by a structure and not extending to a street or alley or to a front, side or rear yard. (36) Court, outer. A court extending to a street or alley or to a front or rear yard. (37) Cubic content. The cubic content of a building is its bulk volume exclusive of the volume below grade. In ascertaining the cubic content of gabled buildings, the height shall be measured from the top of footings (which measurement shall not be below the average elevation of the building site) to a point halfway between the plate and ridge. For a flat roof the highest point of the roof (but not the parapet or coping) shall be used. In determining cubic content, only one-half (1/2) credit shall be given for attached, open porches and porte-cocheres; only two-thirds credit shall be given attached, enclosed garages. No credit shall be given for attached, screened enclosures when roof is of screen. The cubic content required by this chapter and the zoning maps is hereby changed to a square footage requirement by dividing the cubic content requirement by ten (10). After the effective date of this ordinance [Ord. No. 72-201, minimum building sizes will be established on property which is rezoned by the application of minimum square footage figures rather than that of cubic content, and such figures shall be depicted on the zoning maps on a square footage basis. In ascertaining the square footage of a building, the gross horizontal floor area of the floor, or several floors between the exterior faces of the 02000 - Amendment to section 33-1 5 exterior walls of such building shall be included, with only two-thirds credit being given for attached garages and onehalf (1/2) credit being given for attached open porches and porte-cocheres. No credit shall be given for screened enclosures when roof is of screen, nor shall credit be given for detached accessory buildings. (37.1) Department. Unless otherwise specified within this chapter, department shall mean the Department of Planning and Zoning. (37.1.1) Dependent child means: (a) A child who has been found by the court: (1) To have been abandoned, abused, or neglected by his parents or other custodians; (2) To have been surrendered to the department of a licensed child placing agency for purpose of adoption; (3) To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the Department of Health and Rehabilitative Services, whereupon, pursuant to State requirements, a performance agreement has expired and the parent( s) have failed to substantially comply with the requirements of the agreement; (4) To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption and a natural parent or parents have signed a consent pursuant to Florida Rules of Juvenile Procedure; or (5) To be at substantial risk of imminent abuse or neglect by the parent(s) or the custodian; or (b) A child for whom there is no pending investigation by the State of Florida Department of Health and Rehabilitative Services into an allegation or suspicion of abuse, neglect or abandonment; no pending referral alleging the child is delinquent; or no current supervision by the Department of Health and Rehabilitative Services for an adjudication of dependency or delinquency; provided that the child has also been found by the court: (1) To have persistently run away from his parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services and treatment 'offered by the State of Florida Department of Health and Rehabilitative Services; 02000 - Amendment to section 33-1 6 (2) To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services and treatment offered by the State of Florida Department of Health and Rehabilitative Services; or (3) To have persistently disobeyed the reasonable and lawful demands of his parents or legal custodians and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling. (38) Depth of lot. The depth of a lot is the depth between its mean front street line and its mean rear line. (38-1) Development disability means a disorder or syndrome which is attributable to retardation, cerebral palsy, autism, epilepsy, or spina bifida and which constitutes a substantial handicap that can reasonably be expected to continue indefinitely. (39) Director. The word "Director" shall mean the Director of the Department of Planning and Zoning or designee, unless the context dearly indicates otherwise. (40) Dog kennel. The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in a dog hospital, dog beauty parlor or pet shop, as permitted by law, or the keeping of five (5) or more dogs, six (6) months or older, on premises used for residential purposes, or the keeping of more than one (1) dog on vacant property or on property used for business or commercial purposes, shall constitute a kennel. (40.1) Domestic violence means any assault, battery, sexual assault, sexual battery or any criminal offense resulting in physical injury or death of one (1) family or household member by another who is or was residing in the same single dwelling unit. (40.2) Domestic violence center means a facility that provides shelter, counseling and referral services to victims of domestic violence. (41) Dwelling, one family. A private residence building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilating, heating or lighting are designed for the use of one (1) family only. (42) Dwelling, duplex. A residence building designed for, or used as the separate homes or residences of two (2) separate and distinct families, but having the appearance of a single 02000 - Amendment to section 33-1 7 family dwelling house. Each individual unit in the duplex shall comply with the definition for a one (1) family dwelling. (42.1) Electrical power plant means any electrical generating facility of twenty (20) megawatts or more using any process. or, fuel and includes associated facilities except those electrical generating facilities the regulation and certification of which are expressly preempted by Chapter 403, Florida Statutes. (43) Estate. Any residential site comprising an area of one (1) acre or more shall come within the meaning of the word "estate," as provided herein under Districts EU-1, EU-IC and EU-2. (44) Family. One (1) person, or group of two (2) or more persons living together and interrelated by blood, marriage or.legal adoption, occupying a dwelling unit designed as a single-family use, as a separate housekeeping unit with a single set of kitchen facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. (45) Filling station. See Gas station. (60.2) Floor area ratio. The floor area of the building or buildings on any lot divided by the area of the lot. (45.2) Fowl. A bird of any kind. (46) Frontage. Distance measured along a highway right-of-way. (46.1) Fruit and vegetable stand Any portable establishment for the retail sale of locally grown fresh fruit and vegetables and food products derived from such fruit and vegetables. (47) Garage, community. A structure or series of structures under one (1) roof, and under one (1) ownership, for the storage of vehicles by three (3) or more owners or occupants of property in the vicinity, where said structure has no public shop or mechanical services in connection therewith. (48) Garage, mechanical. See Garage, public. (49) Garage, private. A structure not larger than five hundred (500) square feet in area for the private use solely for the owner or occupant of the principal building on a lot or of his family or domestic employees for the storage of noncommercial motor vehicles, and which has no public shop or mechanical service in connection therewith. (50) Garage, public. A structure for the storage, care, repair, or refinishing of motor vehicles, or a structure containing a public shop, or where automobile mechanical service is provided. 02000 - Amendment to section 33-1 8 (51) Gas station. A structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles and including the customary space and facilities for the installation of such commodities on or in such vehicles but not including space or facilities for the storage, painting, repair, refinishing, bodywork or other servicing of motor vehicles. (51.1) Governmental center A site or tract of land where three (3) or more departments or divisions of a government are located. (52) Grade. The established grade of premises, whether vacant or improved, is the highest elevation of the sidewalk at the property line as fixed by the County. (53) Gridiron system. A rectangular system of street and blocks. (53. 1) Group home. A dwelling unit licensed by the State of Florida Department of Health and Rehabilitative Services which is licensed to serve resident clients and which provides a living environment for not more than six (6) unrelated residents who operate as a functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded in said count. (54) Guesthouse. A single family building in the rear year area of a residence which is not occupied year around, but which is used as temporary residence, only. Such a building shall conform to the requirements for accessory buildings, except that a sink, bathtub and cooking facilities may be provided. Only nonpaying and personal guests of the occupant of the principal residence shall occupy a guesthouse. Year around occupancy shall not be pemiitted by the same guest, nor shall the owner occupy the guesthouse and rent the principal residence. (54.1) Harboring. Giving shelter or refuge to. (55) Height of building. See Building height. (56) Highway. Any public thoroughfare wider than twenty-five (25) feet including streets, which affords primary access to abutting property, and any thoroughfare of less width which is not classed as any alley. Also see definition of arterial highway. (57) Home office. An office designed for and operated as a home occupation/office location in a dwelling unit, and carried on by a person residing in the dwelling unit involving only written correspondence, telephones, computers, or other common office equipment, and which is clearly ancillary and secondary to the use of the dwelling for residential purposes. A home office shall preclude any business operation which requires or permits customers or patrons to visit the dwelling. The incidental taking of office work home and completing same, by a person having a business address other than the residence, shall not constitute 02000 - Amendment to section 33-1 9 the establishment of a home office and shall continue to be permitted in conjunction with a residential use without regard to the provisions of Section 33-25.1 of this code. It is further provided that an office use ancillary to a permitted, bonafide agricultural use shall not constitute a home office. (58) Hotel. A building in which lodging, or boarding and lodging, are provided as the more or less temporary residence of individuals who are lodged therein and in which ingress and egress to and from all rooms are made through an inside lobby supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boarding, lodging house or an apartment building. Keys to the rooms and mail for the occupant of the hotel are received and generally kept by the attendant at the desk in the lobby. Daily linen service and other normal and customary hotel services shall be offered to the individuals lodged therein. No more than five (5) percent of the individual hotel units shall be occupied for more than six (6) months. Kitchen facilities in individual units may be offered. (59) Intoxicating liquors. For the purpose of this chapter, "intoxicating liquors" shall be as defined in Section 561.01(8), Florida Statutes. (60) Junk. Old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed within the County limits. Also see Trash. (60.1) Abandoned property. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements. (60.2) Light truck shall mean a truck having a net vehicle weight not to exceed five thousand (5,000) pounds. (60.3) Keepinf. To continue to maintain or cause to remain in a given place. situation. or condition or to retain in one's possesion. (61) Lot. Parcel ofland shown on a recorded plat or on the official County zoning maps or any piece of land described by a legally recorded deed. (62) Lot, comer lot. Any lot situated at the junction of and abutting on two (2) or more intersections or intercepting streets or public highways. If the angle of intersection of the 02000 - Amendment to section 33-1 10 direction lines of two (2) highways is more than one hundred thirtyfive (135) degrees, the lot fronting on said intersection is not a corner lot. (63) Lot, interior. Any lot which is not a comer lot. (64) Lot, key. A "key" lot is a lot so divided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both of the sides of the aforesaid "key" lots. (65) Lot lines, front. In the case of a lot abutting upon only one (1) street, the front lot line is the line separating such lot from such street. In the case of a corner lot that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one (1) such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans which meet the approval of the Director. Also see Right-of-way. (66) Lot lines, rear The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, or any odd shaped lot, the rear lot line shall be determined by the Director. (67) Lot lines, side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. (68) Lot, through. Any lot having frontage on two parallel or approximately parallel streets or other thoroughfares, except platted lots required to maintain a decorative wall as defined in Section 28-1(k) along the rear property line as required by the plat. (68.]) Maintaining. The act of keeping or sustaining including the upkeep of property or equipment. (69) Mapped streets. A mapped street is any approved street shown on an official map or the projection of any 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 five acre fractional lines shall be deemed the center lines of mapped streets, unless the same are waived by the Director of the Building and Zoning Department and the Director of Public Works. (69.1) Mentally ill means an impairment of the emotional processes, of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to understand, which impairment substantially interferes with a person's ability to meet the ordinary demands of living, regardless of etiology; except that, for the purposes of this definition, the term does not include retardation or developmental disability, simple intoxication, or conditions manifested only by antisocial behavior or drug addiction. 02000 - Amendment to section 33-1 11 (70) Mobile home (trailer). 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. (7 J) Motel. A building or a group of two (2) or more buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms which shall generally have direct, private openings to a street, drive, court, patio, or the like. (7 1. J) Multiple family housing development orProject. Three or more single family buildings, or more than one (1) two-family building or more than one (1) multiple family building on a building site, or any combination thereof. (72) Neighborhood. The area, included in one (1) predominant type of use, such as residential neighborhood, together with the area having values ardently affected by any usage in that area. (73) Neighborhood store. A retail establishment which supplies household requirements to the immediately surrounding residential neighborhood, such as a delicatessen, grocery, drug-sundry, tobacco stores, etc. (74) New subdivision. A subdivision of land into lots, parcels or tracts, excluding any subdivision included under "old" subdivision. (75) Night club. Any place of business located within any building or establishment under one (1) roof and on one (1) floor, established and operated for the purpose of supplying entertainment or music, or both, and providing meals and refreshments prepared on the premises, having a seating capacity of not less than forty (40) people at tables; having an aggregate floor space of not less than two thousand two hundred (2,200) square feet, and providing a dance floor containing not less than three hundred eight (308) square feet; such floor space providing for dancing to be free from chairs, tables or other obstructions at all times. (76) Nonconforming use. Use of any property or premises in any manner which does not comply with the regulations provided for the district in which the property or premises provided for the district in which the property or premises are situated, if such use was originally legally established. (77) Official right-of-way. This term shall be interpreted to mean the zoned right-ofway width as established in this chapter. 02000 - Amendment to section 33-1 12 (78) Old subdivisions. A subdivision on which the plat has been officially accepted and recorded prior to August 2, 1938, and which has not been reverted to acreage, tracts or blocks. (78-1) A physically handicapped or disabled person shall mean a person who has a physical or mental impairment which substantially limits one (1) or more major life activities or who has a record of having, or is regarded as having, such physical or mental impairment. (79) Pigeon loft, noncommercial. The maintenance of not more than fifty (50) carrier or racing pigeons for the purpose of engaging in the hobby of racing pigeons for sport. (80) Pit. A hole in the ground, such as a rock quarry or other excavation. (81) Place of business. Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in or on which one (1) or more persons engage in a gainful occupation. (81.1) Planning Division. The words "Planning Division" shall mean the Planning Division of the Department of Planning and Zoning. (82) Point of sale. The boundary of the room and the necessary parts of the building in which products are sold. (83) Poultry market. A commercial establishment or place where live poultry is kept and offered for sale. (84) Reserved. (85) Principal building. The building situated or to be placed nearest the front property line and the use of which conforms to the primary use permitted by the zone classification in which it is located. (85.1) Raisin~. To breed and/or bring up an animal. including caring for it in any manner. (86) Repairs. Restoration of portions of a building to its condition as before decay, wear or damage, but not including alteration of the shape or size of any portion. (86.1) Resident client shall include an aged person, a physically disabled or handicapped person, developmentally disabled person, dependent child, or a nondangerous mentally ill person. (87) Residential. The term "residential" or "residence" is applied herein to any lot, plot, parcel, tract, area or piece of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein. 02000 - Amendment to section 33-1 13 (88) Restaurant. A building, room or rooms, not operated as a dining room in connection with a hotel, where food is prepared and served to a group of families, a club or to the public and for consumption on the premises. (89) Resubdivision. Any change in the shape or size of any lot, tract or parcel of land previously platted for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage or other use. Any change in the shape or size of any lot, tract or parcel of land previously approved for building purposes whether immediate or future and regardless whether or not the same is vacant or improved in whole or in part, for sale, rent, lease, building development, anchorage or other use. (90) Right-of-way line. The outside boundaries of a highway right-of-way, whether such right-of-way be established by usage, dedication or by the official right-of-way map. (91) Rooming house. A residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to less than five (5) transient or permanent guests or tenants and in which less than five (5) and more than three (3) rooms are used for the accommodation of such guests or tenants, but which does not maintain a public dining room or cafe in the same building, nor in any building in connection therewith. (92) Screen enclosure. A frame erected of metal or wood spaced and constructed in accordance with Ordinance No. 57-22, * South Florida Building Code, as from time to time amended, which framing and overhead supports are only covered with insect screening of metal, fiberglass or other approved insect screening material when such screening possesses at least fifty (50) percent open area per square inch, provided that such framing and overhead supports are solely for the purpose of supporting such screening and shall not have the effect of appearance of a roof or a wall, building siding or louvered structure. (92.1) 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. (93) Servants' quarters. A secondary residential building occupied by an employee of the principal residential building and conforming to the restrictions of this chapter, including those for accessory buildings. (94) Service bar The term service bar shall mean a liquor, beer or wine or other alcoholic, vinous or malt beverage bar or counter used in connection with the operation of a bona fide restaurant, situated in the kitchen or some room where guests are not allowed to enter and not situated within the room or that portion of the restaurant wherein food is served to guests; at which bar or counter drinks are prepared solely for the purpose of service to and consumption by the guests of the restaurant, and from which bar and counter drinks 02000 - Amendment to section 33-1 14 are dispensed solely for consumption by the guests of the restaurant seated at tables within the room or portion of the restaurant wherein food is served to the guests. No service of drinks or food is permitted to guests or patrons at the service bar. (95) Service station. See Gas station. (96) Setback. The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the building. When two (2) or more lots under one ownership are used, the exterior property line so grouped shall be used in determining offsets. (97) Site. Area of premises to be covered by a structure. (97.1) Sponsoring agency shall mean an agency or unit of government, a profit or nonprofit agency, or any person or organization which intends to establish or operate a group home or a community residential home. (97.2) Storage. The keeping or maintaining of goods. equipment. and/or any property in a specific location for any amount of time. (98) Store. A building in which commodities are sold at retail or wholesale. Also, see Neighborhood store. (99) Story: ( a) That portion of a building included between the uppermost surface of any floor and the uppermost surface of the floor or roof next above. (b) That portion of a building between floor and ceiling which is so located that more than half of the clear height from floor to ceiling is above grade. ( c) In any residential building in which the area of the upper floor does not exceed two-thirds of the area of the floor immediately below it, such upper floor shall not be considered a story. (d) That portion of a building in a high flood hazard district below the elevation of the regulatory flood level and below the lowest habitable floor, and constructed in accordance with Chapter 11 C (Development Within Coastal Flood Hazard Districts) of the Code of Metropolitan Dade County shall not be considered a story. (100) Street. See Highway. 02000 - Amendment to section 33-1 15 (101) Structural alterations. Any change in the shape or size of any portion of a building or of the supporting members of a building or structure such as walls, columns, beams, arches, girders, floor joists or roof joists. (102) Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a pennanent location on the ground, including buildings, walls, fences, signs, light standards, towers, tanks, etc. (103) Subdivision. A division of a lot, tract or parcel of land or water into two (2) or more lots, plats, sites or other subdivisions of land or water for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication or other use. (104) Tearoom. A room in a building for use in serving light meals and nonalcoholic beverages. (105) Tent. Any structure or enclosure, the roof or one-half or more of the sides of which are of silk, cotton, canvas or any light material, either attached to a building or structure or unattached. (105.1) Testing laboratory or plant. A testing laboratory shall mean a plant which tests materials, products, methods and systems in accordance with established standards or procedures. (106) Tourist cottage. A single family dwelling used as one of the units ofa tourist park. (107) Tourist park. Any lot or plot of ground upon which three (3) or more single family camp cottages or two (2) or more trailers are located and maintained for the accommodation of transients, where a charge is or is not made. (108) Trailer 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 tiedown of Chapter 19A of the Code of Metropolitan Dade County, Florida, and other similar additional tie-downs, but shall not otherwise be permanently secured to a foundation. (109) Trailer camps. See Tourist park, (110) Trailer park. See Tourist park. (11 0.1) Reserved. (111) Trash. Cuttings from vegetation, refuse, paper, bottles, rags. Also see Junk. (112) Unincorporated areas. Any land in the County not lying within the boundaries of a duly incorporated village, town, municipality or other such governmental unit. 02000 - Amendment to section 33-1 16 (J 12.1) Utility shed An accessory detached storage building. (J 13) Vehicle. A conveyance for persons or materials. (113.1) Warehouse membership. A use designed and operated for warehousing and sale of merchandise at retail and wholesale prices to members. (J 14) Waterfront. Any site shall be considered as waterfront premises provided any or all of its lot lines abut on or are contiguous to any body of water, including creek, canal, bay, ocean, river or any other body of water, natural or artificial, not including a swimming pool, whether said lot line is front, rear or side. (J 15) Wine. The word "wine" shall be as defined in Section 461. 0 1 (4), Florida Statutes. (116) Yard An open space on the same lot with a building, said space being unoccupied and unobstructed from the ground upward, except as otherwise permitted herein. (117) Yard, rear The yard area lying to the rear of the principal building. (118) Yard, side. The year area lying to the sides of the principal building. (119) Zoning Official. The Zoning Official shall be the Assistant Director for Zoning of the Department of Planning and Zoning. Section 1-2. Severability. Provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional, shall decision shall not affect the validity of the remaining section, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 1-3. Inclusion in Code. It is the intention of this Commission and is hereby ordained that the provisions of this Ordinance shall become and made part of the City of Sunny Isles Beach Code~ that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to Section or other appropriate word. Section 1-4. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 02000 - Amendment to section 33-1 17 Section 1-5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this ~I~ day of o<:.\obw. 2000. - . . 01 2000. PASSED AND ADOPTED on second reading this , .. day of .. , 1\Tr.EST: ..~~~~~~tl. '. .'Richard Btjown-MoriiIa, City Clerk ~.:~~~: X~!'~~~~~rw VOTE: L..\ -0- \ Mayor David Samson Vice Mayor Connie Morrow Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Irving Turetsky (yes) V (yes)~ (yes) v (yes) =z (yes)_ (no)_ (no)_ (no) _ (no)_ (no) _ I\bseh+ 02000 - Amendment to section 33-1 18