§ 201. Tense and number; certain words, terms defined.

Words in the present tense include the future; the singular number includes the plural and the plural the singular; the word "shall" is mandatory and not directory; the word "building" includes the word "structure"; the word "used" includes also "designed, intended, or arranged to be used," and said words may be used interchangeably; the term "land use" includes also the use of a building unless the context indicates otherwise; the word "person" includes also firm, partnership or corporation, or any executor, administrator, assign or agent of any of the foregoing. The word "village" means Miami Shores Village, Florida; the term "village council," "planning board," "village manager," "building official (building director)", "director of planning and zoning (director of planning) (planning director),"or the designation of any other body or official means the respective body or official of said village unless specifically otherwise designated; the word "county" means the County of Miami-Dade, State of Florida.

Accessory building or use. A building or use that is customarily incidental and subordinate to the principal building or use of a plot and is located on the same plot therewith.

Adult congregate living facility (ACLF). A facility, the principal use of which is to provide residential and habilitation services, including room and board and personal services to elderly adults (over 60 years of age) who require such services and are unrelated to the facility owner or operator. These facilities may offer central dining, therapeutic care and other services necessary to meet the needs of the residents. ;p0; These include adult congregate living facilities as defined by Section 400.402 of the Florida Statutes and like residential retirement and life care facilities.

Alley. Any passage or way open to public travel other than a street as defined in this ordinance.

Awning. For the purpose of this Code, the term "awning" shall mean any rigid or movable (retractable) roof-like structure, cantilevered, or otherwise entirely supported from a building. An awning is comprised of a lightweight rigid or movable skeleton structure over which a cover is attached.

Block. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, public land or channel or body of water.

Building. Any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground.

Building cubage. The area of a building, computed from the dimensions at the exterior of the walls thereof, multiplied by the height thereof as defined in this ordinance, including:

(1)

Porches enclosed with glass or jalousies and with interiors finished in a manner comparable with that of the interior of the main part of the building;

(2)

One-half of the cubical content of screened porches, measured at the exterior of the walls of the building or, where the wall of a porch is not at the exterior of the building, at the interior wall of such porch;

(3)

Attached garages to a maximum of 1,000 cubic feet, but excluding:

a.

Open porches, patios, porte-cocheres and similar spaces;

b.

All space in attached garage in excess of 1,000 cubic feet;

c.

Any space between street grade and finished first floor level in excess of a vertical height of two feet eight inches.

Building height. The vertical distance from the building level (a) to the top of the roof in the case of flat roofs, or (b) to the mean level between the eaves and the highest point of the roof in the case of roofs of any other type.

Building level. The street grade or an elevation of five and one-half feet above mean sea level, whichever is the higher.

Building, main. A building in which is conducted the principal use of a plot.

Canopy. For the purpose of this Code, the term "canopy" shall mean a fixed roof like structure which is in whole or in part self-supporting with open sides which provide shade or protection from sun or weather.

Club, private. The place of assembly of an association, society or other organization of a fraternal, social or civic character, not operated for profit, including any room or building occupied by a fraternity, sorority, fraternal lodge or similar organization, but not including any casino, nightclub or similar establishment.

Community residential home. A dwelling unit licensed to serve clients of the state department of children and family services, which 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 residents. The clients are limited to: children (as defined in § 39.01(8) and (10), Florida Statutes); the aged (as defined in § 400.618(3), Florida Statutes); physically disabled or handicapped (as defined in § 760.22(7)(a), Florida Statutes); developmentally disabled (as defined in § 393.063(7), Florida Statutes); and mentally ill (as defined in § 394.455(18), Florida Statutes) who do not constitute a direct threat to the health, property and safety of the neighborhood; it shall not include homes for social rehabilitation.

Court. Any exterior space on a plot other than a yard.

Development order. Any order granting, denying, or granting with conditions an application for a development permit.

Development permit. Any building permit, plat approval, rezoning, special zoning approval, site plan approval, or other action having the effect of permitting development.

Domestic pets. Shall have the same meaning as household pets.

Drainage facilities. A system of manmade structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.

Dwelling. A building containing dwelling units. The term "one-family dwelling" or "multifamily dwelling" shall not be deemed to include hotel, motel, rooming house or other accommodation used for more or less transient occupancy.

Dwelling, one-family. A building containing only one dwelling unit.

Dwelling, multifamily. A building or portion thereof containing more than one dwelling unit; or a group of two or more dwellings of any type occupying a plot in one ownership and having any yard or court in common.

Dwelling unit. Living accommodations with cooking facilities for one family.

Family. One or more persons living as a single housekeeping unit and consisting of either:

(1)

Any number of persons related by blood or marriage; or

(2)

Not more than two persons not related by blood or marriage.

Garage, repair. Any place in which repairs are made to motor vehicles other than minor repairs incidental to the operation of a gasoline station.

Gasoline station. Any place that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline, lubricating oil and minor motor vehicle accessories, but not including the keeping of any vehicles for rental or the performance of any auto body work, welding, painting or other than emergency repairs on any motor vehicle, and not including any repair work on buses or on trucks of one and one-half ton capacity or more.

Green space. An area on a plot that is not occupied by buildings or impervious surfaces of any kind and that is located at ground level.

Hedge. A planting of vegetation, with or without openings and regardless of width, that constitutes a barrier more than six feet in length.

Home professional office. An office or studio for an occupation conducted as an accessory use which is clearly ancillary and secondary to the use of the dwelling for residential purposes and which complies with Section 539.

Hospital. Any place for the treatment or other care of human ailments in which overnight accommodations are provided.

Hotel. Any place containing sleeping accommodations in other than a dwelling as defined in this article. The term "hotel" includes also motel, motor lodge, tourist home and any similar establishment.

Household pet. Dogs, cats, birds, reptiles, rabbits, guinea pigs, hamsters, fish and turtles customarily kept in the dwelling unit for pleasure rather than for utility or commercial purposes, but shall not include livestock or exotic or wild animals which would require a permit from the state allowing such animals to be sold or possessed.

Level of service. An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service indicates the capacity per unit of demand for each public facility.

Loading unit. An off-street space available for the loading or unloading of goods, not less than 12 feet wide, 25 feet long, and 14 feet high.

Masonry construction. Masonry construction shall be as described in Section 523.1.

Minor motor vehicle repairs. Any motor vehicle repair, excluding any body work, welding, painting, engine or radiator rebuilding, transmission repair, repair work on buses or trucks of one and one-half-ton capacity or more.

Nonconforming building. A building that does not conform to the regulations prescribed in this ordinance for the district in which it is located but which was lawfully in existence at the time of the adoption of the regulations to which it does not conform.

Nonconforming use. The use of a structure, premises or land that does not conform to the regulations prescribed in this ordinance for the district in which it is located but which was lawfully in existence at the time of the adoption of the regulations to which it does not conform and which has continued thereafter without substantial interruption.

Open-air cafe. An open-air cafe is an outdoor dining area located on a public sidewalk or right-of-way, or on private property, adjacent to and a part of a conventional, established restaurant; providing tables, chairs or benches, where patrons may consume food and beverages provided by the restaurant.

Open space. All that area of a plot at ground level that is not occupied by main building or by roofed accessory structures.

Parking lot. An area of land used exclusively for the standing of motor vehicles other than as an accessory use.

Parking unit. Each parking space required by this ordinance shall be not less than that required in Section 521.

Plat. A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this chapter and of any local ordinances, and may include the terms "replat," "amended plat," or "revised plat."

Plot. A parcel of land, not necessarily coinciding with a lot or lots shown on a map of record, which is occupied or to be occupied by a building and, if any, its accessory buildings, or by a group of buildings having any yard or court in common and, if any, the buildings accessory to such group, together with the open spaces appurtenant to such building or group, and which parcel has frontage on a platted street.

Plot area. The total area of the normally dry land of a plot within the boundary lines thereof.

Plot, corner. A plot bounded on two or more sides by contiguous street lines having an interior angle of 135 degrees or less.

Plot depth. The mean distance from the front street line of a plot to its rear line.

Plot, interior. Any plot other than a corner plot.

Plot, through. A plot bounded by two or more noncontiguous street lines.

Plot width. The least dimension of a plot at a distance from the front street line thereof specified in this ordinance as the required minimum depth of a front yard in the district in which such plot is located.

Room count. The number of rooms in a dwelling unit, counting as a room any floor space of 40 or more square feet in area that is enclosed by partitions or walls having doors or other openings for access, but not including bathrooms or kitchens or any space not included in computing building cubage.

School, public. A school, college or other educational institution operated by a public agency.

Sign. Any device for visual communication, including illumination of such device or illumination by itself, that is used for the purpose of bringing the subject thereof to the attention of the public outside a building. Signs shall be deemed to be of the following classes:

(1)

Incidental signs: Signs incidental and appurtenant to a use conducted on the same plot, or signs of notice or direction displayed by any governmental agency;

(2)

Advertising signs: All other signs than incidental signs.

Sign area. The area within the shortest line that can be drawn around the outside perimeter of the face of a sign, including all decoration and illumination, but excluding supports, if any and as further described in Section 504.1.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street. A public thoroughfare, however designated, that affords the principal means of access to abutting land.

Street grade. The level of the surface of the pavement, top of curb, or surface of cement sidewalk, as established by the village, whichever is the highest.

Street line. Any exterior line bounding a street.

Structural alteration. Any change in the supporting members of a building.

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land, and includes establishment of new streets and alleys, additions, and resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

Swimming pool. Swimming pools shall be deemed to be of the following classes:

(1)

Accessory: A swimming pool located on the same plot with a dwelling or university, incidental and appurtenant to the use thereof, and not open to the general public;

(2)

Commercial: Any swimming pool, other than a public swimming pool, that is open to the general public;

(3)

Public: A swimming pool operated by any public agency.

Use. The specific purpose for which land or a building is designed, arranged, or intended to be or for which it is occupied or maintained. Any private driveway giving any access to any use shall be deemed to be a part thereof whether located on the same plot or not. The term "permitted use" shall not be deemed to include any nonconforming use.

Yard. An open space of uniform width or depth on the same plot with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest plot line and is unoccupied and unobstructed from the ground upward except for certain features specified in Article V. If the chord of the arc of a curved plot line lies within the plot, the measurement of a yard shall be taken from the nearest point of the building or group of buildings to a line parallel to the chord and lying midway between the chord and a line parallel thereto and tangent to the arc of the chord.

Yard, front. A yard extending across the full width of the plot and lying between the front line of the plot and the building or group of buildings.

Yard, rear. A yard extending across the full width of the plot and lying between the rear line of the plot and the building or group of buildings.

Yard, side. A yard between a side line of a plot and the building or group of buildings and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear plot line, as may be.