§ 21-1. Definitions and rules of construction.

(a)

For the purpose of this chapter, which shall be known as the Zoning Ordinance of Bal Harbour Village, Florida, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words "used for" include the meaning "designed for"; the word "structure" includes the word "building"; the word "shall" is mandatory and not directory; and the word "lot" includes the words "plot" and "tract".

(b)

Words and terms not defined in this section shall be interpreted in accord with their normal dictionary meaning and customary usage.

(c)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory Building means a subordinate Building or outbuilding, or a portion of the main Building, which is located on the same Lot or which is on a contiguous Lot, the use of which is clearly incidental to the use of the main Building.

Accessory Uses means uses customarily incident to the principal uses as permitted, but not including any commercial activity. Any Building, the use of which is not clearly accessory and incidental to the main occupancy, shall be considered as a separate occupancy and shall conform to the provisions of this chapter and chapter 6 for such occupancy.

Apartment Court means a group of two-story Buildings erected on one or more adjoining Lots and usually grouped around a common Yard or Court, each Building containing Apartment Units separated by a party wall and suitable for occupancy for a single Family and in which complete living facilities are provided.

Apartment Hotel means a Building, usually under resident supervision, made of three or more Apartment Units and Hotel Rooms, arranged with common corridors and exits and maintaining an inner lobby or foyer through which there is access to apartments and Rooms, and which may furnish dining room service primarily for Tenants.

Apartment House means a Building made of two or more Apartment Units or dwelling units so arranged that each unit has direct access, with or without common corridors, to a means of egress from the Building, and which may or may not maintain an inner lobby for its Tenants.

Apartment Unit means a Room or suite of Rooms occupied or suitable for occupancy as a residence for one Family, and in which complete living accommodations are provided. The existence of or the installation of a sink and/or cooking facilities within a Room or suite of Rooms shall be deemed sufficient to classify such Room or suite of Rooms as an apartment or dwelling unit.

Balcony means an unenclosed platform that projects from an opening in the wall of a Building and has a parapet or railing.

Building means a Structure, the use of which demands a permanent location on the land, built for the support, shelter and enclosure of Persons, chattels, or movable or stationary Property of any kind; or anything attached to something having a permanent location on the land.

Building Lines means lines established by this chapter, beyond which a Building or any projection of a Building may not extend, except as specifically provided in this chapter.

Bulkhead or Seawall means a wall, constructed along the ocean, bay, Indian Creek or Baker's Haulover, to retain or resist lateral displacement of any material back of it. For the purpose of this chapter, the established Bulkhead, Seawall or erosion control line on the ocean, bay, Indian Creek and Baker's Haulover shall be regarded as a point of measurement for Setback requirements of all Structures fronting on these bodies of water.

Cabanas means permanent or portable bath cabins, together with only such accessories as boardwalks, wood slat walks or sundecks, terraces, rubbing rooms and toilet facilities, but not intended for sleeping or living quarters.

Carport means that portion of a Building or a canvas Structure under which vehicles may be driven for the purpose of providing shelter for either the vehicles or Persons, and which is open, full width, front and rear, in the direction of vehicle travel.

Club, Private, includes those associations and organizations of a fraternal or social character not operated or maintained for profit. Private Clubs shall not include casinos, nightclubs, or other institutions operated as a business.

Court means an open, unoccupied, unobstructed space, other than a Yard, on the same Lot as a Building.

Court, Inner, means a Court not extending to a Street or alley or to a front, side or rear Yard.

Court, Outer, means a Court extending to a Street or alley.

Density. In the Ocean Front District, Density refers to the total number of dwelling units and/or sleeping units capable of separate occupancy per gross acre of land. In other zoning districts, Density refers to the total number of dwelling units and/or sleeping units per platted Lot.

Development order means any order or agreement granting, denying, or granting with conditions an application for a development permit.

Development permit includes any building permit, zoning permit, subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

Dwelling, Multiple-Family, means a detached Building designed for occupancy otherwise than as a Single-Family Dwelling. The term "Multiple Dwelling" shall be understood to include Apartment Houses, Apartment Courts, and all other Family dwellings of similar character, but not to include Hotels or Apartment Hotels.

Dwelling, Single-Family, means a detached Building designed for or occupied exclusively by one Family only, living as a single housekeeping unit, together with such accessory accommodations as may be reasonably required for the proper operation of the premises as a single-family unit.

Erosion Control Line means a surveyed line established by the State and recorded in the public records of Dade County, Florida, which serves as the seaward boundary of Property in the Village.

Family means one or more Persons occupying premises and living together under one head as a single housekeeping unit. The term "Family" shall be deemed to include domestic or personal servants, but shall not include paying guests.

Floor Area Ratio (FAR) means the Gross Floor Area, not including Parking Structures, on a Lot, divided by the Lot area. (For example, a Building containing 20,000 square feet of floor area on a zoning Lot of 10,000 square feet has a Floor Area Ratio of 2.0).

Garage, Private, means a garage in which no business, service or industry connected directly or indirectly with motor vehicles is carried on.

Garage, Storage, means a garage used only for the storage of motor vehicles, or where any such vehicles are stored or kept for remuneration.

Grade. When used in connection with the elevation of the ground, Grade means the average level of the natural ground adjacent to the exterior walls of a Building and shall be measured in feet above the finished grade of the center of the street on which the Lot fronts, or refers to an elevation above an established benchmark.

Groin means a Structure built of wood, steel or concrete on piling, running seaward, and serving the purpose of a breakwater to prevent beach erosion.

Gross Floor Area means the area of all Structures, including all floors but excluding mezzanines, elevator shafts, emergency stairwells, trash chutes, other vertical mechanical spaces and open balcony areas, measured to the outside of the Structure at each floor.

Guest House means a detached Structure or accessory Building intended to be occupied by nonpaying guests in connection with a Single-Family Dwelling, and equipped with sanitary plumbing facilities only; it shall provide Rooms and necessary appurtenances for the sleeping accommodations of nonpaying guests and their servants, but shall not provide cooking facilities. When used in connection with a Multiple-Family Dwelling, a Guest House means a detached dwelling occupied or intended to be occupied for hire and shall be considered an Apartment Unit, with complete living accommodations permitted.

Guest Room. In connection with a Single-Family Dwelling, Guest Room means a Room in the main or accessory Building, occupied or intended to be occupied by nonpaying guests, and equipped with sanitary plumbing facilities only. When used in connection with a Multiple-Family Dwelling, Guest Room means a Room in the main Building to be occupied by paying guests, and shall be considered the same as a Hotel Room.

Height of a Building or Structure means the vertical distance from the average Street Grade to the highest point of the coping of a flat roof or to the average height of the highest gable of a pitch or hip roof. Penthouses shall be considered in determining both the Height and the number of Stories of a Building. When a parapet wall is provided, the vertical distance shall be measured from the average Street Grade to the highest point of its parapet wall. Parapet walls shall not exceed four feet in height as measured from the highest point of the roof to the highest point of the parapet wall.

Hotel means a Building or premises where lodging or sleeping accommodations of more than 100 Rooms are provided.

Landscaping means various forms of live plant materials, including trees, shrubs, ground cover, flowers, grass or other similar materials. It shall not be construed to include hard materials such as concrete, stone, brick pavers or other similar treatments which may be utilized in conjunction with live plant materials.

Lot means a parcel of land fronting on a Street, drive, or waterway, which is or may be occupied by a Building and its necessary Buildings, including the open spaces required under this chapter, and which parcel of land is a matter of record in Dade County, Florida.

Lot, Corner, means a Lot abutting on two or more Streets at their intersection.

Lot Coverage means the percentage of Lot area that is covered by surfaces impervious to the penetration of water into the ground. For purposes of making maximum Lot Coverage calculations, brick paver surfaces will be counted as 50 percent of their area being impervious.

Lot Depth. The depth of a Lot is the distance, measured in the mean direction of the side lines of the Lot, from the midpoint of the Street Lot Line or Bulkhead line to the opposite main rear line of the Lot or, in the case of a three-sided Lot, to the intersection of the side lines.

Lot, Interior, means a Lot other than a Corner Lot.

Lot Lines means the lines bounding a Lot.

Lot, Through, means a Lot which abuts on two opposite ends on Streets or other similar public spaces.

Lot Width means the mean width of a Lot measured at right angles to its depth.

Mechanical Equipment includes but is not limited to air conditioning compressors and condensers, heating-ventilation equipment, electrical transformers, and pool or spa equipment, ground-mounted or on pads.

Mixed Occupancy means occupancy of a Building or land for more than one use.

Nonconforming Use means a Building or land occupied by a use that does not conform with the regulations or the use district in which it is situated.

Parking Lot or Parking Area means an open, unoccupied area of land used or required for use for parking of automobiles. Parking Lots or Areas shall be located or permitted in Multiple-Family, Business or Private Club Districts only.

Parking Structure means any Structure designed and used primarily or exclusively for parking or storage of automobiles or other motor vehicles.

Penthouse means any Structure above the main roof of a Building used for living, professional or business purposes. Penthouses may also be used for housing elevator machinery and water storage tanks. Penthouses, except when used for machinery or storage of water, are considered as an additional Story to the height of a Building and shall be considered in Height measurement.

Permitted Use means any purpose for which Buildings or other Structures or land may be arranged, designed, intended or occupied.

Porch means a roofed-over portion of a Building which is open or screened on one, two or three sides, one or two Stories in Height.

Portable Storage Unit means a transportable container designed for outdoor use which is not a "building" or "structure" as those terms are defined in this section, which is ordinarily rented or leased to owners or occupants of real property, is placed and removed by means of a truck or other motor vehicle, and is designed for the storage of property.

Porte-Cochere means a one-story Porch under which vehicles may be driven for the purpose of providing shelter for either the vehicles or Persons, and which is open, full width, front and rear, in the direction of vehicle travel, and open not less than 50 percent on the outer side.

Principal Building means a Building containing the principal use of the Lot on which the Building is situated.

Restaurant means every Building or part thereof and all outbuildings used in connection therewith, or any place or location kept, used, maintained as, advertised as, or held out to the public to be a place where food is prepared and/or served, either gratuitously or for pay.

Room means every compartment in any Building, including parlors, dining rooms, sleeping rooms, and enclosed Porches, kitchens, offices, stores, sample-rooms, and living rooms, but not including halls, bathrooms, closets, pantries, storage or equipment rooms or Cabanas.

Servants' Quarters. As accessory to multifamily occupancies, Servants' Quarters means accommodations for such number of servants and other employees as are required by the main occupancy, which accommodations may be detached and may or may not include separate cooking facilities. As accessory to single-family occupancies, Servants' Quarters means accommodations for such number of servants in personal service and/or for the maintenance of the premises as could reasonably be required, which accommodations may be detached but shall not have separate cooking facilities except in connection with Properties which have a ground area of 15,000 or more square feet.

Service Station means a Building where gasoline, oil and greases, batteries, tires, and automobile accessories are supplied and dispensed to the motor vehicle trade, and also where the following services are rendered, and none other:

(1)

Sale and servicing of sparkplugs and batteries.

(2)

Tire repair and servicing, but no recapping or vulcanizing.

(3)

Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, lightbulbs, floor mats, seat covers and windshield wiper blades and arms, and replacement of grease retainers and wheel bearings.

(4)

Radiator cleaning and flushing.

(5)

Washing and polishing.

(6)

Greasing and lubrication.

(7)

Exchanging fuel pumps and installing fuel lines.

(8)

Minor servicing and replacement of carburetors.

(9)

Emergency wiring repairs.

(10)

Adjusting brakes, operating brake testing machines, and installing exchange brake shoes.

(11)

Tuning engines, with the exception of grinding valves, cleaning carbon, or removing the heads of engines and/or crankcases.

Setback means the minimum horizontal distance between the street line and the front line of the Building, or between the Bulkhead, Seawall or other established line and the Building, or between the side Lot Lines and the Building or any projection, except as otherwise provided in this chapter.

Special Business Improvement Area means any development located in the B Business District that is greater than ten acres and governed by a Development Agreement approved by the Village Council.

Square Foot Content. In determining the minimum number of square feet of floor area described in this chapter for Buildings in certain sections of the Village, the following shall not be included in the Square Foot Content: open terraces; Porte-Cocheres; Carports; garages, either attached or detached; or Accessory Buildings. Notwithstanding the above, this definition is not intended to exempt such accessory uses from maximum lot coverage calculations.

Story means 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. If the finished floor level directly above a basement is more than six feet above Grade, such basement shall be considered a Story. For the purposes of Section 80 of the Village Charter, it is hereby specified that there shall be no limitation on the height of a building "story," so long as the overall height limits specified within this Code are not exceeded. It is the specific intent of the Village Council that the 11 foot story height limitation contained in Section 80 of the Charter shall not be applicable in any zoning district as it is the intention of the Council that the height of a story shall be specified as "unlimited" so as to allow freedom of design for lofts, mezzanines, vaulted ceilings, lobbies, assembly areas, mechanical rooms or spaces, multi-story units or clerestory areas.

Street means a thoroughfare which affords the principal means of access to abutting Property.

Street Grade means the average elevation of the centerline of the abutting Street as measured at the crown of the road.

Structural Alterations means any change, except for repairs or replacement, in the supporting members of a Building such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land.

Vacation Rental, Short-Term. A Short-Term Vacation Rental means any occupancy of a single-family, two-family, multi-family or townhouse dwelling unit for a period of time of not less than six consecutive calendar months, or such dwelling unit which is advertised or held out to the public as a place rented for a period of time of not less than six consecutive calendar months.

Xeriscape. A method of water conservation gained through the utilization of trees, shrubs, vines, plants, groundcover and turf grasses which are drought tolerant. The implementation of appropriate planning and design, use of soil amendments, efficient irrigation, practical turf grass, use of drought tolerant plants, mulches and appropriate maintenance results in reduced water consumption but still provides a very wide range of attractive landscaping alternatives.

Yard means the open space required adjacent to Lot Lines for the control of the Density of Building. Such Yards shall be unobstructed from the ground to the sky except as otherwise provided in this chapter.

(Ord. No. 169, §§ 3-1, 3-2, 6-29-74; Ord. No. 193, § 5, 7-26-77; Ord. No. 205, § 2(A)—(C), 11-14-78; Ord. No. 297, § 1, 10-28-86; Ord. No. 356, § 2, 11-13-90; Ord. No. 438, § 6, 4-20-99; Ord. No. 473, § 1, 6-18-02; Ord. No. 512, § 2, 10-17-06; Ord. No. 513, § 2, 11-14-06; Ord. No. 549, § 2, 5-31-2011; Ord. No. 564, § 2, 10-16-2012; Ord. No. 595, § 2, 5-16-17; Ord. No. 615, § 2, 12-18-18)

Cross reference

Definitions and rules of construction generally, § 1-2.