§ 46-32. Definitions.

[The following words, terms and phrases, as used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:]

Accessory use means a use incidental to, and on the same lot as a principal one.

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

Amusement arcade means a building or a part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

Automobile wrecking yard (See also "junkyard") means a site at which the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts takes place.

Business, profession or occupation defined as (insert definition). The aforementioned does not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in this state; which institutions are more particularly defined and limited as follows:

Religious institutions shall mean churches and ecclesiastical or denominational organizations, church cemeteries or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and who have registered with the state and have been approved as not-for-profit organizations by the Internal Revenue Service of the United States.

Educational institutions shall mean state tax-supported or parochial, church, and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries, and museums open to the public are defined as educational institutions and eligible for exemption, if in compliance with state and federal laws and regulations for not-for-profit organizations.

Charitable institutions shall mean only nonprofit corporations operating physical facilities, registered with the state, and approved by the Internal Revenue Service, at which charitable services are provided, and a reasonable percentage of which shall be without cost to those unable to pay.

Business district. See: Land Development Regulations.

Chief zoning and code compliance official means a designated authority, charged with the administration and enforcement of the local business tax receipt department and this Code. He or she shall not be removed from office except for cause after full opportunity has been given to be heard on specific charges before each applicable governing authority.

Code compliance officer means an authorized employee of the city whose duty it is to assure code compliance; See Ordinance No. 97-21.

Concurrency is a condition where specified facilities and services have or will have the necessary capacity to the adopted level of service standards at the time of impact of the development project.

Commercial district. See: Land development regulations.

District means a portion of the territory of the city, exclusive of streets and other public ways, within which certain uses of land, premises, and buildings are not permitted.

Drive-in facility means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

Garage, repair means a building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work (see also service station).

Home occupation. See: Land development regulations.

Junkyard means a parcel of land or structure on which waste material or inoperative vehicles and other machinery are collected, stored, salvaged, or sold.

Kennel means an establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, training, or selling animals is conducted as a business.

Land use district. See: land development regulations.

License or valid license is a license that was properly issued for a period of time that has not yet expired, that has not been revoked, was not obtained by providing wrong/false information in the application and that in being used exclusively for the classification for which it was issued.

New business is that for which a license is issued for the first time, whose owner or owners did not operate a business of the classification in the city prior to the issuing of such license. Change of ownership of a place of business, even if the new owner(s) did not have a previous license in Hialeah Gardens, shall not be considered a new business for the purpose of exemption of part or a total of the license fee.

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

Nonconforming building means any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located.

Nonconforming use means a lawful use of land that does not comply with the use regulations for its land use district but which complied with applicable regulations at the time the use was established.

Owner means any person, agent, firm or corporation having a legal or equitable interest in the property, and responsibility for any violation in the property.

Parking space for business or commercial district, see the Land Development Regulations.

Person means any individual, firm, partnership, joint venture, syndicate, or any other group or combination acting as a unit, association, corporation, estate, trusts, business trust, trustee, executor, administrator, receiver or other fiduciary and shall include the plural as well as the singular.

Right-of-way means a strip of land occupied or intended to be occupied by. See: Land Development Regulations.

Sign. See: Land Development Regulations.

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

Special exception uses . See: Land Development Regulations.

Variance means a relaxation of the technical regulations of the code where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this code would result in unnecessary and undue hardship.

Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the district or uses in an adjoining district.

(Ord. No. 98-35, § 1(113.01), 1-5-99; Ord. No. 2008-06, § 3, 9-16-08)