Definitions

As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended:

ADA or application for development approval shall mean the original application for development approval for the Southeast Overtown/Park West community redevelopment project area filed by the city on February 6, 1987, pursuant to F.S. § 380.06 (200411), as amended by the increment II ADA filed in 1992 and the increment III ADA filed in 2011.

Administrative fees shall mean a fee charged to all new development to pay for the city's administrative costs for enforcing the terms and conditions of the Southeast Overtown/Park West development orders, including but not limited to preparation of ordinances and procedures, review of permit applications, monitoring compliance with requirements, and enforcing violations; and which shall be a component of the Southeast Overtown/Park West development supplemental fee.

Affordable housing shall mean housing for families and individuals with incomes under 120 percent of the median income in Miami-Dade County.

Air quality fees shall mean a fee charged to all net new development to pay for the city's costs for air quality monitoring, modeling and mitigation measures as required in the increment I, increment II, and increment III development orders for Southeast Overtown/Park West, and which shall be a component of the Southeast Overtown/Park West development supplemental fee.

Applicant shall mean individual, corporation, business trust, estate, trust, partnership, association, two or more persons acting as coapplicants, any county or state agency, any other legal entity, or the authorized representative of any of the aforementioned, signing on application for a building permit.

Building permit shall mean any permit required for new construction and additions pursuant to section 105 of the Florida Building Code.

CADA or consolidated application for development approval shall mean the revised ADA prepared pursuant to the requirements of F.S. § 380.06 (2011).

Certificate of occupancy shall mean a permanent or temporary or partial certificate of occupancy issued, pursuant to the Florida Building Code.

City shall mean the City of Miami, Florida.

Class II special permit shall have the meaning given within city Ordinance Number 11000, as amended, the zoning ordinance for the city.

Commission shall mean the city commission of Miami, Florida.

Comprehensive plan shall mean the city's plan for future development adopted by city Ordinance Number 10544, and as may be amended and updated from time to time.

Convention use shall mean meeting rooms, banquet halls, exhibition halls, auditoriums, and their auxiliary spaces intended for use by conventions, seminars, exhibitions, and the like; which shall exceed the minimum standard for ancillary facilities within the definition of hotel use.

CRA shall mean the city Southeast Overtown/Park West Community Redevelopment Agency.

DO or Southeast Overtown/Park West development order shall mean the master or increment I, increment II, or increment III development orders for the Southeast Overtown/Park West community redevelopment area as a development of regional impact, issued by the city by Resolution Numbers 88-110, 88-111, Resolution Number 92-609, and Resolution 13- , as amended.

DRI shall mean development of regional impact. DRI/master plan recovery fee shall mean a fee charged to all new development to reimburse the city and the CRA for costs incurred in the DRI/master plan study and future related studies in accordance with the CADA and the Southeast Overtown/Park West development orders, and which shall be a component of the Southeast Overtown/Park West development supplemental fee.

DU or dwelling unit shall have the meaning given to "dwelling unit" in the zoning ordinance.

Hotel use shall mean lodging or hotel uses as any as defined in the zoning ordinance; and may include meeting and banquet facilities and convenience goods and services for hotel guests, provided that the total of such ancillary facilities shall not exceed 15 percent of proposed hotel.

MUSP or major use special permit shall mean a special permit issued by the city commission pursuant to Ordinance Number 11000, the zoning ordinance of the city, as amended.

Net new development shall mean any construction or reconstruction which will result in a net increase, within any parcel of land, of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross square footage for office, retail/service, convention, wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of calculating the net increase, if the planning director determines that there was a valid certificate of occupancy existing on the effective date of this development order for the land uses to be demolished. If a change of land use is proposed, the planning director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by peak hour vehicle trip generation. Any activity which has, on the effective date of this development order a valid building permit or any currently effective development order shall not be included as net new development. The planning director may exclude from net new development any small development under 10,000 square feet in floor area, if he or she finds that such development would have no regional impact as measured by peak hour vehicle trips.

Office use shall mean space for the conduct of the administrative functions of government or business and professional activities not including sales of merchandise of the premises, and not including personal services as defined herein under "retail/service use."

Parcel of land shall mean, pursuant to F.S. ch. 380, any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

p.m. peak hour external motor vehicle trips means the average number of trips per hour during the afternoon peak period from 4:00 to 6:00 p.m. generated by motor vehicles, excluding public transit vehicles, that have either an origin or a destination within the project area.

Project area shall mean the area included within the legal description in Exhibit 1, including all property within the boundaries of the Southeast Overtown/Park West community redevelopment area, as designated in 1982 by city commission Resolution No. 82-755.

Residential use shall mean any "dwelling units" as defined in the zoning ordinance.

Retail/service use shall mean space for the sale of merchandise, eating and drinking establishments, and personal services such as but not limited to hair salons, travel agencies, laundries, dry cleaners, bank tellers, photographers, shoe repair, tailoring, etc.

Room shall have the meaning given to "lodging unit" in the zoning ordinance.

SF, gross square feet, or gross square footage shall have the meaning given to "floor area" in the zoning ordinance.

Site shall mean a legally described parcel of property capable of development pursuant to applicable city ordinances and regulations.

Southeast Overtown/Park West development supplemental fee shall mean a fee charged to new development in the project area comprising components including a transportation mitigation fee, an air quality fee, an administration fee, and a DRI/master plan recovery fee which are assessable to new development according to the provisions of this article.

Southeast Overtown/Park West development supplemental fee coefficient shall mean the charge per unit of land use as calculated for each component of the Southeast Overtown/Park West development supplemental fee.

Total allowable development shall mean the quantity of net new development for which certificates of occupancy may be issued under the terms and conditions of the development order, as may be modified pursuant to F.S. § 380.06(19) (2011).

Transportation mitigation fee shall mean a fee charged to all net new development to pay for improvements to mitigate for impacts on the regional transportation system in accordance with requirements of the CADA and the increment I, increment II, and increment III development orders for Southeast Overtown/Park West Miami; and which shall be a component of the Southeast Overtown/Park West development supplemental fee.

Zoning ordinance shall mean Ordinance 13114 known as the Miami 21 Zoning Code, or a successor ordinance, the zoning ordinance of the city.

(Ord. No. 13406, § 2, 9-26-13)