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2005-01 ORDINANCE NO. 2005-01 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE DEFINITIONS FOR "PREVIOUSLY OWNED JEWELRY" AND "PREVIOUSLY OWNED PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE PURCHASE AND SALE OF PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS AND TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to permit the sale of previously owned jewelry and previously owned precious metals in the 82 zoning district; and WHEREAS, the City Commission desires to permit the sale of previously owned jewelry and previously owned precious metals in the 82 zoning district but not to permit pawnshops; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. Ordinance No. 2005-01 Page 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-21, "Definitions" of the City's land Development Regulations is hereby amended as follows1: Previouslv owned jewelry shall mean anv item of personal propertv or object of value previously owned or used, which is not sold as new. and which is a watch or which contains one or more diamonds. emeralds. rubies, sapphires or other precious qemstone. Previouslv owned precious metals means any item of personal property or object of value, previously owned or used, which is not sold as new, and which contains qold. silver. platinum or other precious metal. Section 2. Section 31-144(c), "Community Business (B2) District" of the land Development Regulations is hereby amended as follows 1: (c) Community Business (B2) District. (1 ) ee-. ee. :IT, Uses permitted. No building or structure, or part, thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: .'\GGessory uses and structures. Stores for the sale or purchase of previously owned jewelry and/or previously owned precious metals, directly to the ultimate consumer only, except that sales and purchases may be made between vendors occupyinq the same unit or establishment. Such stores shall provide a security plan for review and approval by the City Manaqer or his desiqnee. Accessorv uses and structures. 1 Underlined provisions constitute additions to existing text; strisl<eR threlJ§h provisions indicate deletions from existing text. Ordinance No. 2005-01 Page 3 (3) Uses Prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following: c. Sale of goods to other than the ultimate consumer, except the sale of previouslv owned iewelrv and previouslv owned precious metals between vendors occupyinq the same unit or establishment. e. Sales, display or storage of used merchandise, other than antiques and previously owned jewelry and previously owned precious metals in accordance with paraqraph (c)(1 )(ee). t. Purchase of used goods, other than previously owned iewelrv and previously owned precious metals in accordance with paraqraph (c)(1 )(ee). Q.." Pawnshops. §,ß Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 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 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance Ordinance No. 2005-01 Page 4 may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Ken Cohen, who moved its adoption on first reading. This motion was seconded by Commissioner Bob Diamond, and upon being put to a vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffery M. Perlow yes yes yes yes yes yes yes The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its adoption on second reading. This motion was seconded by Commissioner Auerbach, and upon being put to a vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffery M. Perlow yes yes yes yes yes yes yes PASSED on first reading this 9th day of November, 2004. Ordinance No. 2005-01 Page 5 PASSED AND ADOPTED on second reading this 4th day of January, 2005. ~y £. MAYbR APPROVED AS T )----/ CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this~ day of January, 2005.