Ordinance No. 2017-07 Amending Land Development Regulations - June 14, 2017 ORDINANCE NO. 2017-07
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING
SECTION 31-21, DEFINITIONS, TO REVISE THE DEFINITION OF
OPEN SPACE; BY AMENDING SECTIONS 31-144, BUSINESS ZONING
DISTRICTS AND 31-145, TOWN CENTER ZONING DISTRICTS, TO
ADD ADOPTED AMENDMENT TO CHAPTER 14, GREEN BUILDING
PROGRAM FOR CONSISTENCY AND CROSS-REFERENCE; BY
AMENDING SECTION 31-143(d), MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICTS (RMF3), AND SECTION 31-143(e),
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICTS (RMF3A),
AND SECTION 31-143(f), MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICTS (RMF4) AND SECTION 31-143(g), MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL DISTRICT (RMF3B) AND SECTION 31-144,
BUSINESS ZONING DISTRICTS, AND SECTION 31-145, TOWN
CENTER ZONING DISTRICTS, TO AMEND THE MAXIMUM SIZE OF
ABOVE GROUND EMERGENCY FUEL STORAGE TANKS; BY
AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, TO
ADD A NEW TEMPORARY SIGN AND TO DELETE MURALS; BY
AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS, TO
UPDATE THE SECTION FOR CONSISTENCY WITH MIAMI-DADE
COUNTY CODE; BY AMENDING SECTION 31-232, SUBDIVISION
DESIGN STANDARDS TO CLARIFY APPLICABILITY OF THE
SECTION AND TO ADD BICYCLE STORAGE FACILITIES AS A
REQUIRED DESIGN STANDARD; BY AMENDING SECTION 31-233,
ARCHITECTURAL DESIGN STANDARDS, BY ADDING REGULATION
FOR MURALS; BY AMENDING SECTION 31-238, ACCESSORY USES,
TO AMEND REGULATIONS FOR AWNINGS AND CANOPIES AND
ADD REGULATIONS FOR PORTE-COCHERES AND SUN SHADE
DEVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura ("City Commission") is
desirous of amending the Code of Ordinances ("City Code"), to clarify and to update
certain sections of the City Code for internal consistency, for clarity and to provide for
updated cross-references, and for consistency with updates to the Miami-Dade Country
Code of Ordinances; and
WHEREAS, the City Commission desires to provide for inclusion of a portion of
landscaped rooftop amenities and above ground patios in the definition of "Open
Space" in Section 31-21, Definitions; and
WHEREAS, the City Commission desires to provide for increased minimum size
of above ground emergency fuel storage tanks in the multifamily and town center
zoning districts; and
City of Aventura Ordinance No. 2017-07
WHEREAS, the City Commission desires to add a new temporary sign and
remove the regulation for murals from Section 31-191, Sign Regulations; and
WHEREAS, the City Commission desires to provide for consistency of Section
31-221, Landscape requirements, with the provisions of the Miami-Dade County Code
of Ordinances; and
WHEREAS, the City Commission desires to clarify the applicability of Section 31-
232, Subdivision Design Standards and to include bicycle storage facilities as a
required design standard; and
WHEREAS, the City Commission desires to provide for regulation of murals in
Section 31-233, Architectural Design Standards; and
WHEREAS, the City Commission desires to amend Section 31-238, Accessory
Uses, to amend regulations for awnings and canopies and to provide regulation for
porte-cocheres and sun shade devices; 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 City Commission, in its capacity as the Local Planning Agency,
has reviewed the proposed amendments to the City Code pursuant to the required
public hearing and has recommended approval of this Ordinance; and
WHEREAS, the City Commission has reviewed the proposed amendments, and
finds that it is in the best interests of the public to amend the City Code as set forth in
this Ordinance; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT1:
Section 1. Recitals Adopted. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. Section 31-121 , Definitions, of Chapter 31,
"Land Development Regulations" is hereby amended to read as follows:
' Underlined provisions constitute proposed additions to existing text;stricken through provisions indicate proposed
deletions from existing text.
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City of Aventura Ordinance No. 2017-07
"Open space shall mean any area of land and/or water, which is open and unobstructed from
the ground to the sky including wetland mitigation areas and areas maintained in a natural and
undisturbed character. Open space shall include private parks, buffer yards and common
landscaped areas. Open space shall also include 50% of the area of landscaped rooftop
amenities and landscaped above-ground patios, provided such areas are well landscaped with
trees and other plantings and are maintained for the common benefit of and accessible to all
occupants of the building. Open space shall also include bicycle and pedestrian paths external
to a development parcel. Open space shall not include submerged areas below the control
water elevation (exclusive of wetland areas), areas covered with buildings, parking areas,
driveways and other paved areas and shall not include planter boxes on exterior walls or other
above ground planting areas that are not available for use by building occupants."
Section 3. City Code Amended. Section 31-144, Business Zoning Districts
and Section 31-145, Town Center Zoning Districts, of Chapter 31 , "Land Development
Regulations" are hereby amended to read as follows:
Section 31-144(b), Neighborhood Business (B1) District.
(2) Conditional Use. The following uses may be established if first approved as a conditional
use:
(i) "For projects located on the same site as an existing office building or buildings. which office
building or buildings was/were constructed before October 6, 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification, the bonuses in q. and h. above shall be calculated based on the
applicant's total site area. provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings."
Section 31-144(c)(2), Community Business (B2) District.
(2) Conditional use. The following uses if first approved as a conditional use:
(o) "For projects located on the same site as an existing office building or buildings, which office
building or buildings was/were constructed before October 6. 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification. the bonuses in I. and m. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings."
Section 31-144(d), Heavy Business (B3) District
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City of Aventura Ordinance No. 2017-07
(2) Conditional use. The following uses may be established if first approved as a conditional
use:
(i) "For projects located on the same site as an existing office building or buildings, which office
building or buildings was/were constructed before October 6, 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification. the bonuses in q. and h. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings."
Section 31-144(e), Office Park (OP) District
(2) Conditional use. The following uses if first approved as a conditional use:
(k) "For projects located on the same site as an existing office building or buildings, which office
building or buildings was/were constructed before October 6. 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification. the bonuses in i. and j. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings.
Section 31-144(f), Medical Office (MO) District
(2) Conditional use. The following uses if first approved as a conditional use:
(m) "For projects located on the same site as an existing office building or buildings. which office
building or buildings was/were constructed before October 6, 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification. the bonuses in k. and I. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings.
Section 31-145(b), Town Center District (TC1)
(3) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(p) "For projects located on the same site as an existing office building or buildings. which office
building or buildings was/were constructed before October 6, 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification, the bonuses in n. and o. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings.
i
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City of Aventura Ordinance No. 2017-07
Section 31-145(c), Town Center Marine District (TC2)
(4) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(r) "For projects located on the same site as an existing office building or buildings, which office
building or buildings was/were constructed before October 6. 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification. the bonuses in p. and q. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings.
Section 31-145(d), Town Center Neighborhood (TC3) District
(4) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(n) "For projects located on the same site as an existing office building or buildings, which office
building or buildings was/were constructed before October 6, 2009 as evidenced by a
temporary certificate of occupancy or certificate of occupancy and does/do not meet LEED®
Gold or Platinum certification, the bonuses in I. and m. above shall be calculated based on the
applicant's total site area, provided that the new construction that attains LEED® Gold or
Platinum certification is the same size or larger than the total square footage of the existing
office building or buildings.
Section 4. City Code Amended. Section 31-143, "Residential Zoning
Districts", Section 31-144, "Business Zoning Districts" and Section 31-145, "Town
Center Zoning Districts", are hereby amended to read as follows:
Section 31-143 — Residential Zoning Districts.
(d) Multifamily Medium Density Residential District (RMF3). The following regulations
shall apply to all RMF3 districts:
(4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
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City of Aventura Ordinance No. 2017-07
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST. any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(e) Multifamily Medium Density Residential District (RMF3A). The following
regulations shall apply to all RMF3A districts:
(4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(f) Multifamily High Density Residential District (RMF4). The following regulations
shall apply to all RMF4 districts:
(4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
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City of Aventura Ordinance No. 2017-07
(g) Multifamily Medium Density Residential Districts (RMF3B). The following
regulations shall apply to all RMF3B districts:
5. Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines. the primary structure served by the AST. any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
Section 31-144. — Business Zoning Districts.
(b) Neighborhood Business (BI) District. This district is intended to provide primarily for
retail sales and services to a surrounding neighborhood. Retail stores permitted therein
are intended to include primarily convenience goods which are usually a daily necessity
for a residential neighborhood. The district is appropriate for location on a collector or
an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a conditional
use:
d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use
and only for the purpose of storing fuel for emergency generators. ASTs must conform to the
following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape
Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
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City of Aventura Ordinance No. 2017-07
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(c) Community Business (82) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(6) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 558 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(d) Heavy Business (83) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards and have direct access to arterial roadways,
particularly major arterials.
(7) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 658 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
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City of Aventura Ordinance No. 2017-07
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(e) Office Park (OP) District. This district is intended to provide for high quality, semi
professional and professional offices in a campus setting reflecting creative design and
environmentally compatible use of space and perimeter buffer areas. This zoning
district may be applied to land designated Business and Office and Industrial and Office
on the City's Future Land Use Map, however, the uses within this district shall be
consistent with, but may be more restrictive than, the corresponding Business and
Office and Industrial and Office category permitted use.
(5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with, but
may be more restrictive than, the corresponding Business and Office category
permitted uses.
(6) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an
accessory use only for the purpose of storing fuel for emergency generators. ASTs must
conform to the following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
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City of Aventura Ordinance No. 2017-07
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
Section 31-145. — Town Center Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1
districts:
(3) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
(f) Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use
and only for the purpose of storing fuel for emergency generators. ASTs must conform to the
following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
districts.
(11) Performance Standards.
(e) e __ _ • _ . -- - -- . - -- _ _ - e--- - _ if fully screened by a
masonry or concrete wall, finished in a manner consistent with the structure and landscaped
_ -- _ - _ - _ _• _ •- • _ . Except as provided below,
aAll other fuel tanks, regardless of type, will be located underground. There will be no bulk
storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used
in the regular course of business and for back-up generator day tanks. Aboveground fuel
storage tanks (AST) may be above ground for emergency generators only as an accessory
use, subject to compliance with the following requirements:
(e)(1) Aboveground storage tanks (AST) are permitted only as an accessory use and only for
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City of Aventura Ordinance No. 2017-07
the purpose of storing fuel for emergency generators. ASTs must conform to the following
requirements:_
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
(d) Town Center Neighborhood (TC3) District. The following regulations shall apply to
all TC3 Districts:
(4) Conditional uses permitted. The following uses may be established if first approved as a
conditional use:
d. Aboveground storage tanks. Above ground storage tanks (AST) only as an accessory use
and only for the purpose of storing fuel for emergency generators must conform to the
following requirements:
a. Be of 550 2000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal
door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the TC1
zoning district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to
property lines, the primary structure served by the AST, any other structures within 300 feet
as well as a landscape plan prepared by a Florida licensed architect or landscape architect
and other supporting documentation as deemed necessary by the City Manager or designee.
Section 5. City Code Amended. Section 31-191, Sign Regulations
Generally, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is
hereby amended to read as follows:
Section 31-191, Sign Regulations Generally
(e) Definitions
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City of Aventura Ordinance No. 2017-07
an-exterior-wall.
(f) Prohibited Signs
{19) Murals
(k) Temporary Signs
(11) Temporary Window Sign During Construction of Tenant Space
Residential District Non-Residential District
Approvals necessary Not permitted Sign Permit Required
Number (maximum) One ger establishment
Sign area (maximum) Ten percent of window area up to
a maximum of ten square feet
Time Limit Permitted for a 12 month period
from date of building permit
issuance until the date of
issuance of a Certificate of
Completion or Occupancy, or
until a permitted temporary
banner is erected, or until a
permitted permanent wall sign is
erected, whichever first occurs
Section 6. City Code Amended. Section 31-221 "Landscaping Requirements"
of Chapter 31 "Land Development Regulations" is hereby amended as follows:
Section 31-221. Landscaping requirements.
(d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
_- -_ : e -- -•e-r four inches in diameter, the t . - - ••-- - - - - -
inches above natural grade.
(h) Minimum landscape requirements for all zoning districts.
(1) Tree specifications.
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City of Aventura Ordinance No. 2017-07
a. Required trees shall be of a species which normally grow to a minimum height of 25 feet
and have a mature crown spread of not less than 20 feet with trunks which can be
maintained with over six feet of clear wood. Emphasis is given to the use of native species.
b. All required trees shall •_ - - •••••••- • -- 'e- - e'-••- - - - e.:.- -
canopy shall be seven feet, centered on the trunk. be fourteen (14) feet high and
conforming to. or exceeding, the minimum standards for Florida No. 1 grade or equivalent
in the most current edition of Florida Grades and Standards for Nursery Plants. Thirty (30)
percent of the tree requirement may be met by native species with a minimum height of ten
(10) feet and conforming to. or exceeding, the minimum standards for Florida No. 1 grade
or equivalent in the most current edition of Florida Grades and Standards for Nursery
Plants.
c. Required palms shall be field grown and have a minimum of 16 feet in overall height with a
minimum of six feet of clear wood.
d. Street trees shall be provided along all roadways at a maximum average spacing of thirty
(30) feet on center. except as otherwise provided in this chapter. Street trees shall be
placed within the swale area or shall be placed on private property where demonstrated to
be necessary due to right-of-way obstructions as determined by the City Manager or
designee. Adjacent-to—any—street right.af-way, a A single trunk palm species with a
minimum ten inches DBH. a eight feet of clear wood and minimum canopy
of fifteen (15) feet at maturity shall count as a required street tree on the basis of one (1)
palm per street tree. is—required. Queen palms (Syagrus romanzoffiana) shall not be
allowed as street trees. Street trees are required in addition to the minimum number of
required trees. The City reserves the right to designate a common species for a roadway
or portion of certain roadway segments in order to achieve a uniformity of appearance.
I. Trees near power lines. Where the height and location of overhead powerlines requires the
planting of low growing trees. street trees shall have a minimum height of ten (10) feet and
shall conform to. or exceed, the minimum standards for Florida No. 1 grade or equivalent in
the most current edition of Florida Grades and Standards for Nursery Plants at time of
planting, and shall meet all of the following requirements:
1. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or
trees/shrubs, as referenced in Landscape Manual, cleared of foliage to a height of four (4)
feet.
2. A maximum average spacing of twenty-five (25) feet on center.
3. Maturing to a height and spread not encroaching within five (5) feet of overhead power
distribution lines.
4. Under high voltage (50kV and above) transmission lines installed independent of
underbuilt distribution lines, mature tree height and spread shall not exceed the minimum
approach distances specified in the current ANSI (American National Standards Institute)
Z133.1 Standards, as referenced in the Landscape Manual.
m. Minimum tree species diversity standards. When more than ten (10) trees are required to
be planted pursuant to the provisions of this chapter, a diversity of tree species shall be
required. The minimum number of different tree species to be planted shall be based on
the overall number of trees required and shall be proportional in relation to the total number
of species planted, pursuant to the following table:
Required Number Minimum Number Percentage of
of Trees of Tree Each Tree
Species Species
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City of Aventura Ordinance No. 2017-07
11-20 2 50 percent
21-50 4 25 percent
51 or more 6 16 percent
Nothing in this subsection shall preclude the planting of additional tree species beyond the
minimum numbers indicated in the table above. provided that the proportionality of each
species planted is maintained. This subsection shall not preclude the planting of a single
species in or along a thematic landscaping corridor, as determined by the City Manager or
designee.
(2) Other plant material specifications.
d. Plant Quality: Plants installed pursuant to this Code shall conform to, or exceed. the
minimum standards for Florida No. 1 grade or equivalent in the most current edition of
Florida Grades and Standards for Nursery Plants prepared by the State of Florida
Department of Agriculture and Consumer Services. - - - .e..e . - -
inspections, grading standards-and-plant-regulations as set forth by the Florida Department
Plants shall conform to Florida No. 1 or better regarding:
1. Shape and form.
2. Health and vitality.
3. Condition of foliage.
4. Root system.
5. F-ceefrom-pest and mechanical damaged.
6. Heavily branched and with dense foliage.
7. Trees installed pursuant to this Section shall have one primary vertical trunk and
secondary branches free of included bark up to a height of six feet above natural
grade.
(i) Maintenance.
(1) General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in
perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous,
neat, and orderly appearance. and clear of weeds, refuse and debris, and sufficiently fertilized
and watered to maintain the plant material in a healthy condition. Landscaping material shall be
trimmed and maintained so as to meet all city, county or state site distance requirements.
(2) Failure to conform or maintain.
a. If at any time after the issuance of a certificate of occupancy, any landscaping material is
found to be in non-conformance, including, but not limited to, dead or dying plant material, notice
shall be issued to the owner or his agent that corrective action is required to be in compliance
with this article. Such notice shall describe what action is necessary to comply. The owner or his
agent shall have a time period, as set forth by the Code Compliance Division of the Community
Development Department, to fulfill the landscaping requirements. Failure of compliance within
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City of Aventura Ordinance No. 2017-07
the allotted time shall be considered a violation of this section and shall subject the property
owner to fines as determined appropriate. by the Special Master of the City of Aventura.
b. If any tree or plant dies which is being used to satisfy current landscape code requirements,
such tree or plant shall be replaced with the same landscape material or an approved substitute.
Section 7. City Code Amended. Section 31-232, Design Standards, of
Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby
amended to read as follows:
Section 31-232 — Subdivision and Site Development design standards.
In considering plans for subdivision and site development of land, the appropriate review bodies
shall be guided by the standards set forth hereinafter. All references in this section to the word
"subdivision"shall include site development of land."
(8) All new subdivisions, site development and site redevelopment shall provide bicycle storage
facilities in suitable design. location and number, based on square footage or number of
residential units, as determined by the City Manager or designee.
Section 8. City Code Amended. Section 31-233, "Architectural Design
Standards", of Chapter 31 "Land Development Regulations" of the Code of Ordinances
is hereby amended to read as follows:
Section 31-233, Architectural Design Standards
(c) Minimum design standards.
(5) Murals. Murals, defined as any mosaic, painting or graphic art technique applied, implanted
or placed directly onto an exterior wall. may be permitted when located in an interior courtyard
area and on exterior walls of buildings that do not face a public right of way, when they do not
contain any advertising copy and when they do not use any color, form, graphic, illumination,
symbol, or writing to advertise, announce the purpose of. or identify the purpose of any person
or entity, or to communicate information to the public, and cannot in any other way be defined
as a sign. as determined by the City Manager or his designee.
Section 9. City Code Amended. Section 31-238, Accessory Uses, of Chapter
31 "Land Development Regulations" of the Code of Ordinances is hereby amended to
read as follows:
Section 31-238, Accessory Uses
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City of Aventura Ordinance No. 2017-07
"(b) AwningsLand canopies, porte-cocheres and sun shade devices. The definition of an
awning or canopy shall be as provided for in the Florida Building Code. Any advertising
shall conform to the sign regulations contained in this Code.
(1) Awnings. An awning may be located at any window provided it is architecturally
integrated into the buildings, design and color. The maximum height and width of an
awning shall be limited to the minimum area required to cover a building's window.
Awnings shall not be illuminated.
An awning may project into a front, side or rear yard setback, provided that any such
projection does not exceed five (5) feet or one-half (1/2) of the width of the required
setback, whichever is less. The minimum height of an awning shall be eight feet
above ground. Notwithstanding the foregoing provisions, an awning may not project
over a public sidewalk. public right of way or any vehicular use area.
(2) Canopies. A canopy may be located over any private walkway adjacent to a
building or over a building's entrance. The maximumminimum height of the overall
canopy structure shall be eight feet and the maximum height shall be fifteen feet. The
maximum width of a canopy shall be limited to the width of the sidewalk or entry way
that it is covering. Illumination of a canopy shall be limited to the minimum illumination
required for safe pedestrian passage under the canopy.
A canopy may project into a front. side or rear yard setback in area and size sufficient
to provide pedestrian shelter over a private walkway or building entrance, as
determined by the City Manager or his designee. Notwithstanding the foregoing
provisions. a canopy may not encroach into a public sidewalk. public right of way or
into any vehicular use area.
(3) Porte-Cocheres. A permanent, roofed structure extending from the entrance of a
building over an adjacent private driveway to shelter those getting in and out of
vehicles may extend to within ten feet of any property line, provided that the structure
is constructed of walls and roof in design compatible with the principal structure, is
open on three sides and has a maximum length no longer than the driveway it is
sheltering. Notwithstanding the foregoing provisions. a porte-cochere may not
encroach into a public sidewalk or public right of way and or any vehicular use area.
(4) Sun Shade Devices. Other above ground sun shade devices attached to a
building wall, including but not limited to, horizontal or vertical fins, shutter panels.
brise-soleil or solar screens designed to shade windows from the sun, may project into
a front, side or rear yard setback, provided that any such projection does not exceed
five (5) feet or one-half (1/2) of the width of the required setback, whichever is less.
The minimum height of sun shade devices shall be eight feet above ground.
Section 10. 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 11. 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
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City of Aventura Ordinance No. 2017-07
a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 12. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on first reading. This motion was seconded by Commissioner Shelley, and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on second reading. This motion was seconded by Commissioner Shelley, and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2017-07
PASSED AND ADOPTED on first reading this 2nd day of May, 2017.
PASSED AND ADOPTED on second reading this 14th day of June, 2017.
ENID WEISMAN, MAYOR
. V
6.r;' 04 5)•tcL'
ATTEST:
ELLISA L. HORVAWC, CITY CLERK
APPROVED AS TO LEGAL SUFFICITY:
CITY AT''ORNEY
I
This Ordinance was filed in the Office of the City Clerk this Iq day of,-Or 2017.
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