Ordinance No. 2019-07 Adding Regulations for Alteration or Enlargement of Lawfully Nonconforming Assisted Living Facility (ALF) Uses or Structures - May 7, 2019 ORDINANCE NO. 2019-07
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT
OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY
(ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to add regulation for alteration or
enlargement of lawfully nonconforming Assisted Living Facility uses or structures to
Article XII, "Nonconforming Uses and Structures," of Chapter 31 of the City Code; 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.
City of Aventura Ordinance No. 2019-07
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT':
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Article XII, "Nonconforming Uses and
Structures," Section 31-272 - "Expansion of nonconforming use or structure." and
Section 31-276 - "Alteration or enlargement of nonconforming structure." of Chapter 31
"Land Development Regulations" of the City Code are hereby amended to read as
follows:
"ARTICLE XII. - NONCONFORMING USES AND STRUCTURES
Sec. 31-271. - Purpose and scope.
The purpose of this chapter is to regulate and limit the development and continued
existence of uses, structures, and lawful lots established prior to the effective date of
these LDRs which do not conform to the requirements of these LDRs. Many non-
conformities may continue, but the provisions of this chapter are designed to curtail
substantial investment in nonconformities and to bring about their eventual
improvement or elimination in order to preserve the integrity of these regulations and
the character of the City. Any nonconforming use, structure, or lot which lawfully
existed as of the effective date of these LDRs and which remains nonconforming, and
any use, structure, or lot which has become nonconforming as a result of the adoption
of these LDRs or any subsequent amendment to these LDRs may be continued or
maintained only in accordance with the terms of this chapter.
Sec. 31-272. - Expansion of nonconforming use or structure.
A nonconforming use or structure shall not be expanded or extended beyond the floor
area or lot area that it occupied on the effective date of these LDRs or the effective
date of any amendment to these LDRs rendering such use nonconforming, except as
provided for development determined to have vested rights pursuant to subsection 31-
3(b)(2)-,or as provided in this Article.
***
I Underlined provisions constitute proposed additions to existing text of City Code; stricken through provisions
indicate proposed deletions from existing text of City Code.
Page 2 of 5
City of Aventura Ordinance No. 2019-07
Sec. 31-276. - Alteration or enlargement of nonconforming structure.
(a) Except as provided in this section, a nonconforming structure shall not be enlarged
in any manner or undergo any structural alteration unless to make it a conforming
structure. Such alteration or enlargement may be permitted provided that:
(1)The enlargement or alteration itself conforms to the requirements of these
regulations; and
(2) The total structure as enlarged or altered does not diminish the total required yard
area or exceed the maximum density or intensity limit for the applicable district; and
(3)The use of the structure is conforming; and
(4) The property owner or developer secures conditional use approval for the
enlargement or addition in accordance with the procedures in these LDRs.
(b) This section shall not bar an alteration or enlargement which is authorized by
subsection 31-3(2)b., concerning vested rights, under those circumstances in which
the right to alter or enlarge an existing lawfully nonconforming structure is vested.
(c) This section shall not bar an alteration or enlargement of a lawfully nonconforming
Assisted Living Facility (ALF) use or structure existing at the date of adoption of this
section (c), where such alteration or enlargement is limited to common areas and
amenities for the ALF only and does not increase the number of beds, number of
employees and/or building height.
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 may
be renumbered or re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Page 3 of 5
City of Aventura Ordinance No. 2019-07
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Mezrahi, and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Vice Mayor Landman, who moved its
adoption on second reading. This motion was seconded by Commissioner Mezrahi and
upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED on first reading this 2nd day of April, 2019.
PASSED AND ADOPTED on second reading this 7th day of May, 2019.
Page 4 of 5
City of Aventura Ordinance No. 2019-07
ENID WEISMAN, MAYOR
0\ \\ / I
I I
�� „
ATTEST:
ELLIS-A L. HORVA , MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
11)V
CITY ATTORNEY
Page 5 of 5