Loading...
Ordinance No. 2020-03 Amending Various Code Sections Including Land Development Regulations - May 5, 2020ORDINANCE NO. 2020-03 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY'S CODE OF ORDINANCES, BY AMENDING SECTION 4-2, LOCATION OF ESTABLISHMENTS, TO CLARIFY APPLICABILITY AND TO REVISE EXCEPTIONS; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-171, OFF STREET PARKING, LOADING AND DRIVEWAY STANDARDS, TO ADD REGULATIONS FOR ELECTRIC VEHICLE CHARGING STATIONS AND SPACES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTIONS 31-143, RESIDENTIAL ZONING DISTRICTS, SECTION 31-144, BUSINESS ZONING DISTRICTS AND SECTION 31-145, TOWN CENTER ZONING DISTRICTS TO CLARIFY APPLICABILITY OF CONDITIONAL USES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-21, DEFINITIONS, TO CLARIFY DEFINITION OF ACCESSORY USE; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-191, SIGN REGULATIONS GENERALLY, BY AMENDING SECTION 31-191(F) TO REVISE AND ADD PROHIBITED SIGNS, BY AMENDING SECTION 31-191(J) TO ADD WALL SIGNS FOR ASSISTED LIVING FACILITIES; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-221, LANDSCAPING REQUIREMENTS TO ADD A DEFINITION AND REGULATION FOR USE OF ARTIFICIAL TURF; AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 31-147, COMMUNITY FACILITIES DISTRICT, SECTION 31-148, RECREATION/OPEN SPACE DISTRICT AND SECTION 31-149, UTILITIES DISTRICT, TO REVISE PERMITTED SIZE OF ABOVE GROUND FUEL STORAGE TANKS FOR EMERGENCY GENERATORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND 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 consistency with recent changes in legislation, for clarification of Code provisions, for facilitation of development review and to provide regulation for new technology; and WHEREAS, the City Commission desires to reduce minimum floor space and number of seats for the cocktail bar/lounge exemption to the distance and spacing requirements in Chapter 4, Alcoholic Beverages, of the City's Code of Ordinances, to match state regulation; and WHEREAS, the City Commission desires to add standards for installation and use of electric vehicle charging stations and spaces in Section 31-171, Off Street Parking, Load and Driveway Standards, of Chapter 31, Land Development Regulations; and City of Aventura Ordinance No. 2020-03 WHEREAS, the City Commission desires to clarify applicability of conditional uses in Section 31-143, Residential Zoning Districts, Section 31-144, Business Zoning Districts and Section 31-145, Town Center Zoning Districts of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to clarify the definition of accessory use in Section 31-21, Definitions, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to amend the prohibition on animated signs, add a new prohibited sign and add standards for wall signs for assisted living facilities in Section 31-191, Sign regulations generally, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to provide for definition of and standards for use of artificial turf in Section 31-221, Landscaping requirements, of Chapter 31, Land Development Regulations; and WHEREAS, the City Commission desires to provide for increased minimum size of above ground fuel storage tanks for emergency generators in Section 31-147, Community Facilities District, Section 31-148, Recreation/Open Space District and Section 31-149, Utilities District; 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, THAT': Section 1. Recitals Adopted. That each of the above -stated recitals are hereby adopted and confirmed. ' Underlined provisions constitute proposed additions to existing text; stfieke thfettgh provisions indicate proposed deletions from existing text. Page 2 of 19 City of Aventura Ordinance No. 2020-03 Section 2. City Code Amended. Section 4-2, Location of Establishments, of Chapter 4, "Alcoholic Beverages" of the City Code of Ordinances, is hereby amended to read as follows: Section 4-2(e), Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (a) and (b) above shall not apply- (2) Restaurants in BI, 132, TGI, TGO and TG3 Business and Town Center Zoning Districts. To dining rooms or restaurants located in the BI, 132, TGI, TGO --A TI-3 Business and Town Center Zoning Districts and whi-h r4r% ri^+ AAI;+k ci ikr%nrnr4r-nrk /�N kpleNAA1, but which comply with the requirements of such districts and serve cooked, full course meals, daily -+k prepared on the premises, e-% r ciirk ^+knr r4;nr, ;rrr%r%rvic rr ron staurants ;n r%nr r"r%r ee liberal .. ..zj ... 1 ig the requirements ef the Ell, , TG'20 -nd TQ a rl A AAI[I;rk serve GGeked, fUil GGurse meals, daily prepared en the prernises,- providing that — VVI only a service bar is used and alcoholic beverages are sold only to persons seated at tables. This exemption does not include cafes and/or kiosks that serve light meals, snacks and/or hot and cold beverages. (3) Cocktail lounge -bars in restaurants. To cocktail lounge -bars as an accessory use in restaurants located in the Business and Town Center zoning districts which restaurants contain all necessary equipment and supplies for and serve full course meals regularly, have indoor accommodations for service of 200 150 or more patrons at tables, including indoor bars or counters at which full course meals are available, and occupies more than 4,-O89 2,500 square feet of indoor floor space, and provided that alcoholic beverages are served for on - premise consumption only and that the cocktail lounge -bar use will be automatically terminated upon termination of the restaurant use and the hours for the cocktail lounge -bar shall be not extend beyond the permitted hours of operation for the restaurant. Meals shall be available at the cocktail lounge -bar area, but this does not preclude service of an alcoholic beverage only without food as long as the establishment complies with the food/beverage revenue percentages required by the State license. Section 3. City Code Amended. Section 31-171, Off Street Parking, Loading and Driveway Standards, of Chapter 31, "Land Development Regulations" is hereby amended to read as follows: Section 31-171 - Off -Street parking and loading standards (a) General. Every building, use or structure, instituted or erected after the effective date of this chapter shall be provided with off-street parking facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off- street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. Page 3 of 19 City of Aventura Ordinance No. 2020-03 (6) Size and character of required parking. The following design requirements shall be observed for off-street parking- k. Electric Vehicle Charging Stations and Spaces. To plan for and accommodate the anticipated growth in market demand for electric vehicles, new and existing developments are encouraged, but not required, to install such conduits and electrical and other infrastructure as may be necessary for the installation of electric vehicle charging stations. For the purposes of this section, the following definitions shall apply: ............... . . ................. ................ Electric Vehicle ("EV") charging station of an installation of electrical energy transmission -equipment including .... cabinets,___ switchqear charging ... posts .... and/or devices, products and parking spaces all designed to transfer electric energy to an electric vehicle. -me Me R I USTIM M MO i MW me: I I I NO al 09 1 110-16TA' IsLeMMIN of electric energy to an electric vehicle. Charging levels means the standardized indicators of electrical force, or voltage at which an electric vehicle's battery .. is__recha!�qed.______Typical__e_lectric vehicle ch_arqing_ levels and specifications are- WIRM MOMMElow isimr-LoLoitiLvit.:iMEML*"Ul MoRDIRM11 I Most often used in homes but sometimes used at workplaces. 111111111111 IIIIIIIIIA I 140111111 WORVIL41 I =0101104111110=011110 1 09 111 ON i I . 1111 1 11011111 MINE MAIMMIMMMIR Plug in hybrid vehicles typically do not have fast charging capabilities. Can deliver 60 to 80 FIN MI I FIWMI I ITS = ��uol-ALONIM, (ii) Electric Vehicle (EV) Charging Station Standards. IM14IJA submect to compliance with all of the following regulations - Page 4 of 19 City of Aventura Ordinance No. 2020-03 Is R1 rOIRMSEWN.1 IS w, illt'llh,lillo""Ilollellw"""ollrl""eIx,illslltli,,n,,c; s u rfa,ce p-a r,,K,J,,nq areas. If the charging station ilnllclllllulldlllells'll'I'Ll,ely'lellll''131,111(lD",C""'Fl,allslIt'. Charge) equipment, the charging equipment, excluding the charging posts and connectors,. shall"1111111ble"11111 "r?"u''Ibl"i c rig ht of way or, in ltllhllel"""alllltlellrllnllalltllillvlel,. enclosed and secured in a manner comoatible with the site. as ar)r)roved by the City Manaaer. '10011 11 i! I I 1 1. - - or-MOMAMI be located in parking garages or on surface -parking lots with 100 or more regular parking spaces. of Level 3 (DQ fast aharge) charging station 'clallbl'i'lln'lelt"Ill'Is"lhllalllllllll'l,bl,el"""7"1'll,flellelt".. Maximum height of Level 3 (DC fast charge) switchqear shall be 5 feet and maximum height of ............ . Level 3 (DC fast charge) charge post shall be 6 feet. 4. No advertising, other than information required by this Section, is permitted on charging station signs, cabinets and/or charging station equipment, s,ollallcl,ell'I'llm,Ially""Illb,le'"'I'lclollulllnlltllelldll,"Itllollw"al'Ir,ld'Is'll'Illtllhllell""In'llu'llm",bl,ellr''""ollfll'llparkinq spla"ces. required pursuant to this Article: however, the maximum number of electric vehicle charging. .............. ...... ........ ............. .... I ............... ......... ....... .................. .............. ..... ...........................•............................................................ . ... ............ ..................................... . station s"r")"a"c"ells""Iclalln"lnllolltlllllellxllclellelld""Iltlelln",(10%) of thlell",Inlllullmllbllel'Ir""Iolfl""Irllellcillu'llillrlelldl"Ireqular parking spacels'.11111111A. maximum of fifty (50%) percent of the electric vehicle charQinq station spaces may be desianed for sole use by one manufacturer's electric vehicle. 9-1402L M-EM", URISWNWWM�Q 111SLYA11 MEMO converted to EV charging station spaces. 111111111 I�11 I 111p; 1�11l cl,oll'ollyllelllrlltllelld"ll,"Itllo""'',El,Vlll,"Icllhllallrlqinq spaces only whlellnl"''Itllhlle"Ill"alfflelcted parking spaces are brouqht"I'llin"t-ol. compliance with the standards of this Article. =111 INvEl 9218=iEws Jr-jLflufflne.11111111'' Sw addition to the other standards in this Article: space as an EV parking space, in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration. manufacturer and contact information for the owner of the charging station to allow consumers to report issues relating to the charging station. Page 5 of 19 City of Aventura Ordinance No. 2020-03 M, I I WROTE TISTOTA R. a Wei M M M a M WOM NOW M- 7 150TIM i M I MIM M me # 4: M 0=0 �. 0 M complies with the provisions of the Florida Building Code. IMNMMO:HILOEME=imlwcoTATF-WIW-WM- W-MMOTAWOMMMMMIMIMMO MMOMIMISM and connectors above the ground surface. All such devices, cords and connectors shall be designed to comply with the provisions of the Florida Building Code. of kyWolesgle or retQil siqles. MMEWWROMMIMMMIMMMMIMMMI, - I I-, -," -," I M�* SMMWU��M circulation, orwith required landscaping. shall be completely enclosed. For EV charging stations installed in enclosed parking garages, all equipment (other than charging posts or connectors) related to the station shall have safety screens around the equipment. freestanding wheel stops in addition to the required curbing to maximize safety of the charging space. or the expansion of an existing vehicular use area and where certain requirements in this Section and in Section 31-221, Landscaping Requirements, are considered by the City Manager to be either impossible or impractical to comply with, without reducing the number or size of existing parking spaces and/or the required width of drive aisles, administrative relief City Manager or his desi _qnee, provided that the intent and purpose of this Section is not Section 4. City Code Amended. Sections 31-143, Residential Zoning Districts, and 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: Page 6 of 19 City of Aventura Ordinance No. 2020-03 (b) Residential Single -Family Districts (RSI). The following regulations shall apply to all RS1 Districts. (1) Purpose of district. The RS1 Zoning District is established for one -family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed 13 units per neli acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: All uUses permitted in the CF District, but not any use listed as a Conditional use in the C11 district. A (q) Single-family Residential Districts (RS2). The following regulations shall apply to all RS2 Districts. (1) Purpose of district. The RS2 Zoning District is established for one -family living environment appropriate to the needs of families on lots of limited size in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per net acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (d) Multifamily Medium Density Residential Districts (RMF3). The following regulations shall apply to all RIVIF3 Districts. (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 25 units per gross acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Page 7 of 19 City of Aventura Ordinance No. 2020-03 (e) Multifamily Medium Density Residential Districts (R111F3A). The following regulations shall apply to all RMF3A Districts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (t) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. uTc rIIe#IjI.rII-IIIjgjI it. I I I I ar 111 residential use and limited -service hotel use when combined with multifamily residential development in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) 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: a.All i4Uses permitted in the RMF3 District. (2a) Conditional uses. The following uses may be established if first approved as a conditional use: a. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (g) Ifluitifamily Medium Density Residential Districts (R111F3B). The following regulations shall apply to all RMF313 districts: (I)Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well -planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 35 units per gross acre. Page 8 of 19 City of Aventura Ordinance No. 2020-03 (3) Conditional uses. The following uses may be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All uUses permitted in the CF District, but not any use listed as a Conditional use in the QF district. •i i! 11 , 111111 !!!�Il !�Jl i � i I lill! it I'll iiiiiiiiii 11eighborhood 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: e. All uUses permitted in the CF District, but not any use listed as a Conditional use in the QF district. (c) Community Business (B2) 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. (1) 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: a. Any 44Uses permitted in a 131 District subject to the requirements of that district as outlined herein. 1 1 pip IIII I I Page 9 of 19 City of Aventura Ordinance No. 2020-03 k. All i4Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (d) Heavy Business (B3) 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 direcjl access to arterial roadways, particularly major arterials. (1) 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: a. Any i4Uses permitted in a B1 or B2 District subject to the requirements of that district as modified herein. (2) Conditional use. The following uses may be established if first approved as a conditional use: f. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. (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 uses. (g) All uUses permitted in the CF District, but not any use listed as a Conditional use in the .CF district. rage lu 01 ly City of Aventura Ordinance No. 2020-03 (t) 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 distrid 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. h. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Sec. 31-145. - Town Center Zoning Districts. (b)Town Center District (TCI). 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: a. Those uUses Permitted in the RMF3 District, except that residential uses may not be established in a lifestyle center. b. Those 7u Uses permitted in the B1 District. c. Those 7u Uses permitted in the B1 District with increased floor area. m. All i4Uses permitted in the CF District, but -not any use listed as a Conditional use in the CF district. (c) Town Center Marine District (TC2). The following regulations shall apply to all TC2 Districts. (2) 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: (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: Page 11 of 19 City of Aventura Ordinance No. 2020-03 b3hose u1ses permitted in the B1 District. c.Those uUses permitted in the OP District. d.Those uUses permitted in the U District. e3hose uVgermitted in the ROS District. M o. All i4Uses permitted in the CF District, ---but --not --any use listed as a Conditional use in the CF district. (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: k. All uUses permitted in the CF District, but not any use listed as a Conditional use in the CF district. Section 5. City Code Amended. Section 31-21, Definitions, of Chapter 31, "Land Development Regulations", is hereby amended to read as follows- 0.hapter 31, Article 11, Section 31-21. — Definitions For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. Accessory use or accessory building shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. No sign denoting the accessory use shall be exhibited or displayed and no advertisement publicizing or marketing the accessory use accessory use. Page 12 of 19 City of Aventura Ordinance No. 2020-03 Section 6. 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 (f) Prohibited signs. The following are prohibited- (5) Animated Signs, except a commercial advertising sign, defined in Section 31-193 of this Article, that has been approved by the City through variance. (38) Any sign with an illumination level exceeding 4,000 lumens. Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi - tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts (2) f. Wall sign for business identification for Assisted Living Facilities Approvals necessary: Sign permit required. Illumination & Reverse or channel letter sign only. Type: Number (maximum): One wall sign per building for signs located 1 to 5 stories high. Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Two wall signs per building for signs located 6 to 20 stories high, with one wall sign only per building elevation. Page 13 of 19 City of Aventura Ordinance No. 2020-03 Sign area (maximum): One square foot for each one lineal foot of building frontage for signs located1 to 5 stories high. One and one-half square foot for each one lineal foot of building frontage for signs located 6 to 10 stories high. One and three-quarters square foot for each one lineal foot of building frontage for signs located 11 to 15 stories high. Two square feet for each one lineal foot of building frontage for signs located 16 to 20 stories high. Location: No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. Section 7. City Code Amended. Section 31-221, Landscaping requirements, of Chapter 31 "Land Development Regulations" of the Code of Ordinances is hereby amended to read as follows: different(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 fibersAttificial turf. a surface of synthetic * ^ to look texture • feel of natural grass Landscaping material.- Any of the following or combination thereof such as, but not limited to: Grass, ground cover, artificial turf in areas permitted by this Section, shrubs, vines, hedges, trees, palms and non -living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials. Lawn area.- An area planted with lawn grasses or artificial turf in areas permitted by this Page 14 of 19 City of Aventura Ordinance No. 2020-03 b. Ground covers- May be used in lieu of grass. Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. c. Lawn grass- Shall be St. Augustine 'Floratam' solid sod, or other lawn species well adapted to localized growing conditions, as approved by the Director, reasonably free of insects and noxious weeds. Lawn . be # ! sodded for immediate 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 e. Mulch- All exposed soil areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimum three-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. f. Vines- Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls. q. Artificial Turf: May be used as a playing surface for public and private sports recreation fields, roadway medians in areas of flooding and drainage concerns, playgrounds, rooftop o such turf material is certified by the manufacturer in a manner acceptable to the____CitY==@,s permeable, bacteria- and heat -resistant and has backing made of non -toxic materials such that it may be disposed of "#ular landfill site at the end of A turf base (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, 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. 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, artificial turf that is damaged or beyond its lifecycle, 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 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. Page 15 of 19 City of Aventura Ordinance No. 2020-03 Section 8. City Code Amended. Section 31-147, Community Facilities District, Section 31-148, Recreation/OpenSpace Zoning District, and Section 31-149, Utilities Zoning District, Chapter 31 "Land Development Regulations" of the Code of Ordinances are hereby amended to read as follows: (2) Conditional use. The following uses if first approved as a conditional use- g. 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: 1. Be of -5-50 2000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami -Dade County Department of Environmental Resources Management. 3. 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. 4. Be located in a manner consistent with the site development standards of the CF zoning district. 5. 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 31-148 -Recreation/Open Space Zoning District. (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- 4�4�4�4� - 1111111111111 • - '#,. Be installed and operated under a valid permit from the Miami -Dade County Department at. Environmental Resources Management. ON I or, I's Page 16 of 19 City of Aventura Ordinance No. 2020-03 d. Be located in a manner consistent with the site development standards of the ROS 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. it li;IIIIIIIIIII� I� ir�Il� (4) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as an accessory use only for the purpose of storing fuel for emergency generators. Such ASTs must conform to the following requirements: a. Be of -5-50 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 located within a walled service court area or 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. ASTs located within a service court area must be located atop a curbed reveal and shall be protected from turning and backing trucks with bollards. d. Be located in a manner consistent with the site development standards of the U 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. A landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation shall be provided if required by the City. Section 9. 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 10. 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 Page 17 of 19 City of Aventura Ordinance No. 2020-03 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 11. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its adoption on first reading. This motion was seconded by Commissioner Landman 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 Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Marc Narotsky Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Vice Mayor Mezrahi, 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 Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi Yes Mayor Enid Weisman Yes PASSED on first reading this 6t" day of April, 2020. PASSED AND ADOPTED on second reading this 5t" day of May, 2020. Page 18 of 19 City of Aventura Ordinance No. 2020-03 ENID WEISMAN, MAYOR LL C?� O� '. � kit e ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this 5t" day of May, 2020. Page 19 of 19