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.
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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.
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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.
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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.
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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.
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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:
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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.
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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
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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:
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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.
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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.
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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
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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:
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'#,. Be installed and operated under a valid permit from the Miami -Dade County Department at.
Environmental Resources Management.
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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