06-15-1999 CC Meeting AgendaMeeting)
COMM/SSIONER JAY R. BESKIN
KEN Co,teN
HARm' HOLZ~ERO
PERLOW
Crrv MAN^~ER ER~C M.
C'~TV
City Commlssloa
Arth,tr I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers=Libert
Erlc M. Soroka
Cit_r Clerl
Teresa M. Soroka, CMC
Cit? Attorney
Weiss 8erota Heffman
Pastoriza & Guedes
CITY COMMISSION MEETING
AGENDA
June 15,1999
(Immediately following 6 pm Local Planning Agency Meeting)
CALL TO ORDER~ROLL CALL
2. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF
AVENTURA; RESCINDING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR RE-ZONING OF
ALL PROPERTY IN THE CITY OF AVENTURA IN CONFORMANCE
WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING
MAP; PROVIDING FOR INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
3. ADJOURNMENT
llais meeting is opm to the publi~ In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
acconunodations to paOJcipate in this nle~ing because of that disability should ec~ltact the Office of the City Clerk, 305-466-8901, not late~ than two
days prior to such proceeding.
Anyone wishing to appeal any decision made by the Avmtura City Commission with respect to any matte~ considered at such meeting or heating will
need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C
June 11, 1999
Proposed Land Development Regulations (LDRs)
Ist Reading June 15, 1999 City Commission Meeting Agenda Item 2A
2nd Reading July 13, 1999 City Commission Meeting Agenda Item __
BACKGROUND
Attached hereto for your review and consideration are the proposed Land Development
Regulations and Summary Report. As you are aware, numerous Workshops and staff
meetings have been held since the LDRs were transmitted to the City Commission in
April. The original document has been revised, redlined and includes the following:
· Changes previously approved by the City Commission at the Workshop
Meetings.
· Revisions recommended by the City Attorneys' office after their review of the
document.
· Revisions recommended by staff after a "page by page" review of the
document by staff with the development community.
The following is a summary of the key revisions to the original document:
A "Vested Rights Determination" process for vacant property has been
added to Chapter 1. Appeals are limited to the applicant only (Section
103).
Establishes a one-year time limit for the utilization of a variance,
conditional use or site plan approval (Section 501.12).
An administrative variance process was added to address setback, open
space and parking requirement issues in those cases where the variance
10.
11.
12.
was created as a result of the dedication of private property to the City
(Section 506.9).
Deleted small-scale plan amendments from the quasi-judicial matters list
(Section 501.11).
The "Zoning in Progress" section was revised to address developer
concerns and establish the current zoning in progress date as February
18, 1999 (Section 507.8).
Modified plat process to a ministerial function (Section 508.6.4).
Deleted old Section 509 entitled Subdivision Improvement Plans. Staff
felt that this section dealt primarily with single family plats and the existing
plat section contained these provisions.
Added "demolition" as an exempt activity not requiring a site plan (Section
509.3).
RS1 Zoning District (Section 703.2).
a. Revise density requirements to reflect the Comprehensive Plan.
b. Deleted maximum floor area requirement.
RS2 Zoning District (Section 703.3)
a. Zero lot line development is a permitted use.
b. Revised setback height requirements to conform to existing
development.
c. Deleted maximum floor area requirement.
RMF3 Zoning District (Section 703.4)
a. Deleted maximum floor area requirement.
B2 Zoning District (Section 704.3)
a. Added Hotels and Motels as a permitted use.
b. as a
Added approvals for uses exceeding
conditional use.
height limitation
c. Reduced setback from 65' to 25'.
d. Deleted special provisions for shopping center out-parcels.
13. B3 Zoning District (704.4)
a. Increased height limitation to 20 stories to mirror B-2.
14. OP Zoning District (704.5)
a. Added Hotels and Motels as a permitted use.
b. Revised FAR from .30 to .40.
15. MO Zoning District (704.6)
a. Added Heliport Landing Site as a conditional use.
16. TC Zoning District (705.2)
a. Added approvals for uses exceeding height limitation as a
conditional use.
17. Re-evaluated parking requirements and updated requirements to reflect a
more reasonable formula (Section 801). Deleted valet parking
requirements.
18. Revised foundation grade criteria to conform to acceptable City standards
(Section 1102.7.2).
19. Added section to prohibit chain link fences except as a temporary
enclosure or fencing for a golf course or tennis court (Section 1108.5.6).
20. Revised nonconforming use section in accordance with direction
established by the Commission at the Workshop Meeting. Residential
properties are "grandfathered" in the event of a hurricane or other natural
disaster affecting a substantial portion of the City.
EMS/aca
Attachment
cc0757-99
ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
LAND DEVELOPMENT REGULATIONS FOR THE CITY; RESCINDING
ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the City of Aventura provides that land
development regulations will be prepared and adopted to implement the goals and
objectives of the Comprehensive Plan; and
WHEREAS, the City Commission has determined that the Miami-Dade County
zoning code, currently in effect, does not meet the needs of the City and desires to replace
same; and
WHEREAS, the City has held numerous Workshop Meetings and obtained
extensive input and participation by the public through these meetings; and
WHEREAS, the City Manager has presented and recommended the adoption of
Land Development Regulations that will preserve the public health, safety and welfare of
the City; and
WHEREAS, the City Commission, sitting as the Local Planning Agency pursuant to
City Code Section 34-1, has held a public hearing upon the Land Development Regulations
and has recommended adoption of the Land Development Regulations to the City
Commission; and
WHEREAS, the City Commission has held public hearings upon the adoption of the
Land Development Regulations pursuant to this Ordinance; and
WHEREAS, in accordance with the City's procedures and Section 166.041, Fla.
Stat., public notice has been given of the public hearings for the proposed adoption of this
Ordinance adopting the Land Development Regulations; and
WHEREAS, the City Commission finds that it is in the best interests of the health,
safety and welfare of the residents and property owners of the City of Aventura to adopt the
attached Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted
and incorporated herein.
Ordinance No. 99-__
Page 2
Section 2. Adoption of Land Development Regulations. That the Land
Development Regulations of the City of Aventura, attached hereto as Exhibit "A" and
incorporated herein, are hereby approved and adopted.
Section 3. Conflicts. That all ordinances and parts of ordinance in conflict
herewith are hereby repealed insofar as they are inconsistent or in conflict with the
provisions of this ordinance or the Land Development Regulations, and the Land
Development Regulations shall replace the provisions of the Miami-Dade County Zoning
Code to the fullest extent allowed by law. However, the repeal of ordinances and the
replacement of the Miami-Dade County Zoning Code shall not affect any offense or act
committed or done or any penalty or forfeiture incurred, before the effective date of this
ordinance.
Section 4. Severability. That 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 5. 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 made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 6. Effective Date. That this ordinance shall be in full force and effect on
the date of passage and adoption.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. The motion wes seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice-Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
2
Ordinance No. 99-__
Page 3
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice-Mayor Patri¢ia Rogers-Libert
Mayor Arthur I. Snyder
PASSED on first reading this 15th day of June, 1999.
PASSED AND ADOPTED on second reading this 13th day of July, 1999.
Al-rEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGALSUFFICIENCY:
CITY A'I-FORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OFTHEClTYMANAGER
MEMORANDUM
City Commission
Eric M. Soroka, Cit~4~a~J~
June 11, 1999
Proposed Zoning Map
Ist Reading June 15, 1999 City Commission Meeting Agenda Item ;~ ~';
2nd Reading July 13, 1999 City Commission Meeting Agenda Item __
Attached hereto is an Ordinance adopting the Zoning Map for the City to reflect the
districts established in the Land Development Regulations.
The following revisions were made to the original Map based on Workshop Meetings:
a. Turnberry, G1 site located north of Aventura Lakes from RS2 to RMF3.
b. Turnberry M1 site located north of the Hyatt ALF from RMF3 to RMF4.
c. Gulfstream residential property south of the racetrack from RS1 to RS2.
In addition, a second Map is enclosed which includes the following proposed zoning
revisions to coincide with the proposed Comprehensive Plan Amendments:
EMS/aca
Attachment
CC0758-99
Gulfstream residential property south of the racetrack from RS2 to MO -
Requires Land Use Amendment for Business and Office.
Turnberry parcels north of Lehman Causeway, south of Yacht Club from
RMF4 to B1 - Requires Land Use Amendment for Business and Office.
Hi-Lift Marina site from RM4 to TC - Requires Land Use Amendment for
Business and Office.
ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT
REGULATIONS; PROVIDING FOR REZONING OF ALL PROPERTY IN
THE CITY OF AVENTURA IN CONFORMANCE WITH THE ZONING
DESIGNATIONS CONTAINED ON THE ZONING MAP; PROVIDING FOR
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the City's Land Development Regulations require the preparation of an
official zoning map to implement the Land Development Regulations; and
WHEREAS, the City has held numerous Workshop Meetings and obtained
extensive input and participation by the public through these meetings; and
WHEREAS, a new zoning map has been prepared by the City Manager for the
proper preservation of the public peace, health, safety, and welfare of the City; and
WHEREAS, the City Commission, sitting as the Local Planning Agency pursuant to
City Code Section 34-1, has held a public hearing upon the Zoning Map and has
recommended adoption of the Zoning Map to the City Commission; and
WHEREAS, the City Commission has held public hearings upon the adoption of the
Land Development Regulations pursuant to this Ordinance; and
WHEREAS, in accordance with the City's procedures and Section 166.041, Fla.
Stat., public notice has been given of the public hearings for the proposed passage of this
Ordinance adopting the Zoning Map as required by the Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted
and incorporated herein.
Section 2. Adoption of Zonin.q Map. That the Zoning Map attached as Exhibit
"A" is adopted as the official zoning map of the City of Aventura, and that all property within
the City is hereby rezoned in accordance with the Zoning Map.
Section 3. Repeal of Zonin.q Map and Desi.qnations. That the Zoning Map that
wes adopted by Section 8.03 of the City Charter (the Miami-Dade County Zoning Map),
along with any amendments thereto, is hereby repealed and replaced as of the effective
date of this Ordinance.
Ordinance No. 99-__
Page 2
Section 4. Conflicts. That all ordinances and pads of ordinance in conflict
herewith are hereby repealed insofar as they are inconsistent or in conflict with the
provisions of this ordinance or the Land Development Regulations, and the Land
Development Regulations shall replace the provisions of the Miami-Dade County Zoning
Code to the fullest extent allowed by law. However, the repeal of ordinances and the
replacement of the Miami-Dade County Zoning Code shall not affect any offense or act
committed or done or any penalty or forfeiture incurred, or any contract or right established
or accruing before the effective date of this ordinance.
Section 5. 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 made a pad of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 6. Effective Date. That this ordinance shall be in full force and effect on
the date of passage and adoption.
The foregoing Ordinance wes offered by Commissioner ,
who moved its adoption on first reading. The motion wes seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice-Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. The motion wes seconded by Commissioner
, and upon being put to a vote, the vote wes as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice-Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
2
Ordinance No. 99-__
Page 3
PASSED on first reading this 15th day of June, 1999.
PASSED AND ADOPTED on second reading this 13th day of July, 1999.
A'I-FEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
City of Aventura
Land Development Regulations
OFFICIALS OF THE CITY AT TIME OF ADOPTION
July 1999
CITY COMMISSION
Mayor Arthur I. Snyder
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
CITY ADMINISTRATION
City Manager Eric M. Soroka
City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A.,
Community Development Director Brenda Kelley
Senior Planner Bruce Epperson
Assistant to City Manager Jules Bevis
City Clerk Teresa M. Soroka, CMC
Preparation of this document was aided through the financial assistance received from the
State of Flodda under the Local Govemment Comprehensive Planning Assistance
Program, authorized by Chapter 87-98, Law of Fiodda and administered by the Department
of Community Affairs.
Office of the City Manager
Land Developmcnt Regulations
City of Aven~r~, Florida
City of Aventura
Land Development Regulations
TABLE OF CONTENTS
CHAPTER t. PURPOSE AND APPLICABILITY
Sec~on
Section
Section
Section
101
102
103
103.1
103.2
104
104.1
104.2
Title .................................................................................................................. 1-1
Authority and Purpose ........................................................................................ 1-1
Applicability, Vested Rights ............................................................................... %1
General Applicability .............................................................................................. 1-1
Exceptions- Vested R ghts ......................................................... 1-1
Official Zoning Map ............................................................................................. 1-4
Amendments to the Zoning Map ........................................................................... 1-4
Recording Amendments to the Zoning Map .......................................................... 1-4
CHAPTER 2. DEFINITIONS AND RULES OF CONSTRUCTION
Section 201
Definitions ............................................................................................................ 2-1
Section
202
202.1
202.2
202.3
202.4
202.5
202.6
202.7
202.8
202.9
202.10
202.11
202.12
Rules of Construction ...................................................................................... 2-19
Generally ............................................................................................................. 2-19
Computation of Ti me ........................................................................................... 2-20
Administrative Delegation of Authority ................................................................ 2-20
Gender ................................................................................................................ 2-20
Non-Technical and Technical Words .................................................................. 2-20
Number ................................................................................................................ 2-20
Shall, May ............................................................................................................ 2-20
Tense ................................................................................................................ 2-20
Wdtten or In Wdting ............................................................................................ 2-20
Year ................................................................................................................ 2-20
Day ................................................................................................................ 2-20
Boundades ........................................................................................................... 2-20
CHAPTER 3. DECISION-MAKING AND ADMINISTRATIVE BODIES
Section 301
301.1
City Commission ................................................................................................ 3-1
Powers and Duties ................................................................................................. 3-1
Section 302
302.1
Development Review Process ........................................................................... 3-2
Creation and Purpose ............................................................................................ 3-2
CHAPTER 4. COMPREHENSIVE PLAN
Section 401 Purpose ................................................................................................................ 4-1
Section 402 Legal Status of the Plan ...................................................................................... 4-1
Sec'don 403 Amendments ........................................................................................................ 4-1
403.1 Who May File ........................................................................................................ 4-1
L~nd Development Regulations
City of Aventura, Florid~
403.2
403.3
403.4
403.5
403.6
403.7
403.8
403.9
403.10
Application Requirements ...................................................................................... 4-1
Umitations on Number of Amendments ................................................................ 4-1
Notice of Public HE~adngs ...................................................................................... 4--2
Amendment Procedure ......................................................................................... 4-2
Local Planning Agency Public Hearing ................................................................. 4-2
City Commission Public Headng ........................................................................... 4-2
Transmittal of Proposed Amendment .................................................................... 4-2
Adoption of Proposed Amendment ....................................................................... 4-2
Approval of Amendment ............................ 4-2
CHAPTER 5. DEVELOPMENT REVlBN PROCEDURES
Section
501
501.1
501.2
501.3
501.4
501.5
501.6
501.7
501.8
501.9
501.10
501.11
501.12
501.13
Procedures of General Applicability ................................................................. 5-1
Who May File ........................................................................................................ 5-1
Application Requirements ...................................................................................... 5-1
Pmepplication Conference .................................................................................... 5-1
Filing of Application ............................................................................................... 5-1
Public Headng and Notice Procedures .................................................................. 5-1
Rescheduled Meeting Dates .................................................................................. 5-2
Examination and Copying of Application and Other Documents .......................... 5-2
Resubmission of Applications After Denial ............................................................ 5-2
Reliance on Information Presented by Applicant .................................................. 5-2
Restriction upon Vadance and Other Development Applications ..................... 5-2
Quasi - Judicial Proceedings ................................................................................. 5-3
Time Limit .............................................................................................................. 5-3
Pdor Approvals ...................................................................................................... 5-3
Section
502
502.1
502.2
Permitted Uses ................................................................................................... ,5-5
Purpose ................................................................................................................. 5-5
Permits Required ................................................................................................... 5-5
Sec~on
503
503.1
503.2
503.3
503.4
503.5
503.6
Conditional Uses ................................................................................................. 5-6
Purpose ................................................................................................................. 5-6
Application Requirements ...................................................................................... 5-6
General Standards of Review ............................................................................... 5-6
Review by City Commission .................................................................................. 5-7
Effect of Approval or Denial .................................................................................. 5-8
Amendments and Alterations to Approved Conditional Uses ............................... 5-8
Section 5O4
504.1
New Uses ............................................................................................................ 5-10
New Uses ............................................................................................................. 5-10
Sec~on
505
505.1
505.2
505.3
505.4
505.5
505.6
Temporary Uses ................................................................................................ 5-11
Permit Required ................................................................................................... 5-11
Review and Approval .......................................................................................... 5-11
Maximum Time Limit ........................................................................................... 5-12
Revocation of Permits ......................................................................................... 5-12
Exemptions .......................................................................................................... 5-12
General Criteda and Limitations for Temporary Use Permits ............................. 5-12
Section
506
506.1
506.2
506.3
506.4
Variances ............................................................................................................ 5-13
Purpose and Scof~ ............................................................................................. 5-13
Application Requirements .................................................................................... 5-13
Staff Review ........................................................................................................ 5-13
Review by City Commission ................................................................................ 5-13
Land Development ltegulafions
City of Aventura, Florida
Section
Section
506.5
506.6
506.7
506.8
506.9
507
507.1
507.2
507.3
507.4
507.5
507.6
507.7
507.8
508
508.1
508.2
508.3
508.4
508.5
508.6
508.7
508.8
508.9
508.10
508.11
508.12
Section 509
509.1
509.2
509.3
509.4
509.5
509.6
509.7
509.8
509.9
509.10
509.11
509.12
509.13
Section 510
510.1
510.2
510.3
510.4
510.5
510.6
Standards of Review ........................................................................................... 5.13
Conditions ............................................................................................................ 5-14
Expiration of Approval ........................................................................................ 5-14
Amendments and alterations to Approved Variances ......................................... 5-14
Administrative Vadences ..................................................................................... 5-15
Amendments to the Land Development Regulations and Official Zoning Map
Purpose ............................................................................................................... 5-16
Initiation ............................................................................................................... 5-16
Application Requirements .................................................................................... 5-16
Review by Staff ................................................................................................... 5-16
Review by City Commission ................................................................................ 5-16
Standards for Reviewing Proposed Amendments to the Zoning Map ................ 5-17
Standards for Reviewing Proposed Amendments to the Text of the LDR .......... 5-18
Zoning In Progress, Temporary Hold on Permits and Licenses .......................... 5-18
Subdivision Plat Approval ................................................................................ 5-20
Purpose ............................................................................................................... 5-20
Plat Required ....................................................................................................... 5-20
Conformity to Comprehensive Plan .................................................................... 5-20
Preliminary Plat ................................................................................................... 5-20
Tentative Plat Review ......................................................................................... 5-20
Final Plat Review ................................................................................................. 5-23
Endorsement of Final Plat ................................................................................... 5-27
Requirements for Final City Signature ................................................................ 5-27
Time Limitations of Final Plat Approval ............................................................. 5-28
Enforcement Provisions ...................................................................................... 5-28
Modifications to Recorded Plats .......................................................................... 5-29
Recorded Plat ...................................................................................................... 5-30
Adminis'a'aflve Site Plan Review ...................................................................... 5-37
Required .............................................................................................................. 5-37
Application Required ........................................................................................... 5-37
Exempt Development .......................................................................................... 5-37
General Site Plan Application Requirements ...................................................... 5-37
Preliminary Site Plan Submission Requirements ................................................ 5-38
Final Site Plan Filing ............................................................................................ 5-39
Review ................................................................................................................ 5-40
Approval .............................................................................................................. 5-40
Approved Plans ................................................................................................... 5-40
Site Plan Revisions .............................................................................................. 5-40
Engineering Plans ................................................................................................ 5-41
Myler Copy of Approved Site Plans Required ..................................................... 5-41
Confom~ance with Approved Site Plans .............................................................. 5-41
Engineering Permits ......................................................................................... 5-42
Purpose ............................................................................................................... 5.42
Engineering Construction Permit ......................................................................... 5-42
Engineering Excavation Permit ........................................................................... 5-42
Annual Permit for Mining, Quarrying or
Excavation with Blasting ..................................................................................... 5-42
Engineering Right-of-Way Crossing Permit ........................................................ 5-42
Revocation of Engineering Permits ..................................................................... 5-42
Land Development Regulations
City of Aventura, Florida
Section
511
511.1
511.2
511.3
511.4
Review of Building Permits .............................................................................. 5-44
Purpose and Applicability .................................................................................... 5 ~.
Application Requirements .................................................................................... ~
Action by Community Development Department ................................................ 5-44
Permit Card ......................................................................................................... 5-44
Section
512
512.1
512.2
512.3
512.4
512.5
Certificates of Occupancy ................................................................................ 5-45
Purpose and Effect .............................................................................................. 545
Standards and Review ........................................................................................ 545
Action by Building Division .................................................................................. 5~45
Contents of Certificate ......................................................................................... 5~45
Posted Notice of Issuance ................................................................................... 5-45
Section
513
513.1
513.2
513.3
513.4
Appeals ............................................................................................................... 5-46
Purpose and Applicability .................................................................................... 546
Filing of Application and Notice of Appeal ........................................................... 5-46
Review ................................................................................................................ 5-46
Action by the City Commission ............................................................................ 5-46
CHAPTER 6. ARCHAEOLOGICAL AND HISTORICAL LANDMARKS
Se~on 601
Purpose ............................................................................................................... 6-1
Section 602
Standards for Designation of Archaeological and Historical .............................
Landmarks ........................................................................................................... 6-1
Sec~on
603
603.1
603.2
603.3
603.4
Procedures for Designation ............................................................................... 6-1
Proposals .............................................................................................................. 6-1
Designation Report ................................................................................................ 6-1
Consideration by City Commission ....................................................................... 6-2
Appeals .................................................................................................................. 6-2
Section 604
Effect of Designation ......................................................................................... 6-2
Section
6O5
605.1
605.2
605.3
605.4
Procedure for Obtaining Approval .................................................................... 6-2
Preapplication Conference .................................................................................... 6-2
Application for Development Approval .................................................................. 6-2
Decision of the City Commission ........................................................................... 6-3
Expiration of Development Approval .................................................................... 6-3
Section 606
Guidelines for Issuing Development
Approval ............................................................................................................... 6-3
Sec'don 607
607.1
607.2
607.3
Administration, Enforcement, Violations and Penalties ................................. 6-3
Enforcement .......................................................................................................... 6-3
Violations and Penalties ........................................................................................ 6-4
Conflicts ................................................................................................................. 6-4
CHAPTER 7. USE REGULATIONS
Section 701
701.1
701.2
701.3
Zoning Districts ................................................................................................... 7-1
Purpose ................................................................................................................. 7-1
Division Of City Into Districts ................................................................................. 7-1
Water Area ............................................................................................................ 7-2
Land Development Regulations
City of Aventura, Florida
Section
Section
Section
Section
Section
Section
Section
Section
Section
701.4
701.5
701.6
701.7
702
702.1
7O3
703.1
703.2
703.3
703.4
703.5
704
704.1
704.2
704.3
704.4
704.5
704.6
7O5
705.1
705.2
706
706.1
706.2
707
707.1
708
708.1
7O9
709.1
710
710.1
710.2
710~3
710.4
710.5
710.6
710.7
710.8
710.9
710.10
710.11
710.12
Districting of Vacated Ways .................................................................................. 7-2
Boundaries of Districts ........................................................................................... 7-2
Zoning for Annexed Areas ..................................................................................... 7-2
Designation of Zoning Districts on Zoning Map ..................................................... 7-2
Conservation Zoning District (CNS) .................................................................. 7-4
Purpose ................................................................................................................. 7-4
Residential Zoning Districts ............................................................................... 7-5
Residential Districts ............................................................................................... 7-5
Residential Single Family Residential Districts (RS1) ........................................... 7-5
Residential Single Family Residential Districts (RS2) ...........................................
Multi - Family Medium Density Residential Districts (RMF3) ................................ 7-7
Multi - Family High Density Residential Districts (RMF4) ...................................... 7-9
Business Zoning Districts ................................................................................ 7-11
Purpose ............................................................................................................... 7-11
Neighborhood Business (B1) District ................................................................... 7-11
Community Business (B2) Distdct ....................................................................... 7-13
Heavy Business (B3) District ............................................................................... 7-20
Office Park (OP) District ...................................................................................... 7-24
Medical Office (MO) Districts .............................................................................. 7-26
Town Center Zoning District ............................................................................ 7-29
Purpose ............................................................................................................... 7-29
Town Center (TCl) District .................................................................................. 7-29
Industrial Zoning Dislfict .................................................................................. 7-32
Purpose ............................................................................................................... 7-32
Light Industrial District (M1) ................................................................................. 7-32
Community Facilities Zoning District (CF) ..................................................... 7-37
Purpose ............................................................................................................... 7-37
Recreation Open Space Zoning District (ROS) .............................................. 7-39
Purpose ............................................................................................................. 7-39
Utilities Zoning District (U) ............................................................................... 7-40
Purpose ............................................................................................................... 7-40
Specific Use Regulations ................................................................................. 7-4t
Auto/-I'ruck/RV/Boat Sales and Rentals ............................................................... 7-41
Bottle Club ........................................................................................................... 7-41
Child or Adult Care Centers ................................................................................. 7-41
Drive-thru Windows ............................................................................................. 7-42
Group Homes ...................................................................................................... 7-42
Multi-Family Residential ...................................................................................... 7-42
Outdoor Sales ...................................................................................................... 7-42
Outdoor Storage .................................................................................................. 7-42
Rehabilitation Centers ......................................................................................... 7-42
Utility Substations ................................................................................................ 7-42
Warehouse - Se f Storage ..................................... 7-42
Wet and M t get on Banks ........................................................ 7-42
Land Development Regulations
City of Aventura, Florida
CHAPTER 8. OFF-STREET PARKING. LOADING AND DRIVEWAY STANDARDS
Section
801
801.1
801.2
801.3
801.4
801.5
Off-Street Parking and Loading Standards ..................................................... 8-1
Amount of Off Street Parking ................................................................................ 8-6
Use of Permitted Fadlities ................................................................................... 8-15
Off Street Loading ............................................................................................... 8-16
Ddve - Through Sewice Windows ...................................................................... 8-17
Section
802
802.1
802.2
802.3
802.4
802.5
802.6
802.7
802.8
Driveway Requirements .................................................................................... 8-19
Design ................................................................................................................ 8-19
Intersection with Street,,~ ....................................................................................... 8-19
Separation Between Driveways ........................................................................... 8-19
Maximum Width .................................................................................................. 8-19
Minimum Size ...................................................................................................... 8-20
Proximity to Property Lines ................................................................................. 8-20
Paving ................................................................................................................ 8-20
Clear Sight Triangles ........................................................................................... 8-20
CHAPTER 9. SIGN REGULATIONS
Section
90t
901.1
901.2
901.3
901.4
901.5
901.6
901.7
901.8
901.9
901.10
901.11
901.12
901.13
Sign Regulations ................................................................................................. 9-1
Intent and Purpose ................................................................................................ 9-1
Definitions .............................................................................................................. 9-1
Prohibited Signs ..................................................................................................... 9-6
Required Signs ...................................................................................................... 9-7
Other signs/No Permit Required ............................................................................ 9-7
Residential Permanent Signs ................................................................................ ~8
NonresJdential Distdct Signs .................................................................................. 9-9
Temporary Signs ................................................................................................. 9-14
Supplemental Regulations ................................................................................... 9-17
Permit Requirements ........................................................................................... 9-19
Non-conforrning Signs ......................................................................................... 9-21
Sign Maintenance ................................................................................................ 9-23
Removal of Improper Signs ................................................................................. 9-23
Section 902
Tempormy Political Sign .................................................................................. 9-24
CHAPTER 10. LANDSCAPING REQUIREMENTS
Section
1001
1001.1
1001.2
1001.3
1001.4
1001.5
1001.6
1001.7
1001.8
1001.9
Landscaping Requirements ............................................................................. 10-1
Intent and Purpose .............................................................................................. 10-1
Applicability .......................................................................................................... 10-1
Administrative Waiver ......................................................................................... 10-1
Defin tons ............................................................................................................ 10-1
Landscape Plan Required ................................................................................... 10-4
Minimum Landscape Requirements .................................................................... 10-4
Maintenance ........................................................................................................ 10-7
Tree Removal Permit .......................................................................................... 10-8
Minimum Design Standards ................................................................................ 10-9
CHAPTER 11. DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY
Section 1101
Development Standards ................................................................................... 11-1
Land Development Regulations
City of Avenl;ura, Florida
Section
1102
1102.1
1102.2
1102.3
1102.4
1102.5
1102.6
1102.7
Subdivision Design Standards ........................................................................ 11-2
General ................................................................................................................ 11-2
Street Layout ....................................................................................................... 11-2
Minimum Intersection Spacing ............................................................................ 11-3
Street Design ....................................................................................................... 11-4
Addresses ............................................................................................................ 11-7
Lots ................................................................................................................ 11-7
Storm Drainage and Water Management Design Standards .............................. 11-7
Section
1103
1103.1
1103,2
1103.3
Architectural Design Standards ..................................................................... 11-11
Design Concepts ............................................................................................... 11-11
Pedestrian Orientation ...................................................................................... 11-11
Minimum Design Standards .............................................................................. 11-11
Section
1104
11044
1104.2
1104.3
1104.4
1104.5
1104.6
1104.7
Outdoor Lighting Standards .......................................................................... 11-15
General .............................................................................................................. 11-15
Preparation of Site Lighting Plan ....................................................................... 11-15
Minimum Illumination ........................................................................................ 11-15
Maximum Illumination ....................................................................................... 11-15
Lighting Height Standards ................................................................................. 11-15
Exceptions ......................................................................................................... 11-15
Street Lighting .................................................................................................... 11-15
Section 1105
1105.1
Wetlands Preserv;~don .................................................................................... 11-16
Conformance with Applicable Regulations ........................................................ 11-16
Section 1106
1106.1
Coastal Tidal Water Standards ...................................................................... 11-17
Conformance with Applicable Regulations ........................................................ 11-17
Section 1107
1107.1
Surface Water Management Cdteria .............................................................. 11-18
Conformance with Applicable Laws ................................................................... 11-18
SeotJon
1108
1108.1
1108.2
1108.3
1108.4
1108.5
1108.6
1108.7
1108.8
1108.9
1108.10
1108,11
1108,11
1108,11
Accessory Uses ............................................................................................... 1t-19
General .............................................................................................................. 11-19
Awnings and Canopies ...................................................................................... 11-19
C ' 11 19
Domestic Pet Shelters ....................................................................................... 11-19
Fences and Walls .............................................................................................. 11-20
Gazebos ............................................................................................................ 11-21
Play Equipment ................................................................................................. 11-21
Screen Enclosures ............................................................................................. 11-21
Swimming Pools & Spas ................................................................................... 11-22
Utility Sheds ....................................................................................................... 11-24
Utility/Mechanical Equipment ............................................................................ 11-25
Waterfmht Lands ............................................................................................... 11-25
Docks; Construction Requirements ................................................................... 11-25
Section
1109
1109.1
1109.2
1109.4
1109.5
1109.6
Compliance with Comprehensive Plan ......................................................... 11-26
Compliance Required ........................................................................................ 11-26
Determining Campliance ................................................................................... 11-26
Development Orders Requiring Concurrency Determination ............................ 11-26
Burden of Showing Compliance ........................................................................ 11-27
Leve of Serv ce Standards ............................................................................... 11-27
Section 1110
Satellite Dishes ................................................................................................ 11-32
Land Development Regulations
City of Aventura, Florida
1110.1
1110.2
1110.3
1110.4
1110.5
1110.6
Section 1111
Definitions .......................................................................................................... 11-32
Purpose and intent ............................................................................................ 11-33
Small Satellite Dish Regulation ......................................................................... 11-33
Large Satellite Dish Regulation ......................................................................... 1%37
Violation of Article .............................................................................................. 11-37
Contact .............................................................................................................. 11-37
Wireless Telecommunications Towers and Antennas ................................ 11-34
CHAPTER 12. NONCONFORMING USES AND STRUCTURES
Section 1201
Section 1202
Sec'don 1203
Section 1204
Section 1205
Section 1206
Section 1207
Section 1208
1208.1
Purpose and Scope ........................................................................................... 12-1
Expansion of Nonconforming Use .................................................................. 12-1
Discontinuation Or Abandonment of Nonconforming Use ......................... 12-t
Change of Use ................................................................................................... 12-1
Repair or Reconstruction of Nonconforming Structure ............................... 12-1
Alteration or Enlargement of Nonconforming Structure .............................. 12-3
Moving of Nonconforming Sb'ucture .............................................................. 12-3
Nonconforming Lots of Record ....................................................................... 12-3
Subdivision of Nonconforming Lots ..................................................................... 12-3
June 14, 1999
Land Development Regulations
City of Aventura, Florida
2hapter 1: PURPOSE AND APPLICABILITY
Section 101: Title
This Code shall be emitled and may be referred to as the Aventura Land Developmem
Regulations ("LDP~_").
Section 102: Authority and Purpose
...... v ......... ~ ...... LDRs are enacted pursuant to the requirements and
authority of Chapter 163, Part II, FI~ Stat. (the Local Govemn~nt Comprehensive
Planning and Land Development Regulation Act) and the general powers confirmed in
Chapter 166, Fla. Stat. O.~,:r2eipa~dea) Home Rules Powers Act and the Constitution of the
State of Florida.
The purpose of the LDRs Land .... 1 ..... o~a~+;^~o to
D ..... v ....... ~.~,~....,,~, ~s implemem further the
Comprehensive Plan of the City by establishing regulations, procedures and standards for
review and approval of all development and uses_ of land and water in the C0:y:' ........... :" ~:*:~- *~
~a : ..... a~,~:l a,~..u^~ :~ ,u^ m~ Further the LDRs Land Development
Regulations are adopted in order to foster and preserve public health, safety, comfort and
welfare, and to aid in the harmonious, orderly, and progressive development and
redevelopment of the City. It is the intent of these Rcff'~ladon~ LDRs that the development
process in the City of Aventura be efficient, in terms of time and expense; effective, in terms
of addressing the natural resource and public facility implications of proposed development;
~d equitable, in terms of consistency with established regulations and procedures, and
show respect for the rights of property owners, and the consideration of for the interests of
the citizens of the City.
Section 103: Applicability, Vested Rights
103.1
General Applicability. Unless otherwise permitted as an Exception under
Section 103.2 or allowed to continue as a Nonconfomfing Use under Chapter
12, aH existing, proposed and new development or r_~evelopment and uses of
land in the City of Aventura shall conform strictly to the provisions of these
....,~, ........ LDRs~ no
~,~ .......LDRs. Except as expressly provided in these o~,,1~,:~o
development and use of land shall be undertaken without prior approval and
issuance of a development order pursuant to the provisions of these Land
' LDRs. The fact that a development order, permit or
decision has been issued by an officer or employee with apparent but not actual
ostensible authority over the interpretation or enforcement of these ~,,1~,:~-~
LDRs shall not estop or otherwise prevem the City fi.om strict enforcement of
the provisions of these Rcg'a!at~v,v~LDRs.
103.2 Exceptions, :Vested Rights
103.2.1 The provisions of these
Land Development Regulations
City of Aventura, Florida Po~ge l- l
103.2.2
any amendments hereto, shall not affect development which has been
pre;%u~' approved atter April 1, 1996, but before adoption hereof
and is otherwise exempted in accordance with the provisions of this
subsection, or the nonconformity section of these Rcgu!at~cng. LDRs.
Nothing in this Code shall be construed or applied to abrogate the
vested right of a property owner to complete development where the
property owner demonstrates each of the following:
(1)
A governmental act of development approval was
obta;~ed prior to the effective date of this Code or prior to
the effective date of an amendment to this Code; and
(2)
Upon which the property owner has detrimentally relie&
in good faith, by making substantial expenditures; and
(3)
That it would be highly inequitable to deny the property
owner the right to complete the development.
Except as provided in 103.2.2.2 of this section, any
property owner claiming to have vested rights under this
section must file an applic~'lon with the City Manager for
a vested rights determination within 120 days after the
initial effective date of this Code (as to any claim of vested
rights prior to initial adoption) or within 120 days after an
amendment of this Code (as to any claim of vested rights
arising after the init'ml adoption of this Code and prior to
the amendment). The application shall be accompanied by
a fee of $1,500.00 and contain a swom statement as to the
basis upon which the vested rights are asserted, together
with documentation required by the City and other
documentary evidence supporting the clainL The Cit~
Manager shall review the application and based upon the
evidence submitted shall make a determination within 90
days as to whether the property owner has established
vested rights. The City Manager's decision shall be
subject to appeal, by only the applicant for vested rights
determination, to the City_ Commission by notice of appeal
filed with the City Manager within ten (10) days after the
City Manager's written decision~
103.2.2.2
Any property owner claiming to have vested rights under
this section, by virtue off (i) A court judgment rendered by
a court of competent jurisdiction; (ii) County Vested
Rights Determination; or (iii) State Department of
Community Affairs Vested Rights Determination may
follow the sknplified procedure authorized by this
Land Development Regulations
City of Aventura, Florida Page I-'2
paragraph in lieu of the procedure provided by 103.2.2.1.
The procedure under this paragraph 103.2.2.2, shall be as
follows:
0) The property owner claiming such vested rights shall
file an application with the City Mamger for a vested
rights determination within 120 days atter the effective
date of this Code. The application shall be accompanied
by a fee of $500.00 and contain a sworn statement as to
the basis upon which the vested rights are asserted,
together with documentation of the applicable qualifi/ing
items (i-iii) listed above or required by the City and other
documentary evidence supporting the clainz The City
Mm~er shall review the application, and based upon the
evidence submitted shall make a determination, within 60
days, as to whether the property owner has established
vested rights. Vested rights applications pursuant to the
criteria of this paragraph shall be presumed to exist, upon
submittal of the qualifying items (i-iii) unless clear and
convincing evidence shows that vested rights have been
waived, have expired or are not applicable, in whole or in
part. The City Manager is authorized to enter into a
Vested Rights Determination Agreement describing the
applicable development criteria pursuant to which rights
are vested, so as to clearly gu~e future development. In
the event that vested rights are found to exist to complete
development in accordance with prior governmental
approval, under circumstances in which certain ancillary
components of a proposed development are not vested
the City Manager may administratively grant variances
concerning such ancillary componems, so long as the City
Mm~er finds such variances are compatible with
surrounding uses and structures and necessary to fairly
implement the vested fights.
(ii) The City Manager's decision shall be subject to
appeal, by only the applicant for vested rights
determination, to the City_ Commission by notice of appeal
filed with the City Manager within ten (10) days after the
Cit~ Manager's written decision.
L~nd DeveloFment Regulations
City of Aventura, lVlurid~ P~ge 1-3
103.2.2
of the .......... r .......... ~ ....... DRs shall not
The provisions T ~a
attbct development for which a building permit b~as been issued on or
belbre the effective date of the initial adoption of these LDILs, (unless
issued during the period of zonin, in progress under circumstances
under which compliance with these LDRs was noted as a permit
condition) provided that such building permit was lawfully issued and
remains in full force and effect and the approval has not expired
under section 501.12. Upon completion of such development, each
the development will be subject to the provisions of these LDRs
except as otherwise provided herei~
Section 104: Official Zoning Map
The City of Aventura is divided into zones or districts, as shown on the Official Zoning Map
and described in the LD1Ls. The Zoning Map, together with all explanatory matter thereon
shall be considered a part of the LDRs. The Zoning Map is the offic~ record of zoning
status ofareas within the City. A copy shall he maintained in the Community Development
Department.
104.1
Amendments to the Zoning Map. Amendments to the Official Zoning Map shall
be made in accordance with the procedures and standards of the LDP4_.
104.2
Recording Amendments to the Zoning Map. Within a reasonable period of time
atter any amendment to the Zoning Map, the change shall be posted on the
Zoning Map.
Land Development Regulations
City of Aventura, Florida Page I-4
Chapter 2: DEFINITIONS AND RULES OF CONSTRUCTION
Section 201: Definitions
"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.
"Addition (to an existing Building)" shall mean any walled and roofed expansion to the
perimeter of a Building in which the addition is connected by a common load-bearing wall
other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load-bearing walls shall constitute new construction~
"Adult Use" shall mean any place in which a principal use is the exchange--for
consideration in any form, monetary or otherwise, for profit or not-for-profit--of materials
or exhibitions, including but not limited to, books, magazines, photographs, performances,
videotapes, electronic media, or movies, which have as their dominant theme matters
depicting, descn30ing, demonstrating or relating to completely or to opaquely covered
human genitals or pubic regions, buttocks, or female breasts below a point immediately
above the top of the areola, or human male genitals in a disceml'bly turgid state, even if
completely and opaquely covered, or which have as their dominant theme matters depicting,
describing, demonstrating or relating to human genitals in a state of sexual stimulation or
arousal, acts of human masturbation, sexual intercourse or sodomy, or the fondling or other
erotic touching ofh~ genitals, pubic regions, buttocks or female breasts.
Places which are considered adult uses shall include the location of any organization,
association or establishment, including any public or private emerprise, club, bar, lounge or
nightclub in which a principal use is the exchange--for consideration in any form, monetary
or otherwise, for profit or not-for-profit--of materials or exhibitions, including but not
limited to, books, magazines, photographs, performances, videotapes, electronic media, or
movies, which have as their domin~ant theme matters depicting, describing, demonstrating or
relating to completely or opaquely covered human genitals or pubic regions, buttocks, or
female breasts below a point immediately above the top of the areola, or hmmn male
genitals in a discernibly turgid state, even if completely and opaquely covered, or which
have as their dominant theme matters depicting, describing, demonstrating or relating to
human genitals in a state of sexual stimulation or arousal, acts of human masturbation,
sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts.
"Airport or Heliport" shall mean any area of land, or any mxnmade object or facility
located thereon, which is used, or intended for use, for the landing and takeoffof fixed wing
aircraR or vertical takeoff or landing of aircraft and any appurtenant areas which are used,
or intended for use, for airport buildings or other airport facilities or rights-of-way, together
with all airport buildings and facilities located on that area.
l~and Development Regulations
City of Aventura, Florida Page g- 1
"Alcoholic Beverage" shall mean any distilled spirit, liquor, beer or wine as defined by
Section 561.01 (4), Florida Statutes.
"Alcoholic Beverage Sales C.O.P. Beer and Wine" shall mean the sale of Alcoholic
Beverages, specifically limited to beer and or wine, by an establishment licensed by the
Florida Division of Alcoholic Beverages and Tobacco for consuri~tion on thc premises
(C.O.P.) of the establishment selling the alcoholic beverages.
"Alcoholic Beverage Sales C.O.P. Beer, Wine and Liquor" shall mean the sale of
Alcoholic Beverages, which may include beer, wine and or liquor, by an establishment
licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on
the premises (C.O.P.) o f the establishment selling the Alcoholic Beverages.
"Alcoholic Beverage Sales A.P.S. Beer and Wine" shall mean the sale of Alcoholic
Beverages, specifically limited to beer and or wine, by an establishment licensed by thc
Florida Division of Alcoholic Beverages and Tobacco as an Alcoholic Package Store
(A.P.S.) for consumption off the premises of the establishment selling the Alcoholic
Beverages.
"Alcoholic Beverage Sales A.P.S. Beer, Wine and Liquor" shall mean the sale of
Alcoholic Beverages, which may include beer, wine and or liquor, by an establishment
licensed by the Florida Division of Alcoholic Beverages and Tobacco as an Alcoholic
Package Store (A.P.S.) for consumption off the premises of the establishment selling the
Alcoholic Beverages.
"Alley" shall mean a through public right-of-way less than twenty-five (25) feet in width
which affords only a secondary means ofaecess to abutting property and conm~only located
to the rear or side ora property.
"Antenna" shall mean a transmitting and/or receiving device mounted on a
telecommunications tower, building or structure and used in teleconanunications (personal
wireless) services that radiates or captures electromagnetic waves, digital signals, analog
signals, radio fi'equencies, wireless cotranunications signals and other communications
signals including directional antennas such as panel and microwave dish antennas, and omni-
directional anten~as such as whips, but excluding radar antennas, amateur radio antennas
and satellite earth stations.
"Antenna Dish", "Dish Antenna", "Satellite Dish" sh~ll mean an antenna with a
concave shape used for the reception and/or transmission of radio signals to and fi~m
satellites.
"Antenna Tower" shall mean a structure used to support an antenna at some height
above the ground.
"Application for development approval" shall mean a written request for approval of a
Land Development Regulations
City of Aventura, Florida P&g~ ~-~
proposed use and for ~mnce of a development order, including, but not limited to,
applications for approval of permitted uses, plats, conditional uses, rezonings, site plans and
variances, etc.
"Area of Special Flood Hazard" shall mean that area within a community in the 100 year
flood plair~
"Assisted Living Facility (AL}')" shall mean any facility, licensed by the State of Florida
which undertakes to provide for a period exceeding twenty-four hours, housing,
foodservice, personal services, limited nursing services or limited mental health services to
"Attached Residential" shall mean a Building with a conanon roof that houses mere than
one dwelling unit.
"Attached Commercial" shall mean a Building with a common roof that houses more
than one coii~iercial tenant.
"Attached Residential Lot" shall mean a fee simple ownership lot for the purpose of an
attached dwelling unit. These housing unit product types may include, but are not limited
to, fee simple duplex and townhouse units.
"Attached Residential - Multi-Family" shall mean a group of two or more dwelling
units which are attached by one or more bearing walls. These housing unit product types
include garden apartments, townhouse units and may include other attached units.
"Attached Residential - Minimum Lot Area per Unit" shall mean the minimum
required lot area of any attached residential lot within a development parcel
"Awning" shall mean a rooflike cover that is temporary or portable in nature and that
projects ~om the wall of a Building. The purpose of an awning is to shield a doorway or
window from the elements.
"Bars, Lounges and Nightclubs" shall mean a conm~creial establishment whose primary
business is the sale of alcoholic beverages for consumption on premises and where under
50% of gross receipts are related to food service. Bottle clubs as defined by Florida
Land Development Regulations
City of Aven~ra, Florida Page
Statutes shall also be included.
"Base Flood" shall mean the flood having a one percent (1%) chance of being equaled or
exceeded in any given year.
"Bottle Clubs" see Bars, Lounges and Nightclubs.
"Bufferyard" shall mean an area of landscaping and open space around the perimeter of a
development parcel, or an area adjacent to a parking lot which is used to screen differing
land uses ~om each other. In some instances bufferyards may also be used to satist~
minimum yard requirements.
"Building" shall mean any structure, either temporary or permanent, having a roof, and
used or built for the shelter or enclosure of persons, animals, personal property or property
of any kind. ri'his definition shall include tents, Awnings or vehicles situated on private
property and serving in any way the function ora building.
"Building Code" shall mean the South Florida Building Code, Miami-Dade Coanty
edition, as amended.
"Canal" shall mean a body of water having a width of 100 feet or less for linear areas in
excess of 200 feet in length and used principally for the conveyance of water.
"Canopy" see"Awning".
"Capacity" shall mean the capab'dity of a facility to serve the needs of a user such as the
number of vehicles a road can safely and sufficiently carry.
"Capital Improvements" shall mean the planning of; engineering for, acquisition of land
or equipment, and the construction of hnprovements and facilities with a useful life of at
least three years, but does not include routine maintenance.
"Carport" shah mean a structure intended for vehicle storage not completely enclosed by
walls.
"Child or Adult Care Center" shall mean an enteqprise involving the care of five or more
children and/or senior adults at one and the same time, either by day or night, which children
and/or senior adults are not foster children or related by blood or marriage to the operator.
Adult care centers shall not include those uses meeting the definition of Assisted Living
Facilities or Nursing Home.
"Church" see "Religious Facility"
"City Manager" shall mean the chief executive officer of the City as defined by the City
Code who shall have such duties as are legally prescn'bed.
Land Development Regulations
City of Aventura, Florida I}a~e 2-4
"Commercial Recreation" shall mean a business, or zoning district whose primary
purpose is recreational activities. Commercial recreation provides for major public and
private commercial recreational, civic and cultural facilities which offer recreational
opportunities to residents and tourists. Commercial recreation uses include but are not
limited to sports arenas, racetracks, theme parks, amusement parks and golf courses.
Commercial recreation uses may include movie theaters, bowling centers, health clubs, pool
halls, spas or video arcades if they are accessory uses to the main recreational uses.
"Commercial Use" shall mean any use whose primary purpose is retail sales or
professional offices and services and that is not considered a Heavy Commercial Use.
Commercial uses may include, but not be limited to: financial institutions; medical facilit!.es;
personal services; restaurants; entertainment uses; small appliance repair; printing; studios
and galleries; instmctional businesses; and recreational uses such as movie theaters, bowling
centers, health clubs, pool halls, or video arcades. Uses permitted in this category shall be
consistent with the City of Aventura Comprehensive Plan and implementing regulations.
"Commission" shall mean the City Commission of the City of Aventura.
"Community Development Director" shall be the director of the Community
Development Department as appointed by the City Manager.
"Comprehensive Plan", "Plan" shall mean the City of Aventum's Comprehensive Plan
as adopted by Ordinance No. 98-27 and as may be amended fi.om time to time.
"Conditional use" shall mean uses which may be allowed under certain circumstances in a
particular zoning district after review and approval by the City Commission.
"Condominium" shall mean the form of real estate ownership defined by the Florida
Condominium Act, Chapter 718, Florida Statutes, as amended fi.om time to time.
"Contiguous" shall mean next to, abutting, or touching and having a boundary, or portion
thereof, that is common to both properties.
"Density" or "Gross Density" shall mean the number of residential Dwelling Units or
rooms allocated to the project divided by the total project acreage. See also "Density,
Net".
"Density, Net" shall mean the number of residential Dwelling Units divided by the Net
Parcel Area.
"Detached Residential" shall mean an individual residential dwelling that is not attached
to another dwelling unit.
"Detached Residential - Minimum Lot Area per Unit" shall mean the minimum
Land Development Regulations
City of Aventura, Florida P~ge
required lot area of any detached residential lot within a development parcel.
"Detached Residential - Minimum Lot Area per Unit" shall mean the minimmn
required Lot Area of any Detached Residential lot within a Development Parcel.
"Developer" sh~Jl mean any person, corporation, partnership, other legal entities or a
governmental agency, undertaking any Development as defined in these LDRs.
"Development" shall mean the can-ting out of any ~uilding activity or mining operation,
the making of any material change in the use or appearance of any structure or land, or the
dividing of land into parcels. The following activities or uses shall be taken for the ptu-poses
of these regulations to constitute "development":
(a)
A reconstruction, alteration of or nmterial change in the extent or
appearance of a structure on land.
(b)
A change in the intensity of use of land, such as an increase in the
number of dwelling units in a structure or on land, or an increase in
the number of businesses, manufacturing establishments, or offices.
(c)
Alteration of a shore or bank of a lake, pond, or canal, including any
"coastal construction" as defined in § 161.021, Florida Statutes.
(d)
Commencement of drilling, mining, or excavation on a parcel of land
except to obtain soil samples.
(e)
Demolition of a structure.
(0
Clearing of land as an adjunct of construction.
(g)
Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following operations or uses shall not be construed for the purpose of these
regulations to involve "development":
(a)
Work by a highway or road agency or railroad company for the
maintenance of a road or railroad track, if the work is carded out on
land within the boundaries of the right-of-way.
(b)
Work by any utility and other persons engaged in the distribution or
transmission of gas, water, sewerage, or electricity, for the purpose of
inspecting, repairing, renewing, or constructing within any established
rights-of-way any sewers, mains, pipes, cables, utility tunnels.
powerlines, towers, poles, tracks, or the like.
[,and Development Regulations
City of Aventura, Florida
(c)
Work for the maintenance, renewal, or alteration of any structure, if
the work affects only the interior or the color of the structure or the
decoration of the exterior of the structure.
(d)
The use of any structure or land devoted to dwelling uses for any
purposes customarily incidental to enjoyment of the dwelling.
(e)
A change in the ownership or form of ownership of any parcel or
structure.
(f)
The creation or termination of rights of access, riparian rights,
easernents, covenants concerning development of land, or other rights
inland.
(g)
The use of any land for the purpose of growing plants, crops, trees,
and other agriculture or forestry products; raising livestock; or for
other agricultural purposes.
(h)
A change in use of a structure fi~om a use within a zoning district to
another use in the same zoning district.
"Development" includes all other Development customarily associated with it unless
otherwise specified. When appropriate to the context, "Development" refers to the act of
Development or to the result of development. Reference to any specific operation is not
intended to mean that the operation or activity when part of other operations or activities, is
not development. Reference to particular operations is not intended to limit the generality
of this definition.
""Development Agreement" shall mean an agreement between an individual, parmership,
corporation or other governmental entity and the City for the express purpose of defining
responsibilities, scope of work, costs, payments, credits and any other relevant items relating
to the Development of real property or municipal facilities. A Development Agre~nent
may take the form of any legally valid contract approved by the City Manager, City
Attorney or designee.
"Development Approval", "Development Order" or "Development Permit" shall
mean any building permit, site plan approval, conditional use approval, temporary use
permit, subdivision approval, change of land use district boundary, Plan amendment, or any
other official action to grant, deny or grant with conditions, issued by any official,
Commission, or Board of the City having the effect of permitting development. See also
Section 163.3164, Florida Statutes.
"Development Parcel" shall mean a parcel of land and water used for residential or non-
residential structures, accessory structures, utilities, rights-of-ways, easements, agriculture,
open space and other public or private uses.
lmnd Development Regulations
City of Aventura, Florida Pt[ge 2-7
"Dish Antenna" Sec "Antenna Dish".
"Divided Roadway" shall mean a street where the opposing directional lanes of traffic are
separated by a median or center turn lane.
"Drive-Thru" shall mean a thcility designed to accommodate pickup of food, merchandise
or services by a motor vehicle momentarily at rest in a driveway expressly designed for that
purpose.
"Duplex Unit" shall mean two Dwelling Units connected by a one-hour or greater fire-
resistive wall
"Dwelling Unit(s)" shall mean a house, apartmem, or condominiarn unit, trailer, group of
rooms, or a single mom intended for occupancy as separate riving quarters with direct
access from the outside of the building or through a common hall and with complete kitchen
facilities for the exclusive use of the occupants, including rental units contained in a multi-
unit structure or complex which are licensed by the State Departn~nt of Business
Regulation, Division of Hotels and Restaurants, as "apartments", "rental condominiums"
and "Retirement housing".
"Emergency" shall mean any occurrence, or threat thereof; whether accidental or natural
caused by man, in war or peace, which results or may result in substantial injury or harm to
the population or substantial damage to or loss of pmpegcy or public funds as declared by
the City Manager or designec.
"Engineering Construction Permit" shall mean a permit issued by the City Engineer
prior to the construction of any public improvements on public or private property.
"Excavation' shall mean removal or recovery by any means whatsoever of soil
rocLmincmls, mineral substances or organic substances other than vegetation from water or
land on or beneath the surface therefore or beneath the land surface whether exposed or
submerged.
"Exceptional Hardship" shall mean a burden on a property owner that substantially
differs in kind or magnitude from the burden hlLt'osed on other similarly-situated property
owners in the same land use district as a result of adoption of these LDRs.
"Fire Code" shall mean the South Florida Building Code and other codes adopted by the
City of Aventura for the prevention or control of fires.
"FAA" shall mean the Federal Aviation Administration.
"Fence" shall mean an artificially constructed barrier of any material or combination of
materials erected to enclose, screen, or separate areas.
Land Development Rogulagions
City of Aventura, Florida Page ~-8
"Finished Elevation" shall mean the proposed elevation of the land surface of a site after
completion of all site preparation work.
"Flood" or "Flooding" shall mean a general and temporary condition of partial or
complete inundation of nonmlly dry land areas from the overflow of tidal waters or the
unusual and rapid accumulation ofrunoffof surface waters fi'om any surface.
"Flood Insurance Rate Map" ("FIRM") shall mean the official map on which the
Federal Emergency Managemem Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable.
"Flood Plain" shall have the same meaning as "Area of Special Flood Hazard".
"Fioodproofing" shall mean a combination of structural and/or non-structural additions,
changes, or adjustments to properties or structures subject to flooding which will reduce or
eliminate flood damages to properties, water and sewer facilities, structures, and comems of
buildings.
"Floor Area" shall mean the sum of the gross horizontal areas of each story of the
principal building, measured flom the exterior walls or from the center line of party wails,
including the floor area of accessory uses and of accessory Buildings and structures.
"Floor Area Ratio (FAR)" shall mean the number calculated by dividing the gross Floor
Area of the Building (or Buildings) on a Lot by the Gross Area of that Lot.
"Freestanding Commercial" shall mean a structure used for Comn~rcial uses which
does not share con-anon walls or a roof with another building.
"Front Facade Area" shall mean the area of a structure's or business' fi~om surface area.
The facade area shall include doors and windows. The facade area shall not include
canopies, overhang areas or other architectural embellishments.
"Front Street" at Street corners, or in other situations where a Lot abuts more than one
Street, the Front Street shall be the Street upon which the Lot address is based. If no
address has been assigned, then the side upon which the Lot has the least t?ontage is the
Front Street. In the case of unusual lot configurations, the Front Street shall he as
determined by the Community Developmem Director.
"Functional Integrity" shall mean the completeness and natural stability of an assemblage
of native plants and animals as indicated by measures of continuity, species diversity, species,
interdependence and biomass.
l~nd Development Regulations
City of Aventura, Florida P~ge ~-9
"Future Land Use Map" or "Land Use Plan" shall mean the adopted Future Land Usc
Map of the Land Usc Element of the City of Aventura Comprehensive Plan, as defined in
Rule 9 J-5 of the Florida Administrative Code.
"Golf Coume" shall mean a nine or eighteen hole golf coursc, and driving ranges. Club
facilities such as locker rooms, restaurants and lounges, pro shops, and other
complementary uses are considered part ora golf course.
"Governmental Agency" shall mean:
The United States or any department, commission, agency, or other
The State of Florida or any department, commission, agency, or other
(c)
Any local government or any department, commission, agency, or
other insmmentality thereof; or
(d)
Any school hoard or other special district, authority, or governmental
entity.
"Grade" shall mean the highest natural elevation of the ground surface, prior to
construction, measured from the crown or curb of the nearest road at the center of the
property, whichever is higher.
"Gross Acre" or "Gross Area" shall mean the total area of a Parcel including land and
water.
"Gross Floor Area (GFA)" shall mean the Floor Area inside of the exterior walls
including elevators, stair wells, contain corridors, trash rooms, contain lobbies, common
rest rooms, meter rooms and ancillary power equipment rooms.
"Ground Disturbing Activity" shall mean excavation or removal ofvegetation.
"Hazardous Materials" shall have the same meaning as that found in the South Florida
Building Code.
"Height" shall mean the vertical distance between the Finished Elevation at the eemer of
the front of the building to the highest point of the roof surface, excluding mechanical
equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus
and utility poles. The height of a structure shall he measured to the mean height between
eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding
parapet, of a flat roof and to the deekline of a mansard roof.
lmnd Development Regulations
City of Aventura, Florida Page 9-10
"Home Occupation" shall mean a business or occupation conducted for limited business
activities in a residential district.
"Hospital" shall mean a medical facility which provides for both inpatient and outpatient
treatment and bas overnight acconm~odatious, wherein professional services concerning
personal health of humans are admini~ered by medical doctors, chiropractom, osteopaths,
optometrists, dentists or any other such profession, which may lawfully be practiced in the
State of Florida.
"Hotel" shall mcan a commercial establishment which provides ovemlght sleeping
accorranodations for the public. Principal access to all rental rooms shall be through an
inside lobby or office supervised by a person in charge at alt hours.
"Land" shall mean the earth, at or below the surface, that lies above mean high water for
water bodies.
"Land Use" shall mean:
(a)
the Development that has occurred on land; or
the Development that is proposed on land; or
a use that is permitted or permissible on the land under the Plan, or
element or portion thereot; or LDRs.
"Light Industrial Use" shall mean an industrial use for the manufacture, fabricating,
processing, converting, warehousing, distn'oution, wholesaling, altering and assembling of
products, repairing, packaging or treatment of goods, the nature of which is that it will not
cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, wbration,
or excessive light beyond the boundaries of the lot on which the use is conducted; menace
by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials
including HaTardous Materials; or tmusual traffic baTards or congestion due to type or
amount of vehicles required by or attracted to the use.
"Local Planning Agency (LPA)" hi accordance with Ordinance 96-27 of thc City of
Avemura, the City Commission has been designated as the local planning agency for the
City pursuant to Section 163.3174, Florida Statutes.
"Lot" shall mean a designated parcel, tract, or area of land established by plat,
subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or
built upon. A lot has an assigned number, letter or other name through which it may be
identified.
"Lot of record" shall mean either a lot or contiguous lots which exist, under single
ownership at the time of adoption of this Code, and which are part of a subdivision, the plat
Land Development Regulations
City of Aventura, Florida Page g-Il
of which has been recorded in the Public Records of Miami-Dade County; or any parcel of
land not part of a subdivision, that has been officially recorded by deed in the Public
Records of Miami~Dade County; provided that the deed for the lot or parcel was recorded
prior to the effective date of zoning in the arm where the lot is located.
"Lowest Floor" shall mean the lowest enclosed area (including basement) of a structure.
An unfirfished or flood resistant enclosure, used solely for parking of vehicles (such as a
garage or carport), building access, or storage in any area other than a basement area, is not
considered the building's lowest floor.
"Master Zoning Plan" shall mean a Master Zoning Plan submitted and approved
according to the requirements of this Code.
"Mean Sea Level" shall mean the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the flood plai~ The purposes
of these regulations, the term is synonymous with National Geodetic Vertical Datum
(NGVD).
"Motel" shall mean a Commercial establishment which provides overnight sleeping
acconm~dations for the public. Principal access to all rental rooms shall he fi.om the
outside and parking spaces shall be oriented in such a manner so as to facilitate direct access
fi.om such units to the automobiles of the renters.
"Municipal Facilities" shall mean facilities provided by the City to serve the residents of
the City. These facilities may include police and fire department stations; municipal utilities
including but not limited to water and wastewater plants, pumping facilities, and disposal
facilities; municipal offices; city parks; civic and cultural buildings or any other uses which
the City Commission finds serve the residems of the City.
"Net Acre or Net Parcel Area" shall mean the total area of a Development Parcel less
water bodies, jurisdictional wetlands, rights-of-way, and land dedicated or reserved for
public parks (excluding tot lots and private recreation areas).
"Net Density" see "Density, Net".
"Net Floor Area (NFA)" shall mean the floor area inside of the exterior walls excluding
elevators, stair wells, conmxon corridors, trash rooms, common lobbies, conaTton rest
rooms, meter rooms, ancillary power equipment rooms, and all rooms with ceilings less than
six (6) feet higl~
"New Construction" shall mean the commencement of construction on or at~er the
effective date of these LDRs.
"Nonconforming lot of record" shall mean a Lot of Record which does not meet the area
or width requirements of these regulations for the zoning district in which it is located.
Land Development Regulations
City of Aventura, Florida P~go ~-1~
"Nonconforming stracture" shall mean a structure lawfully established prior to and
existing on the effective date of these regulations, or any amendment hereto which renders
the structure nonconforming, which no longer conforms to the requirements of these
regulations for the zoning district in which it is located.
"Nonconforming use" shall mean a use lawfully established prior to and being conducted
on the effective date of these regulations~ or any amendment hereto which renders the use
nonconforming, which no longer conforms to the requirements of these regulations for the
zoning district in which it is located.
"Nursery School" shall mean any structure, lot or premise maintained or operated for the
training and/or care (other than medical care) of pre-school age children.
"Nursing Home" or "Home for the Aged" shall mean any facility, licensed by the State
of Florida, which undertakes to provide for a period exceeding twenty-four hours, nursing
care, personal care or custodial care to unrelated persons, who by reason of illness, physical
infirmity or advanced age require such services but does not include any place providing
care and treatment primarily for the acutely iH.
"Office" shall mean a use where the clerical, administrative, financial or consulting aspects
ofbnsiness, professional, medical or governmental services are conducted. Office uses shall
include, but not he limited to; financial institutions, insurance offices, medical offices, or
business consulting services. Office shall not include the retail sale of merchandise,
industrial uses or recreational uses.
"Officer or Official" shall mean an officer or official of the City of Avenmrm
"Office Park" shall nmm a zoning district and land use district whose prirna~ purpose is
to permit planned office complexes in a campus-like atmosphere with substantial buildings
and ample open space.
"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, bufferyards,
conunon landscaped areas. 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 mas), or areas covered with buildings,
parking areas, driveways and other paved areas.
"Outdoor Lighting" shall mean any light source that is installed or mounted outside of an
enclosed building, excluding street lights within a right-of-way.
lmnd Development Regulations
City of Aventura, Florida Page 2-13
"Owner" shall mean any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety with legal or beneficial title in whole or in part of a
building or land.
"Parcel" shall mean a Contiguous Lot or tract of land owned and recorded as the property
of the same person or persons or controlled by a single entity.
"Permeable Area", "Pervious Area" shall mean any portion of the ground unobstructed
by a surface which prevents the natural seepage of water imo the ground.
"Person" shall mean an individual, corporation, goveLi~i~tal agency, business trust,
estate, trust, partnership, association, two or more persons having a joint or corcanon
interest, or any other legal emity.
"Plan" - See Comprehensive Plan.
"Platted Lot" shall mean a lot which is identified on a recorded plat.
"Plot" see "Lot".
"Principal Braiding' ' " shall mean a building. .which is occupied by, and devoted to, a
principal use or an addition to an existing pnncipal building which ~s larger than the original
existing building. In determining whether a building is of primm3, importance, the use of the
entire Parcel shall be considered. There may be more than one principal Building on a
Parcel.
"Pub" see "Restaurant".
"Public Buildings and Uses" shall mean office and service buildings, uses, or facilities
owned or operated by a governmental agency.
"Public utility" shall mean any publicly owned, franchised or regulated facility for
rendering electrical, gas, communications, transportation, water supply, sewage disposal,
drainage, garbage or refuse disposal and fire protection to the general publi.
"Recreational Vehicle" shall mean a vehicle or portable structure built on a chassis,
without permanent foundation, which can be towed, hauled or driven and primarily
designed as temporary living accommodation for travel, recreation, or vacation use,
including but not limited to, travel trailers, truck c~, camping trailers, and motor
hon~s.
"Rehabilitation Centers" shall mean any facility for the treatment and rehabilitation of
drug dependents as defined in Chapter 397, Horida Statutes.
l~and Development Regulations
City of Aventura, Florida Page 2-14
"Religious Facility" shall mean any church, synagogue, denominational or ecclesiastical
organization having an established place for worship in the City at which nonprofit religions
services and activities are regularly conducted.
"Residence or Residential Use" shall mean used or intended for use exclusively for
dwelling purposes, including apartment hotels, as applied to any Lot, plat, Plot, Parcel,
tract, area or Building, but not including hotel rooms.
"Restaurant" shall mean a Commercial establishment where food and beverages are
primarily ordered from individual menns, served at tables, and consumed on premises.
"Retail" shall mean establishments engaged in selling goods or merchandise directly to the
ultimate consumer for personal or household consumption and rendering services incidental
to the sale of such goods. Establishments primarily engaged in providing semices as
opposed to products to individuals shall also be considered a retail use.
"Right-of-Way" shall mean all land dedicated for public transportation, whether public or
private.
"Road Capacity" shall mean the maximum number of vehicles which can pass over a
given section of a roadway, during a given time period under prevailing traffic conditions as
defined in the current version of the Highway Capacity Manual.
"Sale" shall mean the exchange of a good, service, product or other item for
consideration, regardless of the form that consideration takes.
"Satellite Dish" - See Antenna Dish.
"Schools" shall mean an institution for instruction and learning wbethcr public or private;
including pre-sehools, grade schools, middle schools, high school, colleges and universities
however not including private schools of professional training or day care centers.
"Setback" shall have the same raeaning as Yard.
"Sidewalk" shall mean a concrete pedestrian path no less than 4 feet in width which hms
parallel to and within a right-of-way; or connects two or more non-residential parcels; or
connects a parking area to the entrance of a building.
"Single Family" sb~tll mean a one family detached dwelling utilized for individually owned
one family homes.
"Small scale development" shall have the same meaning given in Chapter
163.3187( 1 )(c) 1 ~ se~., Florida Statutes.
Land Development Regulations
City of Aventura, Florida Poge 'g-15
"Street or Road, Arterial" shall mean a route providing service, which is relatively
continuous, and of relatively high mtflic volume, long average trip length, high operating
speed, and high mobility importance. Arterial roads shall generally be those roads which
provide access ~om collector roads, non-residential driveways or limited access highways.
A street having that meaning given in Section 334.03 (15), Florida Statutes, as lmy be
amended from time to time. Also any street designated as a State Principal Arterial, State
Minor Arterial or Minor Arterial according to the Tmm~rtation Element of the
Comprehensive Plan~
"Street or Road, Collector" shall mean a route providing service which is of relatively
moderate average traffic volume, moderate average trip length and moderate average
operating speed. Such a route also collects and distributes traffic between local roads or
arterial roads and serves as a linkage between land access and mobility needs. Also any
street designated as an Urban Collector or Local Urban Collector in the Tram~rtation
Element of the Comprehensive Plan~
"Street or Road, Local" shall mean a road designated and maintained primarily to provide
access to abutting residential property. A Local Street or Road is of limited continuity and
is not intended for through tmff~. A Local Street or Road is not a Major Street or Road.
"Street or Road, Major" shall mean any street or road with a right-of-way greater than
or equal to sixty (60) feet. Also any street designated as a State Principal Arterial, State
Minor Arterial, Minor Arterial, Urban Collector, Local Urban Collector, or any future
roadway indicated as having more than two (2) lanes by the Year 2015 according to the
Tmmgx>rtation Element of the Comprehensive Plar~ See also Arterial Street or Road and
Collector Street or Road.
"Street or Road, Minor" shall mean any Street or Road with a right-of-way less
than sixty (60) feet. See also Local Street or Road.
"Street or Road, Private" shall mean a Street that has not been accepted by the
City, Miami-Dade County or the State of Florida for public fight-of-way purposes.
"Street or Road, Public" shall mean a Street tla~t has been accepted by the City, Mlami-
Dade County or the State of Florida for public right-of-way purposes.
"Structure" shall mean anything constructed, installed, or portable, the use of which
requires a location on a Parcel of land. It includes fixed or movable buildings which can be
used for housing, business, Conm~rclal, storage, agricultural, or office purposes, either
temporarily or permanently. Structure also includes roads, driveways, walkways, paths,
fences, patios, decks, swimming pools, tennis courts, poles, pipelines, transmission lines,
Cracks, signs, cisterns, sheds, docks, and other accessory construction.
"Subdivision" shall mean the division of property into two (2) or more Lots, Parcels,
tracts, blocks, sites, units or any other division of land, or if the establichment of new Streets
Land Development Regulations
City of Aventura, Florida Page '2-16
and Alleys is involved, any division of such Parcel. The term includes resubdivisions and,
when appropriate to the text, relates to the process of subdividing or to the lands or areas
subdivided.
"Substantial Improvement" shall mean any repair, reconstruction or improvement of a
structure conducted within any 12 month period, the cost of which eqnalR or exceeds fifty
percem (50%) of the predestmction recomon value of the structure, as determined by
the Property Appraiser of Miami-Dade County, either (1) before the impmvemem or repair
is started, or (2), ifthe structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substamial improvement is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the
building conanences, whether or not that alteration affects the external dimension of the
structure. The term does not, however, include either (1) any project for improvement of a
structure to comply with ex/sting state or local health, sanitary or safety code specifications
which are necessary solely to assure safe living conditions, or (2) any alteration of a
structure listed on the National Register of Historic Places, the State Inventory of Historic
Places, or any inventory of local historic places.
"Telecommunication Facilities" shall mean any facility that is used to provide one or
more teleconnnunications services, including, without limitation, radio transmitting
telecommunications towers, other supporting structures, and associated facilities used to
tmnm~ telecommunications signals, An open video system is not a telecon~ttmications
facility to the extent that it provides only video services; a cable system is not a
teleconannoicafions facility to the extent that it provides only cable service. Also, any
anteana or broadcast equipment located outdoors which is used for teleconanunications and
not otherwise defined as a Dish Antenna.
"Temporary Uses" shall mean uses that are required in the construction phase of
development or are uniquely temporary or seasonal in nature, including: Christmas tree
sales, contractors' model homes, contractors' project offices, project sales offices, seasonal
sales of farm produce, carnivals and tent meetings or events.
"Total Floor Area" see "Gross Floor Area".
"Townhouse" shall mean more than two (2) attached dwelling units that are constructed
adjacent to each other and not one on top of another. These dwelling unit types may
include tri-plex and four-plex stmetures.
"Trafficways Plan" shall mean the Dade County Trafficways Plan or any subsequently
adopted Major and Collector Street Plan of the City of Aventura.
"Tree Survey" shall mean a document meeting the requirements of21-HH F.A.C., which
can he overlaid directly upon a site plan and must provide, at a minimum, the following
information:
Land Development Regulationa
City of Aventura, Florida P~ge 2-17
the location plotted by accurate techniques, in relation to all proposed
development, of all existing non-nuisance trees which are proposed to
be destroyed, relocated, impacted, or preserved;
(2)
the common and scientific names of each tree; and
(3)
the DBH of each tree, or ifa multiple trunk tree, the sum DBH for all
trunks.
"Trip" shall mean a one-way movement of vehicular travel fi.om an origin (one trip end) to
a destination (the other trip end). For the purposes of these provisions, trip shall have the
meaning which it has in commonly accepted traffic engineering practice and which is
substantially the same as that definition in the ITE Trip Generation Manual, current edition.
"Trip Generation" shall mean the total number of vehicle trip ends produced by a specific
land use or activity.
"Useable Open Space" shall mean coiranon land areas, either landscaped or developed as
active recreational, but not located within or on top of a residemial structure.
"Variance" shall mean a gram of relief from the requirements of these regulations which
permits construction in a nmnner o~ prohibited by these regulations where specific
enforcement would result in unnecessary hardship.
"Vehicular Use Area" shall mean areas on a parcel of land used for traffic circulation and
parking which include, but are not limited to, driveways, parking spaces and access .a~les,
stacking areas and by-pass lanes for drive-thru windows, or outdoor retail sales and display
areas for new or used cars, tracks, boats or recreational vehicles.
"Warehouse" shall mean a business or Building used primarily for storage and distribution
of goods and materials by manufactures, wholesalers, and distributors.
"Warehouse - Self Storage" shall mean a business or building used primarily for storage
of materials and personal goods by businesses and persons. A warehouse - self storage
building is leased in small increments to businesses and persons which do not conduct any
business activity fi.om the leased area and do not require an occupational license pursuant to
the City Code.
"Wetland" shall mean that land which is subject to Section 373.019, Florida Statutes.
"Wetland Mitigation" shall mean compensation for, or replacement of; lost or impacted
wetland areas and functional values by the creation of new wetland areas or by the
enhancement or preservation of existing wetland areas.
Land Development Regulations
City of Aventura, Florida P~ge ~- 18
"Wetland Mitigation Bank" means an area designated and licensed for the purpose of
providing corrq~ensation for wetland impacts, and includes a resource analysis, credit
assignment system and long term maintenance plan that assures persistence of the mitigation
bank and the wetland functional values.
"Yard" shall mean an open area between a Structure and a Parcel Lot or Street
easement/fight-of-way line which is within a Parcel boundary; or that area within a Parcel
between a Building and another Building. This area shall be unoccupied and unobstructed
from the ground upward, except for permitted encroachments otherwise allowed in these
LDRs. In measuring a Required yard, the horizontal distance from the further-most
projection of the main Building shall be used.
"Yard, front" shall mean a Yard extending across the full width of the Plot between the
front Plot line and the required set back tine. Every Required Front Yard shall be measured
at the closest point between the Lot or Parcel line and the structure. See also Front Street.
"Yard, rear" shall mean a Yard extending across the full width of the Plot between the
rear Plot line and the required set back line. Every Required Rear Yard shall be measured at
the closest point between the Lot or Parcel line and the structure.
"Yard, Required" shall mean a front, side or rear Yard, in which no Structure shall be
erected except as permitted by these LDRs. Required Yards for a Building shall not overlap
the Required Yards of another Building.
"Yard, side" shall mean a Yard extending from the front Yard to the rear Yard, between
the side plat line and the required set back line. Every required side yard shall be measured
at the closest point between the Lot or Parcel line and the structure.
"Zoning Parcel" shall mean a Parcel of land zoned for a specific zoning district by
adoption of the Official Zoning Map or a Parcel of land rezoned by ordinance.
Section 202: Rules ofconstruction
In the interpretation of the language of these LDRs, the rules set om in this section shall he
observed unless such constmction would be ~consistem with the manifest intent of the City
Commission~
202.1
Generally. Terms used in these regulations, unless othenvise specifically
provided, shall have the conanonly understood meanings, per definition
contained within the Plan, or the meaning reasonably ascnl~ed to them by the
City Commission.
In the interpretation and application of any provision of these regulations, the
provision shall be held to be the minimum requirement adopted for the
promotion of the public health, safety, comfort, convenience and general welfare.
[~and Development Regulations
City of Aventnra, Florida Page '&19
202.2
202.3
202.4
202.5
202.6
202.7
202.8
202.9
202.10
202.11
202.12
Where any provision of these LDRs imposes greater resm'ctions upon the
subject matter than a general provision imposed by another provision of these
regulations or other City ordinance, the provision imposing the greater
restriction or regulation shall be deemed to be controlling.
Computation of Time. The time within which an act is to be performed and
completed shall be computed by excluding the first and including the last day; it'
the last day is a Saturday, Sunday or legal holiday recognized by the City, that
day shall be excluded.
Administrative Delegation of Authority. Whenever a provision of these LDRs
requires any City officer or employee to do some act or perform some duty,
these Land Development Regulations shall be construed to authorize delegation
to professional-level subordinates to perform the required act or duty unless the
terms of the provision or section specify otherwise. Following any
reorganization of the stmcture or duties of existing departments, authority shall
be delegated to the appropriate successor department or division.
Gender. Words importing the masculine gender shall be construed to include the
feminine and neuter.
Non-Technical and Technical Words. Words and phrases shall be construed
according to the corvanon and approved usage of the language. Technical words
and phrases and such others as may have acquired a particular and appropriate
meaning in law shall be construed and understood according to such meaning.
Number. A word hl~x)rting the singular nmnber may extend and be applied to
several persons or things as well as to one person or thing. The use of the plural
number shall be deemed to include any single person or thing.
Shall, May. The word "shall" is mandatory; "may" is permissive.
Tense. Words used in the past or present tense include the future as well as the
past or present.
Written or In Writing. The term "written" or "in writing" shall be construed to
include any represemation of words, letters or figures, whether by printing or
otherwise.
Year. The word "year" shall mean a calendar year, unless otherwise indicated.
Day. The word "day" shall inean a calendar day, unless othetwvise indicated.
Boundaries. Interpretations regarding boundaries of zoning districts shown on
the Official Zoning Map shall be made in accordance with the following:
Land Development Regulations
City of Aventura, Florida Pa~e 2-~0
(a)
(b)
(c)
(a)
(e)
(0
Center Lines as Boundaries. Where district boundaries appear to
follow center lines of streets, alleys, easements, railroads and the like,
they shall be construed as following such center lines.
Property_ Lines and the Like as Boundaries. Where district
boundaries appear to follow street edge, lot, property or similar lines.
they shall be construed as following such lines.
Boundaries In or Adjacent to Bodies of Water.
O)
Where district boundaries appear to follow shorelines
center lines of bodies of water, they shall be construed as
following such shore lines or center lines. In case of
change in shore lines or course or extent of water, the
boundaries shall be construed as moving with the change.
(2)
Boundaries indicated as entering any body of water, but
not continuing to intersection with other zoning
boundaries or with the limits of jurisdiction of the City
shall be construed as extending in the direction in which
they enter the body of water to intersect with other zoning
boundaries or with the limits ofjurisdiction.
Boundaries Indicated as Parallel to or Extensions of Features Listed.
Where district boundaries are indicated as parallel to or extension of
features listed above, they shall be so construed.
Dimensions. Where dimensions are not otherwise indicated on or by
the Official Zoning Map, the scale of the map sb~all goverr[
Variation of Actual Location fi:om Mapped Location~ Where
physical or cultural features existing on the ground are at variance
with those shown on or by the Official Zoning Map, the actual
location shall govern.
Land Development Regulations
City of Aventura, Florida
Chapter 3: DECISION-MAKING AND ADMINISTRATIVE BODIES
Section 301: City Commission
301.1
Powers and Duties. In addition to any authority granted to the City Commission
by state law, the Charter of the City of Aventura, or the Code of Ordinances of
the City of Aventura, the City Commission shall have the powers and duties
listed herein in regard to the LDP-4_. The City Commission's authority shall
include but not be limited to approval approval with conditions, or modifications
or denial The City Commission is designated as the Land Planning Agency for
the City.
(a)
To act as the Local Planning Agency under Section 163.3174, Fla~
Stat.
(b)
To adopt and amend the Official Zoning Map in accordance with the
procedures outlined herein.
(c)
To adopt amendments to the text of the
(d)
To review applications for conditional uses.
(e)
To review applications for certain temporary uses.
(1)
To review variances from the development standards of these
regulations.
(g)
To hear and determine appeals fi.om Levels of Service Compliance in
accordance with the procedures of this Code.
To review final plats prior to recording in accordance with the
procedures outlined herein.
0)
To hear and decide appeals when it is alleged that there is an error in
any order, requirement, decision, determination made by any
administrative official acting pursuant to the LDRs, except where
State or City regulations or h~'~ these LDRg_ specifically provide
otherwise.
0)
To review applications for development approval for Developmems
o£Regional Impact (DRI) and to issue development orders.
To enter into deve?,¢mcnt Development agn~mentsAgreements.
(1)
To review plat revisions.
Land Development Regulations
City of Aventura, Florida Page 3-I
Section 302: Development Review Process
302.1
Creation and Purpose. The City Manager is hereby authorized to establish a
development review process and to review and render recommendations on
applications for development, conditional uses, temporary uses, variances, plats,
~Development a~eemc:.t: Agreements, vested fights determinations
and site plans.
Land Development Regulations
CityofAventura, Florida Page 3-2
Chapter 4: COMPREHENSIVE PLAN
Section 401: Purpose
The City of Aventura Comprehensive Plan was adopted pursuant to the requiremems and
authority of Part II, Chapter 163, F!a. Florida Statutes S'n~t. (the "Local Government
Comprehensive Planning and Land Development Regulation Act") and Rule 9J-5 and 9J-11
of the Florida Administrative Code. The purposes of the Plan are defined in Chapter 163,
Fla. Stat., and the Plan.
Section 402: Legal Status of the Plan
No development order shall be issued under the provisions of these ~ r,~..~ .... ·
,,~0 ....... DRs unless consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Section 403: Amendments
The Comprehensive Plan may be amended in accordance with this section and the notice
and hearing procedures as set forth in the LDR and applicable Florida Statutes.
Corrections, updates, or modifications of current regulations which were set out as part of
the Plan shall not, for the purposes of this section, be deemed to be Plan amendmems.
403.1
Who May File. Any person, board, agency or their authorized representative
affected by the City's Comprehensive Plan may apply to amend the Plan, except
as provided herein. An application to amend the Land Use Plan Map may only
be filed by the City Administration, City Commission or an owner of property
subject to the amendment.
403.2
Application Req '~nts. Applications shall be made on a form specified by
the Conanunity Development Department Director and shall be accepted during
the filing periods established. The applicant shall submit all information required
to adequately address the filing requirements adopted by the Department of
Community Affairs and if applicable, the requirements of Miami-Dade County.
In addition, the applicant shall submit all other information determined by the
Community Development Director to be necessary to address the comprehensive
planning criteria of the City. A fee covering the costs of processing an
application for a Plan amendment shall he established from time to time by
resolution and shall be submitted with the application.
403.3
Limitations on Number of Amendments. The City Administration shall establish
a schedule for the acceptance of applications for amendments to the
Comprehensive Plan. The limitations of C-hapte~Section 163.3187 ~ ~., as
amended, Florida Statutes, as amended regarding the number and type of
amendments which may be filed shall he complied with.
Land Development Regulations
City of Aventura, Florida Page 4-1
403.4
403.5
403.6
403.7
403.8
403.9
403.10
Notice of Public Hearings. Public hearings shall be held in compliance with
· ~,,,~.Florida Statutes, as amended~ and the
Chapter Section 163.3184(15), FI~ e,~, .
provisions of this Code.
Amendment Procedure. The procedure for amendment of the Plan shall be by
ordinance, in accordance with Sections C-haptees 163.3184 and 163.3187,
Florida Statutes FI~ St. as amended.
Local Planning Agency Public Hearing. The City Commission, sitting as the
Local Planning Agency (LPA), shall hold at least one advertised public hearing
on a proposed Plan amendment to review the amendment and provide
recommendations. The meeting shall be noticed in compliance with the notice i
requirements of this Sczt~zn Chapter.
City_ Commission Public Heatings. The City Commission shall hold at least two
advertised public hearings on a proposed Plan amendment in compliance with
Sections C-haptem 163.3184 and 163.3187 Florida Statues F.S., as amended.
The meeting shall be noticed in compliance with the notice requirements of this
Igeetio~ Chapter.
Transmittal of Proposed Amendmem. Following the first public heating on a
proposed Plan amendment, the City, if appropriate, shall transmit the required
number of copies of the proposed Plan amendment to the required state and
linty ' ~+ to +~
co review agencies. If ,k ..... ,~----, ..... , .... an ..........
Adoption of Proposed Amendment. Upon receipt of the corranents from the
Department of Community Affairs, the City Commission shall adopt, adopt with
changes or deny the proposed amendment in accordance with the provisions of
C-hapte~Section 163.3184(7), Florida Statutes, as amended.
Approval of Amendment. Upon approval of a proposed amendment, the City
Manager is authorized to make such amendment to the plato
Land Development Regulations
Cily of Aventura, Florida Page 4-2
Chapter 5: DEVELOPMENT REVIEW PROCEDURES
Section 501: Procedures of GeneralApplicability
501.1
Who May File. An application for approval of a Development Permit may be
filed only by the owner of the land affected by the Development Permit or an
agent of the owner specifically authorized by the ovmer to file such an
application. In the case of an amendment to the Comprehensive Plan or Official
Zoning Map, an application may be filed by the property owner or the City of
Aventura.
501.2
Application Requirements. Every application for a Development Permit shall he
in a form specified by the Community Development Department and shall be
accompanied by a fee, as established from time to time by the City, to defray the
costs of processing and reviewing the application and thc required notice. The
application shall be prepared in the appropriate number of copies, accompanied
by such plans, data, or documents specified by the application form or by the
Community Development Director.
501.3
Preapplication Conference. The Conanunity Development Director shall, upon
request of the applicant, schedule and hold preapplication conferences for the
purpose of reviewing the proposed development prior to the formal submission
of an application for development approval. Formal application or filing of an
application and plans with the Colranunity Development Department is not
required for the preapplication conference. Failure of staff to idemify any
requirements at a preapplication conference shah not constitute waiver of the
requirement by the decision-making body.
501.4
Filing of Applications. The Cmmnanity Development Director shall establish
application filing deadlines and a review schedule for all applications. All
applications for a Development Permit filed with the Community Development
Department shall be reviewed to determine whether the application is complete.
If an application is incomplete the Community Developmem Depamnent shall
notify the applicant in writing of the deficiencies. An application for
development approval may not be scheduled for public hearing until all required
information has been submitted and the required review agencies have completed
their review.
501.5
Public Hearing and Notices Procedures. All public beating and notice
requirements shall be provided in accordance with the prov~ions of Florida
Statutes, C-hapte~Section 163.3184(15) for a change to the City's adopted
Future Land Use ~' .....
Map, C,~w~l Section 166.041 for adoption of ordinances and
resolutions, and the City's quasi - judicial legislation as may be amended. When
an application for a district boundary change, changes in zoning regulations,
appeals of administrative decisions, conditional or temporary uses and variances
is filed, it shall promptly be set for public hearing before the City Commission.
Land Development Regulations
City of Aventura, Florida Page 5-1
501.6
501.7
501.8
501.9
501.10
Written recommendatio~ of the City Manager or his designee shall be
developed and such recommendations_ shall become a part of the hearing file and
record, and open for public inspection. Notice of the time and place of the public
hearing describing the nature of the application and street address of the property
shall be published in a newspaper of general circulation in the City not less then
ten days prior to the public hearing. A courtesy notice containing substantially
the same information set forth in the published notice may be mailed to the
property owners of record located within a radius of 300 feet of the property
described in the application or such greater distance as the City Manager may
prescribe; provided, however, that failure to mail or receive such courtesy notice
shall not affect action or proceedings taken under this section~ The property shall
be posted no later than ten days prior to the heating in a manner conspicuous to
the public, by a sign or signs containing information concerning the application
including but not limited to the applied for zoning action and the time and place
of the public hearing. All costs of advertising, mailing and posting shall be home
by the applicant.
Rescheduled Meeting Dates. Public hearings for applications may be deferred or
cominued by the City Commission to a meeting date certaim The City
Commission may waive further notice except as provided for by Chapter 166,
Florida Statutes.
Examination and Co,vine of Avplication and Other Documems. At any time
during normal business hours of the City, upon reasonable request, any person
may examine an application for developmem approval and materials submitted in
support of or in opposition thereto. Copies of such materials shall be made
available upon Iz_repayment of the appropriate fee and within a reasonable time.
Resubmission of Applications After Denial. An application for development
approval may not be resubmitted for reconsideration to the City Commission for
a period of one year after the date on which an application for the same
development approval has been denied by City Commissiom
Reliance on Information Presented by Applicant. The Cit~ and its departments,
boards and agencies shall have the right to rely on the accuracy of statements,
documents and all other information presented to them by the applicant or his
agent, in review of an application for development approval issued.
Restriction Upon Variance and Other Development Applications. Under those
circumstances in which work has been done or a use has been established or
conducted without obtaining the necessary building permit or development
order, no application for a variance, conditional use, temporary use, new use or
site plan approval (the "Approval") related to such work or to such use may be
considered by the City Commission, unless the zoning violation which resulted
from the conduct of such work or the establishment or conduct of such use, is
first abated and removed, so as to remedy the violation of the City's zor2ng
ordinaneesLDRs. Abatement and removal is required prior to the application
Land Development Regulations
City of Aventura, Florida Page 5-2
being heard by the City Commission. pu:-gua~ to thc C~' Code.
Under those circmnstances in which a permit or development order was issued
for the conduct of work or the establishment or conduct of a use, but which
nevertheless gives rise to the necessity for an approval application because of
non-compliance with permit or development order conditions or otherwise, m
Approval application shall be heard by the City Commission ~
Gode;-, unless the applicant has first posted with the City a satisfactory surety or
cash bond. The bond shall be in a form approved by the City Attorney, in an
amotmt of penal sum approved by the City Manager, and shall provide for
removal of the structure, facility or the cessation of the use which gave rise to the
zoning violation necessitating the Approval application, upon denial of the
application~
501.11
Quasi -Judicial Proceedings. The following applications are quasi - judicial and
shail comply with the City's quasi - judicial legislation:
1. Site specific rezoning.
~-.2. Conditional Use applications.
5:-.3. Variances, including, but not limited to: trees, signs, setback,
distance requirements between buildings or other variances
permitted by this Code.
6. d. Development of Regionallmpact.
%-.5. Any other development approval deemed to he quasi -
judicial by the C,ity Attorney.
501.12
Time Limit. Within one year after the Commission takes affirmative action
approving an application for a variance, conditional use, other quasi-
judicial zoning approval (other than a rezonlng) or site plan approval (the
"Approval"), the Approval must he utilized in accordance with its terms.
In the event that the Approval is not timely utilized, the Approval by the
Commission shall automatically expire and shall be considered void and of
no effect. When taking affirmative action to approve an application, the
Commission may extend the time limitations set forth above, by specifically
mahoriTJng a longer period of time for utilization of the Approval.
Additionally, the Commission may grant a time extension for utilization of
the Approval upon a showing of good cause in an application for extension
of time filed prior to the expiration of the initial time period. An Approval
shall be deemed to have been utilized if the use pursuant thereto shall have
been established, or ifa building permit has been issued, acted upon and the
development to which such Approval is an integral part is progressively
and continuously carried to conclusion.
501.13
Prior Approvals. All Approvals which have been granted prior to the
effective date of this section, shall be null and void and of no further force
Land Development Regulations
City of Aventura, Florida Page 5-3
or effect if not utilized within one year after the effective date of this
Section, unless vested rights are demonstrated pursuant to section 103.2.2.
The foregoing provision of this paragraph shall not apply if the
governmental resolution granting the Approval expressly established a
specific time limitation for ufilizine the Approval. In such instances, the
time limitation established by such resolution shall prevail.
Land Development Regulations
City of Aventura, Florida Page $-4
Section 502: Permitted Uses
502.1
Purpose. Permitted uses are considered to be fundamentally appropriate within
~he district in which they are located and are deemed to be consistent with the
Comprehensive Plan. These uses are permitted as of right, subject to the
required permits and procedures described in this Section. Permitted Uses
require final site plan review and approval for compliance with the standards
applicable to a particular Permitted Use as provided in ur~ ~ ...........
d ..... t~ ............. these LDP, s
502.2
Permits Required. Except as explicitly provided herein, no use designated as a
Permitted Use in this code shall be established until after the person proposing
such use has applied for and received all required development permits which
may include; final plat approval, site plan approval, a building permit and a
certificate of occupancy, all pursuant to the requirements of these
LDRs.
Land Development Regulations
City of Aventura, Florida Page 5-5
Section 503: Conditional Uses
503.1
Purpose. Conditional uses are generally compat~le with the other land uses
permitted in a zoning district but, because of their unique characteristics or
potential impacts on the surrounding neighborhood and the City as a whole,
require individual review as to their location, design, configuration, and/or
operation and of the public need for the particular use at the particular location
proposed, as well as the imposition of individualized conditions in order to
ensure that the use is compatible with the surrounding neighborhoods and
appropriate at a particular location~
503.2
Application Requirements. No use designated as a conditional use shall be
established until after such use has received approval under the provisions of this
Section and has received all other permits required by these LDRs. An
application for Conditional Use approval shall be filed with the Community
Development Department on forms provided. The application shall include:
(a)
A preliminary site plan, meeting the technical requirements for a final
site plan.
An application fee, as may he established fi:om time to time by the
City Commission.
(c)
A written and graphic summary of the proposed project.
(d)
Ownership affidavit and Owner's Sworn to Consent, if applicable.
(e)
Current certified survey.
503.3
General Standards of Review. In addition to the standards set forth in these
LDRs for the particular use, all proposed conditional uses shall meet each of the
following standards:
(a)
The proposed use shall be consistent with the Comprehensive Plan;
(b)
The establishment, maintenance or operation of the proposed use
shall not he detrimental to or endanger the public health, safety,
cc.~£o~, or general welfare;
(c)
The proposed use shall be consistent with the community character of
the immediate neighborhood of the proposed use;
(d)
Utilities, roadway capacity, drainage, and other necessary public
facilities, including police, fire and emergency services, shall exist at
the City's adopted levels of service, or will be available concurrent
with demand as provided for in the requirements of theses LDRs;
Land Development Regulations
City of Aventura, Florida Page 5-6
503.4
(e)
Adequate measures exist or shall be taken to provide ingress and
egress to the proposed use in a manner that minimizes traffic
congestion in the public streets;
(f)
The establishmem of the conditional use shall not impede the
development,~..,"-~ ,,,,v,,-: ........ ,.~..~..,* of surrounding properties for uses
permitted in the zoning district: and
(g)
The design of the proposed use shall minimize adverse effects
including visual impacts, of the proposed use on adjacent property
through tlne use of building orientation, setbacks, buffers, landscaping
and other design criterh.
Review by_ City Commission. The Community Development Department shall
determine whether the proposed use complies with the general standards of
review and use regulations and development standards and all other applicable
development regulations. The Community Development Dh'ector shall transmit
to the City Manager a copy of the written staff report summarizing the facts of
the case including all relevant documents and recommendations. The City
Manager shall schedule the proposed conditional use application for the next
available Comnfission meeting providing the required notice procedures are met.
503.4.1 Public Hearing. The City Commission shall hold one public heating
on the proposed conditional use request.
503.4.2
Action by City Commission. In considering a conditional use request
the City Commission shall review the proposed conditional use, the
general purpose and standards of review set forth in this Section, the
report and recotranendation of the Administration and any oral and
written comments received before or at the public hearing. Based
upon the record developed at the public heatings, the City
Commission may:
(a)
By resolution adcFt approve the proposed conditional use
with or without conditions;
(b)
Deny the proposed conditional use.
503.4.3
Conditions. The City Commission may attach such conditions to the
approval as it deems necessary to ensure the proposed use conforms
to the standards set forth in the General Standards of Review and to
prevent or minimize adverse effects on other property in the
ighbo ho d :~..a:~ ~..., ~* ~:~:~a tv.: ~u:*~,...~
[,and Development Rel~ulafions
City of Aventura, Florida Page 5-7
503.5
503.6
~_,~ ..... ,~ p.e,,, ~: ..... ap--hZ :--~.*,. The City Commission
may also require formal approval of a final site plan prior to the
issuance of building permits.
Effect of Approval or Denial
503.5.1
Eligibility to Apply for Building Permit, etc. Approval of the
application for conditional use by the City Commission authorizes the
applicant to proceed with any necessary applications for site plan
approval, building permits and other permits which the City may
require for the proposed development. No permit shall be issued for
work which does not comply with the terms of the conditional use
approval.
503.5.2
Expiration of Conditional Use Approval. Unless otherwise provided
in the approval, the approval of a conditional use application shall be
void if the recipient does not obtain a btdlding permit for the
proposed development within twelve (12) momhs after the date of
the approved Resolution~ An applicant who has obtained conditional
use approval may request an extension of this time period by filing
within the twelve (12) month period a letter stating the reasons for
the request. The City Commission may, by Resolution or Motion at a
regular meeting, grant one extension of up to six (6) months for good
cause shown by the applicant.
503.5.3
Recision of Approval by Abandonment of Use. Any discontinuation
of an approved conditional use for a period of 180 consecutive days
shall constitute abandonment and shall rescind the approval of the
conditional use.
Amendments and Alterations to Approved Conditional Uses
503.6.1
Except as provided under Section 503.6.2, any expansion to an
approved conditional use and any addition to or expansion of an
existing conditional use shall require the same application, review and
approval as required under this Section for the original approval of
the conditional use.
503.6.2
Minor changes in the site plan or design details of an approved
conditional use which are consistent with the standards and
conditions applying to the conditional use and which do not result in
additional external irc, pacts, such as a minor shill in the location of a
building or structure, the realignment of parking spaces and aisles, the
relocation of a driveway and the like, may be approved by the City
Manager or his designee without obtaining additional approvals. Such
minor changes will be submitted at building permit application in the
form of a revised site plan along with a copy of the originally
Land Development Regulations
Cily of Aventura, Florida Page 5-8
approved site plan, clearly indicating the proposed minor changes. No
increase in the intensity, creation of variances or change in use sb~all
be considered a minor change for the purposes of this section~
Land Development Regulations
City of Aventura, Florida Page 5-9
Section 504: New Uses
504.1
New uses. Those uses or enterprises similar to those enumerated in the Business
(B) or Industrial (M) Districts will be permitted in the B or M Districts which
permits one (1) or more s'nnilar uses; provided the Community Development
Director finds that such new use is not more objectionable than the enumerated
uses in such district, is s'nnilar thereto and will be compat~le therewith. No use
that is enumerated in any B or gM District will be permitted in a more restrictive
district.
Land Development Regulations
City of Aventura, Florida Page 5-10
Section 505: Temporary Uses
505.1
505.2
Permit Required. No temporary use or structure which is not otherwise treated
as a permitted use or conditional use in a particular zoning district and which is
not otherwise proba~bited shah be conducted or erected without a Temporary Use
or stmcture permit. This Section shall not override, and sb~ll not substitute for,
any other section of the LDR which requires another type of permit, certificate,
or approval.
Review and Approval. An application for temporary use shall be submitted and
rew'ewed in conformance with the Procedures of General Applicab'flity. Notice
and public hearing requirements shall not apply to temporary use or structure
permits. The payment of an application fee, established by the City Commission,
shall be included with the application for a temporary use permit. Applications
for a temporary use or structm~e permit shall be reviewed and approved by the
City Manager or his designee, who may impose reasonable conditions upon the
temporary use or structure permit.
505.2.1 The establishment of the following uses shall require a temporary use,
structure permit or special events permit issued by the City.
(a)
Construction office trailers for a development project with
final site plan approval.
(b)
Construction materials storage, processing and fabrication
for a development project with site plan approval.
(c)
Construction equipment storage for a development project
with site plan approval.
(d)
Teinporary sales offices and model homes established for
the express purpose of marketing a real estate
development project with the site plan approval. The
offices and model homes shall be located on and limited to
the property which is being marketed for sales.
(e)
Attended modular trailers for the purpose of collecting,
storing or distributing goods on private properly.
Unattended facilities are prohibited in any zoning district.
(f) Garage sales
(g)
Seasonal sales lots offering Christmas trees, pumpkins,,
flowers and the like; however, no temporary permit shall
be issued for sales within public rights-of-way, and
fireworks sales shall be subject to Fire Department
approval.
Land Development Regulations
City of Aventura, Florida Page 5-11
(h) Sidewalk or parking lot sales by City licensed businesses.
505.3
505.4
505.5
505.6
(i)
Non City sponsored fireworks displays and shows.
Carnivals, fairs, concerts, circuses or similar events.
Maximum Time Limit. A maximum time limit shall be established for all
temporary uses based on the minimum mount of time needed to conduct the
permitted activity. Temporary uses and structures related to real estate
development projects shall not be maintained longer than the time necessary to
complete the construction of the project (issuance of the final Certificate of
Occupancy).
Revocation of Permits. Any temporary use which becomes a nuisance, violates
the conditions of the pemait or is in violation of the LDR shall be revoked by the
City Manager. Any temporary use which endangers the public health or safety
shall be revoked immediately by the City Manager.
Exemptions.
505.5.1 No permit for temporary use or structure will he required when such
use or structure is part of a construction project by or for the City.
General Criteria and Limitations for Temporary_ Use Permits.
505.6.1 The temporary use must be compat~le with the surrounding land
uses;
505.6.2
A parking problem must not be created. If off-site parking is to be
utilized, permission must he in writing from the owner of the property
utilized.
505.6.3
An applicant may not receive a temporary use permit on the same
property more than three (3) times within a calendar year, unless
approved by the City Manager or his designee.
505.6.4 The temporary use must not endanger the public health or safety of
the citizens or businesses of the City of Aventurm
Land Development Regulations
City of Aventura, Florida Page 5-12
;ection 506: Variances
506.1
Purpose and Scol~_. The variance process is intended to provide limited relief
from the requirements of the LDR in those cases where strict application of
those requirements will create a practical difficulty or unnecessary hardship, as
distinguished from a mere inconvenience, prohibking the use of land in a manner
otherwise allowed under the LD1L Variances shall not he granted to allow the
establishment of a use or density which is not otherwise allowed in a zoning
district or which would change the zoning district classification of any or all of
the affected property.
506.2
Application Requirements. An application for a variance shall be fried by the
owner of the property upon which the variance is requested or their designated
representative. The application shall be on a form provided by the Community
Development Director and shall include an application fee as established by the
City Commission.
506.3
Staff Review. The Community Development Department shall review the
application to evaluate whether the proposed variance complies with the general
purpose and standards set forth in this Section for the granting of variances. The
Community Development Director shall compile a written staff report
summmizing the facts of the case including all relevant documents. The
complete application and staff'report prepared pursuant to this Section shall be
transmitted to the City Manager as provided herei~
506.4
Review by City Commission. The City Manager shall schedule the proposed
variance application for the next available Commission meeting providing the
required notice procedures are met.
506.4.1 Public Hearing. The City Commission shall hold one public hearing
on the proposed variance.
506.4.2
Action by City Commission. In considering whether to approve or
deny the application, the City Commission shall review the
application, the general purpose and standards set forth in this Section
for the granting of variances, staff reports, and any oral and written
comments received before or at the public hearing.
506.5
Standards of Review. A variance shall he granted only where ~
oflhe~o~tent and substantial evidence presented in the particular case shows
that all of the of the following are met:
(a)
The particular physical surrotmdings, shape, topographical condition,
or other physical or environmental condition of the specific property
involved would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience, if the regulations were
carried out literally.
Land Development Regulations
City of Aventura, Florida Page 5-13
506.6
506.7
506.8
(b)
The conditions upon which the request for a variance is based are
unique to the parcel and would not be generally applicable to other
property within the vicinity.
(c)
The alleged difficulty or hardship is not economic and has not been
deh'berately created to establish a use or structure which is not
otherwise consistent with the LDR~
(d)
The granting of the variance will not be detrimental to the public
welfare or injurinus to other property or improvements in the vicinity.
(e)
The proposed variance will not substantially increase the congestion
in the public streets, or increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property values
within the vicinity.
Conditions. In granting a variance, City Commission may impose such
conditions and restrictions upon the premises benefited by a variance as may be
necessary to comply with the standards set out in this Section and to prevent or
minimize adverse effects on other property in the neighborhood.,u.~.,.,.~,:-~"a:~ u..,,~,
Expiration of Approval. The approval of a variance shall be void if the recipient
does not ~qv~obtain a building permit or other development order for the
proposed use within twelve (12) months after the granting of the variance. An
applicant who has obtained approval of a variance may request an extension of
this time within the original approval period. The City Commission may, at a
regular or special meeting, grant up to a six (6) month extension request for
good cause shown by the applicant.
Amendments and Alterations to Approved Variances
506.8.1
Except as provided under Section 506.8.2, any expansion to an
approved variance and any addition to or expansion of an existing
variance approval shall require the same application, review and
approval as required under this Section for the original approval of
the variance.
506.8.2
Minor changes in the site plan or design details of an approved
variance which are consistent with the standards and conditions
applying to the variance and which do not result in additional external
impacts, such as a minor shill in the location of a building or
structure, the realignment of parking spaces and aisles, the relocation
of a driveway and the like, and landscape changes may be approved
Land Development Regulations
City of Aventura, Florida Page 5-14
506.9
by the City Manager or his designee without obtaining additional
approvals. Such minor changes will be submitted at building permit
application in the form of a revised site plan along with a copy of the
originally approved site plan, clearly indicating the proposed minor
changes. No increase in the approved variance, creation of variances
or change in use shall be considered a minor change for the purposes
of this section.
Admininmtive Variances An administrative variance for setbacks, open space
and parking requirements may be granted by the City Manager or his designee
only_ when competent and substantial evidence is presented in the particular case
shows that all of the following has been met:
(a)
(b)
(c)
(d)
The particular variance created is a direct result of a dedication of
private property to the City as requested by the City.
The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not
otherwise consistent with the LD1L
The granting of the variance will not be detrimental to the public
welfare or injurious to other propert~ or improvements in the vicinity.
The proposed variance will not substantially_ increase the congestion
in the public streets, or increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property_ values
within the vicinity.
Land Developmenl Regulations
City of Aventura, Florida Page 5-15
Section 507:
507. l
507.2
507.3
507.4
507.5
Amendments to the Land Development Regulations and Official Zoning
Map
Purpose. The purpose of this article is to provide a uniform procedure
concerning the review of and proposals for amendments to these regulations and
zoning designations, to provide for the continued integrity of these regulations;
to adapt to changes in the Community; and to allow the public an adequate
opportunity to he heard concerning issues arising under or incidental to these
regulations and amendments hereto. Whenever the public necessity,
convenience, general welfare or good zoning practice and planning techniques
require, the City Commission may, by Ordinance duly adopted in accordance
with the procedures set forth herein, amend and/or supplement the LDR~_, the
zoning district boundaries or classifications of property now or hereafter
established or by amendment hereto. All amendments of the LDP~_ or Map shall
he consistent with the adopted Comprehensive Plan.
Initiation. An amendment to the text of the LDRs may he initiated by the City
Manager or the City Commission. Any affected person may pzt~[~.n apply to the
City to amend the text of the LDRs. An amendment to the Zoning Map may be
initiated by the City of Aventura or by any person owning property within the
area proposed for change on the Official Zoning Map subject to the payment of
an application fee to cover the cost of processing the application.
Application Requirements. Applications for amendment to the Zoning Map and
text of the LDR shall he on an application form specified by the Community
Development Director. All applications filed shall he processed according to the
the LDIL The information in the application shall address the standards of
Sections 507.6 and 507.7 as well as the standards for a specific zoning district.
Review by Staff.. The Community Development Department shall review
applications for amendment to the text of the LDR and amendments to the
official zoning map and compile a written report which amnmfi~s the facts of
the case including all relevant documents, and evaluates the proposed
amendment with the general purpose and standards set forth in this Section. The
Community Development Director shall transmit a copy of the staffreport to the
City Manager.
Review by City Commission. The City Manager shall schedule the proposed
amendment for the next available City Commission meeting providing the
required notice procedures are met. The City Commission shall review all
amendments to the Official Zoning Map and amendments to the text of the Land
Development Regulations.
507.5.1
Public Hearing. In order to adopt an Ordinance the City Commission
..1..11~ 1~..;--. ~g.nll I~ .... ,~a~l kn accordance ;vi~ comply with the
Land Development Regulations
City of Aventura, Florida Page 5-16
507.6
notice and procedures set forth in Chapter 166, Florida Statutes and
the public hearing shall be conducted in accordance with the
provisions of this Code.
507.5.2
Action by City Commission. In considering an amendment to the text
of the LDR or the Official Zoning Map, the City Commission shall
review the proposed amendment, the general purpose and standards
set forth in this Section, the report and rccommendation of the
Administration, and any oral and written comments received before
or at the public hearing. Based upon the record developed at the
public hearings, the City Commission may:
(a) Adopt the proposed amendment with or without
modifications k.. ^.~: ......
(b)
Grant another zoning classification consistent with the
Future Land Use Map designation and Comprehensive
Plato o~
(c)
Reject the proposed amendment; or
(d)
Refer the matter to the adminisWation for further
consideration.
Standards for Reviewing Proposed Amendments to the Official Zoning Map. In
deciding whether to recommend approval of a proposed amendment, the
Administration and the City Commission shall determine whether or not:
(a)
The proposed amendment is consistent with Goals, n~.~ Objectives
and Policies of the City's Comprehensive Plan.
(b)
The proposed zoning district is compatible with the surroundingI
area's zoning designation(s) and existing uses.
(c)
The subject property is physically suitable for the uses permitted in
(d)
There are sites available in other areas currently zoned for such use.
(e)
If applicable, the proposed change will comribute to redevelopmem
of an area in accordance with an approved redevelopmem plan.
The proposed change would adversely affect traffic patterns or
congestion.
(g)
The proposed change would adversely impact population density
Land Development Regulations
City of Aventura, Florida Page 5-17
facilities, and other public facilities and services would be adversely
affected.
Whether the proposed change would have an adverse environmental
impact on the vicinity.
507.7
(i) Whether the proposed change would adversely affect the health,
safety, and welfare of the neighborhood or the City as a whole.
Standards for Reviewing Proposed Amendments to the Text of the LDR. In
deciding whether to recommend approval of a proposed text amendment, the
Administration and the City Commission shall determine-consider whether or
not:
(a)
The proposed amendment is legally required.
(b)
The proposed amendment is consistent with the Goals and Objectives
of the Comprehensive Plan.
(c)
The proposed amendment is consistent with the authority and
purpose of the LDIL
(d)
The proposed amendment furthers the orderly development of the
City.
(e)
The proposed amendment improves the administration or execution
of the development process.
507.8
Zoning in Progress, Applicability, Temporary Hold on Pelmits and Licenses.
507.8.1 Purpose. The zoning in progress doctrine ("Zoning in Progress")
generally allows the City to apply, on a retroactive basis, changes to
zoning regulations or to the zoning district status of property, to
previously approved or currently in process development
applications. Additionally, the Zoning in Progress allows a
temporary hold on permits and licenses if there is a change in
zoning, which is already in progress, that would affect the permit or
license.
507.8.2
Initial Adoption of Land Development Regulations. Zoning in
Progress shall be applied to the initial adoption of this Code in the
following manner:
(i)
Zoning in Progress shall not be applied to the extem
that vested rights are established pursuant to the
procedure set forth in Section 103.2.2.
(ii) Zoning in Progress shall not be applied to complete
Land Development Regulations
City of Aventura, Florida Page 5-18
and pending applications for development permits which
have been filed with the City before February 18, 1999.
(iii)
Zoning in Progress shall apply to applications for
development approval which were filed with City
after the cut-off date established in (ii) above, and
such application must comply with the criteria of the
Code, except as provided in (i) above.
(iv)
Zoning in Progress shall not apply to the grant of
any moratorium waiver specifically granted by the
City Commission.
507.8.3
Future amendments to LDR. When an amendment in the LDR or in
the application of any particular zoning district classification to land
is being considered, the City Cow~'r'~gic, n may impose a temporary
hold on any developmem applications pending before the City with
respect to the area or the zoning regulatory text which is the subject
of the amendment. The hold shall commence upon the date that
notice of Zoning in Progress is published in a newspaper of general
circulation in the City and shall continue in effect for a period ficom
the date of ,*vt, ........ notice until the subject ~ .... ~*.~ change,
with or without amendments, shall have been approved or
disapproved by the City Commission or for a period of three (3)
months, whichever is sooner, tmless such development application
would be in conformity with the more restrictive of thee existing
~ zoning district status or the zoning district regulations as
compared to the proposed tegistatio~ zoning district status or
zoning district regulations. An affected person may appeal the City
staffs application of this Provision to the City Commission for
review by the City Commission by filing a Notice of Appeal with
the City Manager.
Land Development Regulations
City of Aventura, Florida Page 5-19
Section 508: Subdivision Plat Approval
508.1
Purpose. The purpose of this Section is to establish the procedures and
requirements for obtaining approval of a plat of subdivision as defined by
Chapter 177, Florida Statutes.
508.2
Plat Required. Whenever land is subdivided in the City a plat must be recorded in
the Official Records of Miami-Dade. No plat of subdivision lying within the City
of Aventura shall be recorded in the Official Records of Miami-Dade County
prior to approval by the City Commission. No building permit shall be issued
unless a Final Plat has been approved by the City Commission. Furthermore, no
certificate of occupancy shall be issued prior to the Final Plat, including the
parcel or parcels of land on which a building will be constructed, has been
recorded in the Official Records of Miami-Dade County.
5O&! .! 508.2.1 A building permit may be issued for an essential governmental
facility after preliminary plat review where the City Commission finds
that immediate construction of the governmental facility is essential to
the healtl~ safety, or welfare of the public and where the City
determines that public facilities and services will be available at the
adopted level of sen4ee standards concurrent with the impact of
development of the governmental facility A certificate of occupancy
shall not be issued until the plat is recorded.
508.3
Conformity to Comprehensive Plan. No plat application shall be considered by
the City unless the original site and the lots to be created are in conformance
with the City's adopted Comprehensive Plan.
508.4
Preliminary_ Plat, Advice and Comment at Developer's Option. Upon request of
the applicant and payment of an application fee, a preliminary plat may be
reviewed by the Community Development Department. The comments and
advice of stafl~ however, shall not be binding on the City or County or be
construed to ercate any fight for the developer to rely on said comments. Review
of a preliminary plat shall be done in a reason-able time with specific notice to the
developer as to what constitutes a reasonable time under the existing facts and
circumstances at the time of submission.
508.5
Tentative Plat Review. All tentative plats prepared for review by Miami-Dade
County must be approved by the City prior to submission to the County. A
tentative plat shall show on a map all of the facts and data required by the
various City departments to determine whether the proposed layout of the land
in the subdivision is satisfactory fi.om the standpoint of the public interest.
508.5.1
Tentative Plat Application Requiremems. The tentative plat and
application shall be filed with the Community Development
Department on forms provided by the department. The application
shall be submitted in accordance with the required number of copies
Land Development Regulations
City of Aventura, Florida Page $-20
shall be submitted in accordance with the required number of copies
and with an application fee as established by the City. The following
information shall be part of the tentative plat application unless
waived by the Community Development Director:
a) Proposed subdivision name and identifying title, the name of the
City, and the section, township and range.
b) Location of property lines, existing easements, buildings,
watercourses, elevations, permits and other essential features.
c) The names of all subdivisions immediately adjacent.
The location of any existing sewers and water mains, or any
underground or overhead utilities, culverts and drains on the
property to be subdixfided.
e)
Location, names and present widths of existing and proposed
streets, highways, alleys, parks and other open public spaces as
well s'umilar facts regarding property immediately adjacent.
The width and location of any street or other public ways or
places shown on the City or County Trafficways Plan within or
adjacent to the area to be subdivided, and the width and locations
of all streets or other public ways proposed by the developer.
g) Date of field survey, north point and geographic scale.
h) Legal description and plan of proposed layout made and certified
by a Florida licensed land surveyor.
The proposed lot lines with approximate dimensions and, in the
case of odd or irregularly shaped lots, suggested location of
building setback lines.
J)
Where the tentative plat submitted covers only a part of the
subdivider's entire holding, a master tentative plat of the
prospective future street system of the unsubdivided part is
required, and the street system of the unsubmitted part will be
considered in the light of adjustments and connection with the
street system of the plat submitted.
The numbering of all lots, blocks and the lettering of all tracts
shall be shown on the tentative plat. All lots or tracts shall be
numbered or lettered progressively. All blocks shall be
progressively numbered except that blocks in numbered additions
bearing the same name shall be numbered consecutively
Land Development Regulations
City of Aventura, Florida Page 5-21
508.5.2
508.5.3
throughout the several additions.
1) A location map at the scale of one (1) inch equals three hundred
(300) feet showing existing and proposed fights-of-way.
Additional Required Information. In addition to the plat and
application form, the applicant shall submit the following information:
a) A complete and current ownership and encumbrances report.
A lot parcel analysis, including the smallest lot size, largest lot
size, number of lots, acreage in each parcel, and number of
parcels.
c) The applicable base flood elevation information.
d) A list of all easemems and rights-of-way to be vacated.
e)
Copies of all land development and environmental licenses and
permits applied for including water management, and dredge and
fill permits.
Additional Information to be Provided at Option of Director. In
addition to the information required with all tentative plat
applications, the Cotranunity Development Director may request the
following information if it is determined necessary to ascertain the
adequacy of public facilities and consistency with the Comprehensive
Plan or Code, or other n'..a~em of~ub~c ~ere~LDRs:
A sealed current topographic survey ("Plat Survey"). The Plat
Survey shall cover the entire area being platted and extend a
minimum of 100 feet beyond the plat limits. The surveyor shall
certify that the survey meets the requirements of this section.
The Plat Survey shall contain at a minimum the following
information:
( 1 ) Property boundaries;
(2) Existing watercourses, canals and bodies of water
within or adjacent to the plat limits;
(3) Existing easements within or adjacent to the plat limits
and the purposes for which the easements have been
established;
(4) Existing streets and alleys on or adjacent to the tract,
including name and right-of-way width;
(5) All encumbrances and restrictions specified within the
Owner and Encumbrance repo~t.
b) Written confirmation from all utilities franchised to operate in the i
Land l)evelopment Regulations
City of Aventura, Florida Page 5-22
City relative to the adequacy of proposed easements shown on
the plat and their ability to co-exist with other utilities which may
be placed within the easement.
d~c) Schematic subdivision improvement plans for the
improvements necessary to bring water, sewer and public access
to the project, including all off-site improvements required by the
platting process, shall be submitted in conformance with this
code.
e)d) Legal documents in draft form ensuring perpetual maintenance
of any private roads, parking areas, landscaped areas, drakmge
systems, wetland mitigation areas and other common areas.
l)e) An original title certificate or an attorney's opinion of title, and a
tax letter or receipt fi.om Miarni-Dade County.
g~t) Mlami-Dade County DERM environmental review and
resulting commems.
508.5.4
Checking and Investigating Tentative Plats. The applicant shall pay
such fees, as may be prescribed, for checking the tentative plat and
investigating such matters concerning it as may be required by lawI
and this Code.
508.6 Final Plat Review. All final plats prepared for review by Miami-Dade County
must be approved by the City prior to submission to the County. No application
for final plat will be accepted by the City without approval of a corresponding
tentative plat by Miami-Dade County. The final plat shall have incorporated all
changes or modifications as required to make the tentative plat conform to City
and Miami-Dade County requirements. Otherwise, it shall conform to the
tentative plat, and it may constitute only that portion of the approved tentative
plat which the applicant proposes to record avd-deq,~qop-within one year,
provided that such portion conforms with all requirements of this4godethese
LDRs and meets the approval of the City and Mlami-Dade County.
508.6.1
Format of Final Plats. The final plat shall be prepared by a land
surveyor registered in the state. The final plat shall be clearly and
legibly drawn to a sheet size of thirty (30) inches by thirty-six (36)
inches and to a scale of sufficient size to be legible, with letters and
numbers to be no smaller than one-eighth (1/8) of an inch in height.
The final plat, insofar as preparation is concerned, shall comply with
all applicable regulations and State laws dealing with the preparation
of plats.
Land Development Regulations
City of Aventura, Florida Page 5-23
508.6.2
Final Plat Application Requirements. The final plat and application
shall be filed with the Community Development Department on
forms provided by the department. The application shall be
submitted along with the required number of copies and an
application fee as established by the City. The recording costs for
legal documents and fees for notification shall be paid prior to and as
a condition for the plat to be submitted for public hearing before the
City Commission. The following information shall be part of the final
plat unless waived by the Director:
a)
Name of the subdivision. The Plat shall have a title or
name. The title of the plat shall include the name of the City
and the section, township and range of which such platted
land is a subdivision. The Community Development
Department shall disapprove any name or title which is
similar to the name of any previously approved plat in the
City and which may cause confusion.
Deed Description. There shall be printed upon the plat a full
and detailed description of the land embraced in the map or
plat showing the township and range in which such lands
are situated and the section and part of sections platted and
a location sketch showing the plat's location in reference to
the closest centers of each section embraced within the plat.
The description must be so complete that firom it, without
reference to the plat, the starting point can be determined
and the outlines run. If a subdivision of a part of a
previously recorded plat is made, the previous lots and
blocks to be resubdivided shall be given. If the plat is a
resubdivision of the whole of a previously recorded plat, the
fact shall be so stated. Vacation of previously platted lands
must be accomplished in the manner provided by law.
c) Names of adjacent subdivisions.
d) Names or numbers and width of streets immediately
adjoining plat.
e) All plat boundaries.
Bearings and distances to the nearest established street
lines, section comers or other recognized permanent
monuments which shall be accurately described on the plat.
g) Municipal, township, County or section lines accurately tied
to the lines of the subdivision by distance and bearing.
Land Development Regulations
City of Aventura, Florida Page 5-24
I
Land Development Regulations
City of Aventura, Florida
h)
i)
J)
k)
1)
o)
p)
r)
s)
Accurate location of all monuments.
Length of all arcs, radii, internal angles, points of curvature
and tangent bearings.
Where lots are located on a curve or when side lot lines are
at angles less than eighty seven (87) degrees or more than
ninety three (93) degrees, the width of the lot at the front
building setback line shall be shown.
The name or numbering and right-of-way width of each
street or other right-of-way shown on plat.
The numbering of all lots and blocks shown on the plat. All
lots shall be numbered either by progressive numbers, or in
blocks progressively numbered except that blocks in
numbered additions bearing the same name shall be
numbered consecutively throughout the several additions.
Excepted parcels must be marked "not part of this plat."
Plat restrictions to restrict type and use of water supply;
type and use of sanitary facilities; use and benefits of water
areas and other open spaces and odd-shaped and
substandard parcels; re subdivision of parcels as "platted,"
and restrictions of similar nature.
All areas reserved or dedicated for public purposes. No
strip or parcel of land shall be reserved by the owner, unless
the same is sufficient in size and area to be of some practical
use or service.
The dimensions of all lots and angles or bearings.
Minimum building setback lines where required by
ordinance.
Location, dimension and purpose of any easements.
Certification by a registered surveyor to the effect that the
plat represents a survey made by him., and that all
monuments shown thereon actually exist, and that their
location is correctly shown.
An acknowledgmem by the owner of his adoption of the
plat, and of the dedication of streets and other public areas
and the consent of any mortgage holders to such adoption
Page 5-25
508.6.3
h)
c)
d)
e)
t)
and dedication. If existing fight-of-way is to be closed,
purpose of closing must be stated on the plat.
The signature and seal of the City. Provided, however, that
where property is being replatted the signature of the City
shall be affixed or denied pursuant to the procedures
established in Section 177.101, Florida Statutes (1971),
unless the vacation of prior plats has previously been validly
accomplished.
Other data required. The following information is required to be
submitted at the time of final plat application, but shall not be a
part of the final plat:
The surveyor shall show on the face of the plat (or shall
certify on a separate sheet, not to be recorded in the public
records) the Florida State Plane Coordinates (current
readjustment) of at least two (2) of the permanent reference
monuments shown on the plat. This requirement may be
waived by the Director if any portion of the land
encompassed by the plat is more than one (1) mile fi:om the
nearest station shown on the list on file in the Dade Cotmty
Public Works Department's Survey Office, as updated; or
(B) all stations within one (1) mile of the plat have been
lost. A copy of the certified comer record (as defined in
Section 177.503 Florida Statutes (1993), for the comers
used shall be provided with the final plat.
Current opirdon of title fi~om any attorney authorized to
practice law in this State.
Certification fi:om the City Department of Finance and
Miami-Dade County that all taxes and assessments have
been paid on the land within the proposed subdivision or
receipted tax bills.
If a zoning change is involved, certification that the change
requested has been approved and is in eftbct, and that the
size of lots and other features shown on the plat conform to
all zoning requirements.
Certification from the City Engineer that all required
improvements within the public right-of-way have been
completed or that the municipality is holding sufficient bond
for the completion of the improvements.
Laud Development Regulations
City of Aventura, Florida Page 5-26
508.7
508.8
Any restrictive covenants desired by the developer so long l
as they do not violate existing ordinances. Restrictive
508.6.4
Review by City_ Commission. All final plats must be submitted to the
City Commission for approval. No final plat, however, shall be
scheduled for said approval until the plat and all supporting
documentation required under this section have been received by the
staff and reviewed under the authority contained in this Code. The
Community Development Director shall submit the report to the City
Manager, for transmittal to the City Commission. The City
..................... approve the final plat, as recommended by
stafl~ if the plat is found to be in conformance with these regulations,
and issue a resolution setting forth such approval ~ tmkev.,, .... v.c .u~,..,
Endorsement of Fiml Plat. Upon approval of the final plat by the City
Commission, the final plat shall be endorsed by the City Manager and attested to
by the City Clerk. The Community Developmem Director shall forward the
signed original of the final plat to the applicant for County approval.
508.7.1
Effect of dedicatiom A plat containing dedications of any interest in
property, when properly recorded, shall constitute a sufficiem
irrevocable conveyance to vest all legal and equitable interests in the
parcels of land so dedicated, to be held by the City in trust and the
approval of the plat by the City Commission shall have the force and
effect of an acceptance of said legal and equitable interest. However,
nothing herein shall be construed to create any obligation on the part
of the city to perform any act of construction or maintenance within a
dedicated area unless or until that obligation is voluntarily planned,
budgeted and implemented by the City.
Requirements for Final City Signature. Prior to final City signature upon a plat
for recordation, a ~chcm~tic ~.a.,~;.a~:^~; ............ , ...... ~ ....... a k,,
a.~ t~a. ...... a~ c^~ :~ ,h;o ~ L': ~a~;,:~ the developer shall have
executed approved agreemems if required by the City concerning the payment of
the developer's share of required public facilities, ;~ c~..
--~v-,,~- and any other
Land Development Regulations
City of Aventura, Florida Page 5-27
508.9
508.10
requirements of the final plat approval ln, c _.~,a:.~, ~,~u .... ~ .... c_c
f~ ............ The subdivider shall also provide one or more copies of the
final plat, to the City in a fomt deemed acceptable by the City Engineer.
Time Limitations of Final Plat Approval. The burden is on the property owner
to either record the plat within '2':~' ¥' twelve (3012) months of City Commission
approval or request from the City Commission, prior to expiration, one (1)
extension of no mom than six (6) months. The burden is also on the property
owner to record the plat within the time specified by Miami-Dade County.
Failure to record within the time specified by either the City of Aventura or
Miami-Da& County shall render the approval of said plat null and void.
Enforcement Provisions.
508.10.1
Recording of Plat. No plat shall he recorded in the Public Records of
Miami-Dade Comity or have any validity whatsoever until it shall
have been approved in a manner prescribed herein and the final plat
shall incorporate all changes or modifications required by the City
Commission~ In the event any such unapproved subdivision is
recorded it shall he considered invalid and the City nmy institute
proceedings to have it stricken from the Public Records of Miami-
Dade County, Florida at the property owner's cost.
508.10.2
Permits. The City's Chief Building Official shall not issue any building
permit for any occupiable structure to be constructed within the City
unless and until said official receives a certification from the
Community Development Director that the provisiom of this section
have been met. Prior to and as a condition of securing said
certification, the petitioner for plat approval, or the successors in
interest, shall file a reproducible mylar of the duly recorded plat with
the City.
508.10.3
Public Improvements. The City hereby determines it to be public
policy that the City shall withhold ali public improvements and
services of any nature, including the maintenance of streets and the
furnishing of sewerage facilities and water services from all
subdivisions which have not been approved and from all areas
dedicated to the public which have not been accepted by the City
Commission in the manner prescribed by the lamg-de~opm~
c~deLDRs.
508.10.4
Revision of Plat after Approval After approval by the City
Commission but prior to recording any plat in the Public Records of
Miami-Dade County, the petitioner shall provide to the Community
Development Director a copy of the subject plat reflecting all
Land Development Regulations
City of Aventura, Florida Page 5-28
corrections and/or modifications which may have been made
subsequent to the plat approval by the City Commission.
The Community Development Director shall then rev/ew the plat to
determine if any revisions or modifications have been made that are
contrary to or inconsistent with the approval of the City Commission.
Atter review, the Community Development Director will provide the
petitioner with a letter which will either authorize recordation of the
revised plat or require that the revised plat be returned to the City
Commission.
508.10.5
Failure to satisfy conditions of approval. The failure to satisfy
conditions of approval, whether conditions precedent or subsequent
to recordation, shall be reported to the City Manager. If upon written
notice by the City Manager the applicant fails to correct the failures
the City Commission shall be notified. Thc City Commission upon
notice to the property owner shall hold a public hearing. If the City
Commission finds that the conditions have not been satisfied, the City
Commission shall take immediate corrective action to ensure
compliance.
508.11
Modifications to Recorded Plats. The modifications listed in this Section may be
accomplished upon a finding by the Community Development Director that the
regulations of this section have otherwise been met and through the payment of
any fees for the cost of processing. The following types of development shall be
deemed exempt and not subject to the provisions of the mandatory platting
requirements of this code:
508.11.1 The dedication of land or any interest in land to any governmental
agency, entity or political subdivision.
508.11.2
The division of a duplex zoned platted lot to permit individual
ownership in conformance with all applicable zoning and Building
Code provisions.
508.11.3
The combination of lots and/or portions oflot~
d~ct to create a common building site provided that the property
owner presents an instrument recordable in the public records of
Miami-Dade County, Florida identifying the boundaries of the
building site and the intent to develop and convey as one (1) site or
paw~l in perpetuity or so long as the proposed use exists. No
combination shall be approved where approval would allow violation
of any other provision of this Code.
508.11.5
Land Development Regulations
City of Aventura, Florida Page 5-29
508.11.4
508.12 Recorded
The division of a nonresidential zoned platted parcel into not more
than two (2) parcels, when the City determines that a new public
right-of-way or parcel access is not reqtfired. In this instance, the
Commtmity Development Department and Engineering Division nmy
require that any or all of the following items be provided and
approved:
a. Current survey
b. Sketch plat
c. Master parking plan
d. Secondary access plan
e. Alley, access, drainage, utility, planting, or other easements
f. Paving and drainage plan
g. Sewer and water plans
Plat. No change to a recorded plat is created or no developmem is
undertaken except in conformance with the recorded plat or as specifically
allowed in this Section.
Land Development Regulations
City of Aventura, Florida Page 5=30
509.1
(a)
(b)
(c)
(d)
(g)
Land Development Regulations
City of Aventura, Florida Page 5-31
509.2.1
(~)
(~)
(2)
Land Development Regulations
City of Aventura, Florida Page 5-32
(0
(~)
(3)
(~)
(5)
(6)
(7)
(s)
prcpo .......................... .~
Land Development Regulations
City of Aventura, Florida Page 5-33
(g)
(c)
(D)
(E)
fi)
(G)
(H)
Land Development Regulations
City of Aventura, Florida Page 5-34
509.2
Land Development Regulations
City of Aventura, Florida Page 5-35
509./l.2
5107,.2
Land Development Regulations
City of Aventura, Florida Page 5-36
Section 509: Administrative Site Plan Review
509.1
Required. Except as provided in Section 510.3 below, application for site plan
approval for all developments mc..,,~,o v ......................... shall
be submitted to the Community Development Depamnent for review and
approval prior to the issuance of building permits. The Community Development
Department shall evaluate the site plan as it relates to conformance to the LDR
and Comprehensive Plan, and shall consider internal site vehicular circulation
ingress and egress, conformance with the character of the surrounding area,
general layout of the site, architectural desi~ma of the structures, and whether the
development as presemed will enhance the quality of life in the City of Aventura
and promote the healtl~ safety and welfare of its citizens.
509.2
Application Required. Application for Administrative Site Plan Review and
Approval shall be submitted to the City in writing by the property owner or
authorized representative on forms provided by the Community Development
Departmem. A fee as established by the City Commission shall be paid by the
509.3
Exempt Development. The following activities shxll not require submission of a
site plan pursuant to this section~
(a)
The deposit and contouring of fill on land.
(b)
Constmction of a single-family home on an existing single-family lot.
(c)
Construction of a single residential duplex on an existing residemial
duplex lot.
(d)
Accessory uses which would not increase plot coverage of the
principal stmcture.
(0
Land cleating activity done in compliance with a valid land clearing
permit issued pursuant to the LDR and a City engineering permit.
(g) Demolition
509.4
General Site Plan Application Requirements. All site plans must be prepared,
signed and sealed by one or more of the following professionals.
(a)
A landscape architect registered by the State of Florida.
(b)
An architect registered by the State of Florida.
(c)
A civil engineer registered by the State of Florida.
Land Development Regulations
City of Aventu fa, Florida Page 5-37
(d)
A land surveyor registered by the State of Florida.
509.5
Prelkninary Site Plan Submission Requirements. An application for preliminary
site plan review shall include twelve sets of folded and collated plans containing
the following:
509.5.1
On-site sealed current (within 30 days) survey prepared by a Florida
registered land surveyor, certified as to meeting the requiremems of
Chapter 21HH-6, Florida Administrative Code. At a minimum the
survey shall show the property's topography, water bodies,
easements, rights-of-way, existing structures and paved areas. This
survey shall be based upon ownership and encumbrance repor~ and
shall so be stated on the survey itsolfi.
509.5.2
A tree survey is required if there are indications of existing native tree
species on the site when developmem is proposed within City areas of
particular concern as identified in the City's Comprehensive Ham.
The tree survey shall comply with the following minimum standards:
(a)
Tree surveys shall be prepared by and bear the seal of a
registered land surveyor licensed to practice in the State o!
Florida. Tree species shall be identified by a registered
landscape architect licensed to practice in the State of
Florida an,: .... .:~:~- ~u~,, ~--~, ..,u-- a~.,~, ...... :~
Co)
Surveys shall delineate property boundaries, easements,
fights-of-way, bodies of surface water, and protected trees
or groupings of trees. The species of trees to be removed
or relocated shall be identified. In the case of a groupings
of trees, the predominant species mix and estimated
number shall be identified. Trees or areas of vegetation
which are required to be preserved shall be delineated.
Areas infested with prohibited or controlled plant species
shall also be delineated and identified. Surveys shall also
indicate such other information as may be required by the
Community Development Department that is reasonable
and necessary for the adequate administration of this
Section.
509.5.3
Site development plans (Scale to be 1"=20' unless prior approval is
received otherwise) ~hall include in proper form, detail, dimension
and scale, the following:
(a)
The location, size, and height of all buildings, walls,
fences, walkways, driveways, parking areas and loading
Land Development Regulations
CHy of Aventura, Florida Page 5-38
509.6
The building and floor plan, including roof plan.
(c)
Location, character and enclosure of all outside facilities
for waste storage and disposal
(d)
Exterior elevations with material and color designation.
(e)
Preliminary landscaping plan (Signed and sealed by a
Florida Registered Landscape Architect).
(t)
Location, size, character, height and orientation of all
signs.
(g)
Placement, height, and fixture design of all exterior
lighting fixtures and certification by a registered
professional engineer or registered architect that exterior
lighting, as designed will not exceed the footcandle levels
at the adjacent private property_ lines.
Off-site sketch including, but not limited to, locations of
structures, utilities, rights-of-way and curb cuts within
300' ofthe subject property.
6)
Information as to all perimeter buffer requirements for
adjacent properties.
0)
A master site plan is required for all pbased development.
(k)
Site data information including but not limited to zoning
districts, required and proposed FAR, lot coverage, open
space, parking, building height, density, setbacks and lot
size information.
Final Site Plan Filing. A final site plan shall only be filed following a
determination by the Director of Community Development that the preliminary i
site plan is in substantial conformance with the t~webtm'~mi
~.~ ........ DRs. A final site plan shall he approved prior to issuance of any
building permit. Final site plan review shall include twelve sets of revised plans
folded and collated containing the same items as required for Preliminary Site
Plan review plus the following:
(a)
Details of all types of parking spaces provided.
(b)
All signage locations, types and details.
Land Development Regulations
City of Aventura, Florida Page 5-39
(c)
(d)
(e)
Complete Landscape Plan (Signed and sealed by a Florida
Registered Landscape Architect). Plans shall include
required and provided quantities of plant materials.
Engineering Plans (Scale to be 1"=20' unless prior
approval is received otherwise) including water, sewer,
paving and drainage and utility locations.
Locations and details of all entry features (if applicable).
509.7
509.8
509.9
509.10
Review. In reviewing plans, City staff shall require that the development satisfies
the following criteria and submit a report to the City Manager:
(a)
All applicable codes of the City. The goals, objectives,
policies and other applicable requirements of the City's
Comprehensive Plan.
(b)
Approved and accepted architectural and engineering
design concepts.
(c)
Consistency w/th ~hhe~the aesthetic character of the City.
(d)
Dedication or conveyance of property for public rights - of
- way as necessary to comply with the Trafficways Plan
and other applicable City plans.
Approval. The City Manager or his designee shall approve or disapprove of
administrative site plan applications within sixty (60) days after staffreview.
Approved Plans. An approved site plan shall remain valid for a period of twelve
months lk~m the date of approval. If no building permit is issued within the
twelve month time period, the site plan shall he considered null and void.
Additionally, if at anytime building permits lapse the site plan shall be considered
null and void. A six month extension may be granted by the City Manager or his
designee if the applicant shows good cause in that t~¢ dc!ay :~n obtaining building
permits was not caused by the applicant.
Site Plan Revisions. Where a proposed revision of an approved site plan affects
the overall design and layout or where the proposal will require review under this
section, the fee for processing the revision shall be the same as the initial
submittal. All other revisions shall require a minor modification processing fee as
established by the City Commission. The City Manager shall have the discretion
based on the above guidelines to determine whether a proposed revision is major
or minor. A major site plan revision requires complete final site plan review and
approval.
Land Development Regulations
City of Aventura, Florida Page 5-40
509.11
509.12
509.13
Engineering Plans. No building permit shall be issued for any approved site plan
unless and until all final engineering plans for water, sewer, roadway and
drainage systems are approved by the City's engineer and a permit for same has
been issued. Prior to the issuance of a Building Permit the Applicant shall
provide a copy of the approved Site Plan, on disc, in a form_at compatible with
the City's engineering applications.
Mylar Copy of Approved Site Plans Required. Following City sign off~ but prior
to the issuance of a building permit, a Mylar copy of the approved site plan shall
be submitted to the Community Development Department. The Mylar shall be in
the same scale and identical to the approved site plan~
Conformance with Approved Site Plans. Prior to the issuance of a Certificate of
Occupancy, two as-built surveys shall be submitted to the Community
Development Department. The as-built surveys shall be in the same scale as the
approved site plan Mylar. In case of any conflicts the approved site plan shall
prevail.
Land Development Rel~ulations
City of Aventura, Florida Page 5-41
Section 510: Engineering Permits
510.1
Propose. The review of engineering plans and subdivision plans by the City's
Community Services Department and the issuance of the appropriate permits is
reqtfired to ensure that all work is performed in conformance with accepted
engineering standards and practices, and City specifications; and that all work is
completed in a timely manner.
510.2
Engineering Construction Permit. No land development activity including:
cleating and grubbing; filling or excavation work; road construction
underground utility installation and/or rehabilitation; and/or other activity shall
commence without first obtaining engineering plan approval, an engineering
construction permit, and paying the appropriate fee and bond as required.
510.3
Engineering Excavation Permit. No excavation shall co--ce without first
obtaining Engineering plan approval of the excavation activity, an Engineering
excavation permit, and paying the appropriate fee and bond as required.
510.4
Annual Permit for Mining, Quarrying or Excavation ;;5'~ E~&-:V,. An
annually renewable Engineering Permit issued in accordance with the regulations
of this Code shall not be transferable and shall be obtained prior to commencing
any resource extraction activity pursuant to this code. Said permit shMl be
renewed on the first day of each calendar year, subject to compliance with all
City requirements and regulations and the payment of any required fees and bond
510.5
Engineering Right-of-Way Crossing Permits. No right-of-way crossings that
involve the cutting or removal of pavements sb2dl commence without first
obtaining plan approval, an Engineering right-of-way crossing permit, and paying
the appropriate fee and bond as required.
510.6
Revocation of Engineering Permits. The City shall revoke an engineering
permit pursuant to any of the following situations:
(a)
City final plat approval has expired.
(b)
The security posted with the City to guarantee the construction
of the subdivision improvements is in default or has expired.
(c)
Failure to commence engineering constmction within one (1) year of
the date of the Engineering permit issuance and/or lapse of the
engineering work on the site for a period of greater than three (3)
consecutive months when there is no active City building
construction permit in effect on the site.
(d)
The absence of a designated Developer's Engineer of Record for a
period of seven (7) consecutive calendar days. Said Engineer shall be
Land Development Regulations
City of Aventura, Florida Page 5-42
as defined in Chapter 471, Florida Statutes, representing the
Developer, in responsible charge of the permitted engineering work
at all times. (Any successive Developer/Builder's Engineer for the
job shall be able to document and produce, upon request, evidence
that he or she has, in fact, repeated all the work done by the original
engineer, per the requirements of Chapter 61 Gl5 - 27.001 of the
Florida Administrative Code.)
(e)
Failure to maintain a safe building site as determined by the Chief
Building Official in accordance with City Code.
The Community Services Director or his designee shall notify the developer in
writing that it intends to revoke an engineering permit. The developer may appeal
the decision to the City Manager.
Land Development Regulations
City of Aventura, Florida Page 5-43
Section 511: Review of Building Permits
511.1
Purpose and Applicability. The building or :itc knprcvcmcnt permit and
certificate of occupancy represent the last point in the development review
process. All other approvals, permits and certificates required by the LDR must
be applied for and obtained before an application for a building permit may be
considered for approval by the City. The South Florida Building Code as
amended, is hereby adopted as the regulation goveming the construction of
buildings and structures in the City. Any qualified applicant desiring a permit to
be issued by the Building Official as required, shall file an application in writing
on a form provided by the Community Development Department for that
purpose. No development shall occur tmtil and unless the Building Division has
issued a building ~ permit.
511.2
Application requirements. Each application shall describe the land on which the
proposed work is to be done, by legal description and address; shall show the
use or occupancy of the building or structure; shall be accompanied by plans and
specifications as required; shall state the value of the proposed work; shall give
such other information as reasonably may be required by the Building Official
and the South Florida Building Code to describe the proposed work; and shah be
attested by the qualified applicant and property owner.
511.3
Action by Community Development Department. The Building Official shall
review all applications for building permits or certificates of occupancy for
compliance with the provisions of the LDIL the City Code and the South Florida
Building Code, as amended. The Building Division shall issue a building er site
improvemem permit if the applicant demonstrates that the proposed
development is in compliance with all applicable codes.
511.4
Permit Card. Upon approval of plans, specifications and application for permit
and the payment of the required fee, the Building Official shall issue a permit.
With each permit, the Building Official shall issue a permit card which shah bear
the description of the property, the nature of the work being done, the name of
the owner and contractor and other pertinent information; and such card shall be
maintained in a conspicuous place on the fi:ont of the premises affected thereby
during the hours of work in progress and available on demand for examination
by the Building Official.
Land Development Regulations
City of Aventura, FLorida Page 5-44
;12: Certificates of Occupancy
512.1
Purpose and Effect. No new building or structure shall be used or occupied
unless and until a certificate of occupancy or completion has been issued by the
Building Division. No addition or structural alteration to any existing building or
structure, other than a single-family detached dwelling, shall be used or occupied
until and unless a certificate of occupancy or certificate of completion has been
issued by the Building Division. No new non-residential use, and no change in
the occupancy of an existing non-residential use, shall be established until and
unless a certificate of occupancy or completion has been issued by the Building
Division.
512.2
Standards and Review. A certificate of occupancy shall be issued only after the
promises have been inspected and found to comply with all applicable standards
and requirements for the zoning district in which they-~ it is located, and that
the use or structure conforms to the plans and specifications for which the
building permit was issued.
512.3
Action by Building Division. The certificate of occupancy or completion shall be
issued, or notice shall be given to the applicant specifying the reasons a
certificate of occupancy or completion cannot be issued, no later than 14 days
from the date the application is made by the qualified permit holder requesting
issuance of Certificate of Occupancy or completion. No Certificate of
Occupancy or completion shall be issued until all inspections have been approved
by all required City and County Departments. The certificate of occupancy or
completion may be issued in the following forms:
(a)
Partial Certificate of Occupancy. A certificate of occupancy for less
than the entire built-out space in any given project may be issued
provided that basic life safety concerns have been provided for.
(b)
Conditional /Temporary Certificate of Occupancy. In situations
where life-safety concems have been provided for, a certificate of
occupancy conditioned upon the completion of specific enumerated
items may be issued.
512.4
Contents of Certificate. Every certificate of occupancy or completion shall be
dated, shall state the use or occupancy of the land or structure involved, shall
state that the use or occupancy complies with the terms of this Code, shall state
any conditions that may be applicable and shall be approved by and signed by the
Building Official.
512.5
Posted Notice of Issuance. Every certificate of occupancy required by virtue of a
change in use or occupancy in a non-residential zoning district shall be
penmnently posted in a prominent place on the premises at all times.
Land Development Regulations
City of Aventura, Florida Page 5-45
Section 513: Appeals
513.1
Purpose and Applicability. This section is intended to provide for appeals from
the decisions of decision-making and adminis~xative bodies having development
approval authority under the LDR or fi.om any written order, requirement,
decision, determination, or interpretation made by an administrative official in the
enforcement of these regulations. The right to appeal pursuant to this Section is
limited to the applicant for a development permit who believes he has been
aggrieved by a decision. The authority to decide appeals shall be as specified
herein.
513.2
Filing of Application and Notice of Appeal. An application and notice of appeal
authorized under the provisions of this Section shall be filed with the City
Manager. Applications shall be filed within 15 days of the signing of the written
order, requirement, decision, determination, or inteqxemtion of the LDRs. If an
application is filed, the City Manager shall then make a determination of
completeness.
513.3
Review. Upon receipt of a complete application the City Manager shall review
the application and schedule a public hearing to be conducted by the City
Commissior~ The City Manager shall forward a copy of the application to the
City Commission together with a report and reconmaendation smnmarizing the
facts of the case, any relevant documents and any connnents received on the
application.
513.4
Action by the City Commission. A public hearing shall be held by the City
Commission to consider the applicatior~ The applicant shall be advised in writing
of the hearing date and time. The City Commission shall review the application,
the report and reconm~endation of the Administration and consider the evidence
and testimony provided at the hearing. After the public hearing is held, the City
Commission shall issue a written decision and order granting the relief sought in
the application, with or without conditions, or denying the appeal.
Land Development Regulations
City of Aventura, Florida Page 5-46
Chapter 6: ARCHAEOLOGICAL AND HISTORICAL LANDMARKS
Section 601: Purpose
In the event archaeological resources are found in the City of Aventura this subsection is
established to preserve and protect through the identification, evaluation, and public
awareness of said resources.
Section 602: Standards for Designation of Archaeological and Historical Landmarks
Properties nmy be designated as Archaeological Sites only if they have significance in the
archaeological heritage of the area, state, or nation; and meet one or more of the following
criteria:
(a)
Are associated in a significant way with the life of a person important
in the past; or
Are the site of a historic evem with significant effect upon the
community, city, state, or nation; or
(c)
Exemplify the historical, culttmal, political, economic, or social tren&
of the community; or
(d)
Have yielded, or may-be are likely to yield, information important in
prehistory or history; or
(e)
Contains any subsurface remains or historical or archaeological
importance or any unusual ground format/oas or archaeological
significance; or
(f)
Is designated in the Aventura Comprehensive Plan and/or Florida
Master Site File.
~ection 603: Procedures for Designation
Properties which meet the criteria set forth in Section 602 above may be designated as
Archaeological or Historical Sites in accordance with the following procedures.
603.1
Proposals. Proposals for designation may be made by the owner, City
Commission or the City Manager and shall include but not be limited
to the legal description of the site, photographs of the site, a
statement of significance and other information supporting the
proposal.
603.2
Designation Report. For every proposed Archaeological Site, the
City Manager or his designee shall prepare a Designation Report
Land Development Requlations
City of Aventura, Florida Page 6-1
containing the following information:
(a)
Statement of Significance. A statement outlining the
significance of the proposed Archaeological Site, the
criteria upon which the designation is based and a physical
description of the property.
Boundaries. A map or maps indicating proposed
boundaries. Archaeological Site Boundaries shall generally
conform to natural physiographic features which were the
focal points for prehistoric and historic activities or may be
drawn along property lines, streets, or geographic features
to facilitate efficient management.
Recommendation. The Designation Report shall also
contain a recommendation on whether the City
Commission should designate the property as an
Archaeological Site.
603.3
Consideration by City Commission~ The City Commission shall
conduct a public hearing to determine whether the proposed
Archaeological Site meets the criteria outlined herein for the purpose
of considering all proposed designations and shall approve, approve
with conditions, amend or deny the proposed designation.
603.4
Appeals. Appeals from decisions of the City Commission may be
made to the com'ts as provided by the Florida Rules of Appellate
Procedure. The decision of the City Commission shall be final and
remain in effect during the entire appeal process, unless stayed by a
court of competem jurisdiction.
Section 604: Effect of Designation
Upon designation, no new construction or ground disturbing activity shall be permitted
within the designated Archaeological Site without the issuance of a Development Approval
by the City Commission. No permits shall be issued by the City for any work until such
approval is granted.
Section 605: Procedures for Obtaining Development Approval
605.1
Preapplication Conference. Before submitting an application for a
Development Approval, an applicant is encouraged to confer with the
city to obtain information and guidance.
605.2
Application for Development Approval. The applicant shall submit to
the City an application together with supporting exhibits and other
Land Development Reqnlations
Cily of Aventllra, Florida Page 6-2
material as required by the City.
605.3
Decision of the City Commissior~ The decision of the City
Commission shall be based upon the Guidelines, as well as the general
purpose and intent of this subsection and any specific design
guidelines officially adopted for the particular Archaeological Site.
605.4
Expiration of Development Approval. Any Development Approval
issued pursuant to the provisions of this section shall expire twelve
(12) months fi.om thc date of issuance, unless the authorized work is
commenced within this time period. Any work that ceases for a
continuous period of three (3) months shall cause the expiration of
the development approval.
Section 606: Guidelines for Issuing Development Approval
No Development Approval shall be issued by the City Commission for new construction
excavation, tree removal, or any ground disturbing activity unless there is substantial
competent evidence that the work will not alter the character and integrity of the
Archaeological Site. Where it is determined that the character and integrity of the
Archaeological Site will be altered, the City Commission may grant the Development
Approval if the Applicant can show that a denial of the Development Approval will result in
an unreasonable economic hardship. The City Commission, in granting a Development
Approval, may require one or more of the following:
6)
Scientific excavation and evaluation of the site at the
Applicant's expense by an archaeologist approved by the
City Commission.
An archaeological survey at the Applicant's expense
conducted by an archaeologist approved by the City
Commission containing an assessment of the significance
of the Archaeological Site and an analysis of the impact of
the proposed activity on the Archaeological Site.
Mitigation, including protection or preservation of all or
part of the Archaeological Site for green space.
Section 607: Administration, Enforcement, Violations, and Penalties
607.1
Enforcement. The Community Development Department shah assist
the City by making necessary inspections in connection with the
enforcement of this subsection. The Department shall be respons~le
for promptly stopping any work attempted to be done without or
contrary to any Development Approval required under this
subsection; and shall further be responsible for ensuring that any work
Land Development Requlations
City of Aventura, Florida Page 6-3
607.2
607.3
not in accordance with a Development Approval is voluntarily
corrected to comply with said Development Approval.
Violation and Penalties. Any person who carries out or causes to be
carded out any work in violation of this subsection shall be required
to restore the Site either to its appearance prior to the violation or in
accordance with a Development Approval by the City.
Conflicts. Where there are conflicts between the requirements of this
subsection and other provisions of this Code or other Codes coveting
the same subject, the most restrictive requimmems shall apply.
Land Development Requlations
City of Aventura, Florida Page 6-4
Chapter 7: USE REGULATIONS
Section 701. Zoning Districts.
701.1
Purpose. In order to effectively protect and promote the general welfare and to
accomplish the purposes of the City's Comprehensive P~
........... ~,. .......... the City ~s divided into districts of such number,
shape and area, and of such common unity of purpose, adaptability and use that
are deemed most suitable for the health, safety and welfare of the conanunity, so
701.2
Division of City into districts. For the purpose of regulating the use of land
water, ,,~,~ building ........ ~.., bu!!fform, population density, the intensity of use
and provision of open space, the City of Aventura is hereby divided into the
following districts:
Conservation District (CNS)
Residential Districts (R)
Single Family
Residential (RS 1)
Residential (RS2)
Medium Density
Residential (RMF3)
Medim High Density
Residential (RMF4)
Business Districts (B)
Neighborhood Business (BI)
Community Business_(B2)
Heavy Business (B3)
Office Park (OP)
Medical Office (MO)
Town Center District (TC)
Town Center (TC1)
Industrial District (M)
Light Industrial (MI)
Land Development Regulations
City of Aven~ra, Florida Page 7-1
701.3
701.4
701.5
701.6
701.7
Community Facilities District (CF)
Recreation/Open Space District (ROS)
Utilities District (U)
The Zoning districts contained herein generally correspond by name and purpose
to the categories of the City of Aventura's adopted Land Use Plan, however;
some districts may be applied to more than one future Land Use Map category.
Water Area~ The water surfiw~ and land under the water surface of all canals,
intmcoastal waterways, lakes and other water areas in the City not otherwise
d is h by placed in the CNS ning district .......
Districting Of Vacated Ways. Where a street or alley shown on the zoning
district map is hereafter officially vacated by re - platting or otherwise, the land
formerly in such street or alley right - of-way shall be included within the zoning
district of adjoining property on either side of said vacated street or alley. In the
event such street or alley was a district boundary between two (2) or more
different zoning districts, the new district boundary shall he the former center line
of the vacated street or alley.
Boundaries of Districts. Unless otherwise shown, the zoning district boundaries
are street center lines, alley center lines or subdividing or boundary lines of
recorded plats or the extensions thereof.
z~ctive !c~d --,~,z p~z~ The City Commission at the time of annexation shall
assign the zoning district applicable to the annexed area consistent with the
requirements of this Code.
Designation of Zoning Districts on Zoning Map. No later than sixty (60) days
alter the adoption of the Land Development Regulations, the City Manager shall
present for City Commission adoption a new Official Zoning Map_. ~
.
Land Development Regulations
City of Aventura, Florida Page 7-2
Land Development Regulagions
City of Aventura, Florida Page 7-3
Section 702. Conservation Zoning District
702.1
Purpose. The Conservation (CNS) District is intended to provide for only those
uses compatible with the continuing conservation of the natural resources
located within the district. This zoning district s~,a!! may be applied to all land
designated on the City's Future Land Use Map as water or parks and recreatior~
702.1.1
Uses Permitted. No building or structure, or part thereof~ within the
district 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) Passive Outdoor recreational uses such as wildlife sanctuaries
and feeding stations, nature centers and trails, outdoor research
stations and walkways.
(b) Fishing, boating and camping facilities.
(c) Structures used for flood control, drainage and water storage.
(d) Wetlands.
(e) Uses which do not impair the natural environment or disturb the
natural ecosystem of the area and which are not in conflict with
applicable water management and wildlife protection policies of
local, state and federal agencies.
(f) Waterways.
Land Development Regulations
City of Aventura, Florida Page 7-4
Section 703 Residential Zoning Districts
703.1
Residential Districts. These residential districts are intended to provide for
residential development in conformance with the parcel's Future la`n~ Land use
Use pla`'l Map designatiom A residential parcel's zoning designation shall be
equivalent to the designation of the Future Land Use ?a`-~Map. The number of
dwelling units permitted per gross acre of a zoning parcel, as defined in the
LDILs_, shall not exceed the total number of dwelling units permitted by the City's
Lmiad4CoeComprehensive Plan designation for the zoning parcel. The uses within
this district shall be cons'ment with, but may be more restrictive than, the
corresponding Residential Land Use Plan category or Town Center Land Use
Plan category permitted uses. These zoning districts shall be applied to land
designated Residenfml on the City's Furore Land Use pla,': ,Map. A development
parcel may have a maximum number of dwelling units based on an adopted
development orders or resolution.
703.2
Residemial Single-Family Districts (RS1). The following regulations shall apply
to thrall RS1 districts:
703.2.1
Purpose of District. The RS1 zoning district Js 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 ~:-~" thirteen
(813) units per net acre.
703.2.2
Uses Permitted. No building or structure, or part thereot~ 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) One family detached dwelling.
(b) Publicly owned recreation buildings and facilities, playgrounds,
playfields and parks.
(c) All uses permitted in CF district.
(d) Uses accessory to any of the above uses when located on the
same plot.
703.2.3
Site Development Standards.
(a) Minimum Lot Area: 7,500 square feet
(b) Minimum Lot Width: 75 feet.
(c) Maximum Height: 2 stories or 30 feet above the cemerline of the
road whichever is less.
(d) Plot Coverage: The combined plot area covered by all principal
and accessory buildings shall not exceed 35% of the area of the
lot.
(e) Setbacks:
Front Yards: Minimum of 25 feet in depth.
Side Yards: Minimum of 8 feet. A comer side setback shall be
l~and Development Regulations
City of Aventura, ]?lorida Page 7-5
15 feet on the side ofthe plot abutting on the side street.
Rear Yards: Minimum of 25 feet.
(4)- Floor Areas. The minimum floor area not including garage or
unairconditioned areas shall be 2,500 square feet. -T!~,e mmrL':':~m
floor area rot Lnck:d.L-:g ga~,e or un~rcon~d~v~ areas gF~q!! ~
703.3
Single Family Residemial Districts 0LS2). The following regulations shall apply
to all R~_2 districts.
703.3.1
Purpose of Districts. 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 twe~
(12)twenty-five (25) units per net acre.
703.3.2
Uses Permitted. No building or structure, or part thereof; shall be
erected, altered or used, or land used in whole or pan for other than
one or more of the following specific uses:
(a) One family detached dwelling.
(b) All uses permitted in the CF district.
(c) Publicly owned recreation buildings and facilities, playgrounds,
playfields and parks.
(d) Uses accessory to any of the above uses when located on the
same plot.
(e) Zero lot line dwelling units.
703.3.3
Site Development Standards.
(a) Minimum Lot Area: 4,000 square feet
(b) Minimum Lot Width: 40 feet.
(c) Maximum Height: Three (3) stories, not to exceed 55 or 25 feet
above the centerline of the mad whichever is less.
(d) Plot Coverage: The combined plot area covered by all principal
and accessory buildings shall not exceed 45% of the area of the
lot.
(e) Setbacks:
Front Yards: Minimum of 4~-10 feet in depth for a maximum
of 50% of the lot fi'ontage. In all cases a minimum distance of
20 feet shall be maintained between the garage door and the
right of way line.
Side Yards: Minimum of 5 fc~ a.n~ v, Stk 6 feet in width for a
maximum of 50% of the lot depth ~,vo ~ory units. F~r zere, !,vt
Land Development Regulations
City of Aventura, Florid* Page 7=6
703.4
~+~,n~o t ....~:~ c~, a la n~ 5 n~ 5) A comer side
setback shall be 15 feet on the side of the plot abutting on the
side street.
Rear Yards: Minimum of 15 feet. All lots which border in the
rear of the lot upon a canal or waterway shall provide a
minimum setback of 25 feet in depth from the edge of water or
property line, which ever provides the greater setback.
(f) Floor Areas. The minimum floor area not including garage or
tmairconditioned areas shall be 1,500 square feet. The mnv:~,,~m:'~
Multi - Family Medium Density Residential Districts (RIvlF3). The following
regulations shall apply to all RMF3 districts:
703.4.1
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 twenty (25) units per
gross acre.
703.4.2
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) Two - family dwellings.
(b) Triplexes and Quadmplexes
(c) Townhouses not to exceed 6 units in any one group.
(d) Low Rise Apamnents
(e) Mid Rise Apartmems.
(f) All uses permitted in CF district.
(g) Publicly owned recreation buildings and facilities, playgrounds,
playfields and parks
(h) Uses accessory to any of the above uses when located on the
same plot.
703.4.3
Site Development Standards.
(a) Minimmn Lot Area and Width: Duplexes: Each dwelling of a
two family structure shall be located on a plot not less than 60
feet in width and 4,000 square feet in area. Townhouses: Not less
than 160 feet in width and 16,000 square feet in plot area.
Where townhouse dwellings are designed, arranged and
constructed for the ownership of each dwelling trait and the land
thereunder by a separate and different owner, each dwelling unit
may be located on a lot not less than 20 feet in width, and 80 feet
[,and Development Regulations
City of Aventura, Florida Page 7-7
in depth. Each dwelling unit of a Quadmplex shall be located on
a lot of minimum of 1,600 feet. Low and Mid Rise Apartments:
Not less than 100 feet in width and 16,000 square feet in plot
area.
(b) Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3
stories or 35'. Low and Mid Rise Apartments: 4 stories or 45'.
(c) Plot Coverage: The combined plot area covered by all principal
and accessory buildings shall not exceed 40% of the area of the
lot.
(d) Setbacks:
Front Yards: Minimum of 25 feet in depth.
Side Yards: Townhouse and Duplexes: Principal Structure l0
feet where applicable. Upon corner plots in all zoning districts
included in this section there shall be a frontyard as herein
specified, and in addition thereto, a side yard at least 20 feet in
width on the side of the plot abutting on the side street. Low
Rise and Mid Rise Apartments: 25 feet in depth.
Rear Yards: Minimum of 25 feet.
(~) Floor Areas: The minimum floor area not including garage or
unairconditioned areas shall be 1,500 square feet. 2Lh~,e m~":~:'~
(0 Minimum Distances Between Buildings: Smr~.,.~rd Principal
buildings shall be separated by at least 30 feet at the closest point
or by the sum of the building heights divided by two, whichever
is greater.
(g) Minimum Floor Areas: The minimum floor area not including
garage or unairconditioned areas shall be as follows:
Multiple family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square
feet.
Efficiency units shall not exceed twenty (20) percent of the total
number of units within a building.
(h) Minimum Open Space: 35% of the total lot area. Said open
space shall be unencumbered with any structure or off-street
parking, and shall be landscaped and well maintained with grass,
trees, and shrubbery.
(i) Access~ility: All multi - family development projects within the
zoning district shall provide a walkway that links buildings and
parking areas to onsite amenities.
(j) Floor Area Ratio: The floor area ratio shall not exceed the
lbllowing, provided, however, that structure parking shall not
count as a part of the floor area, but shall be counted in
computing bt~ding height.
Land Development Regulations
City of Aventura, Florida Page 7-8
703.5 Multi -
Height of Build'mg Floor Area Ratio
1 story 0.30
2 story 0.50
3 story 0.75
4 story 0.80
5 story 0.85
Family High Density Residemial Districts (RMF4). The following
regulations shall apply to all RMF4 districts:
703.5.1
Purpose of Districts. The propose and intern of this district is to
provide suitable sites for the development of well planned,
environmentally compatible medium-high density multifamily
residenfml use in areas consistent with the City's Comprehensive Plan
Future Land Use Element. Densities shall not exceed s'mty (60) units
per gross acre.
703.5.2
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)
(b)
(c)
(d)
All uses permitted in the RMF3 district.
High Rise Apartments.
All uses permitted in the CF district.
Publicly owned recreation buildings and facilities,
playgrounds, playfields and parks
ALF
Uses accessory to any of the above uses when located
on the same plot.
703.5.3
Site Development Standards.
(a) Minimum Lot Area and Width: Duplexes Townhouses Low and
Mid Rise: As required in the RMF3 zoning district. High Rise
Apartments: Not less than 100 feet in width and 16,000 square
feet in plot area~
(b) Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3
stories or 35'. High Rise Apartments: 40 stories or 400'. Each
proposed building or structure which exceeds one hundred (100)
feet in height shall be designed and situated such that the shadow
created by the sun at 12:00 noon on December 21 (a sun angle of
forty-one (41) degrees) will not fall on any adjacent property
except for public road fights-of-my. Shadow studies shall be
provided to the Community Development Department.
Plot Coverage: The combined plot area covered by all principal
and accessory buildings shall not exceed 40% of the area of the
lot.
Setbacks:
(c)
(d)
I,and 1)evelopment Regulations
City of Aventura, Florida Page 7-9
Front Yards: Minimum of 25 feet in depth.
Side Yards: Townhouse and Duplexes: Principal Structure 10
feet. Upon comer plots in all zoning districts included in this
section there shall be a fi~ntyard as herein specified, and in
addition thereto, a side yard at least 20 feet in width on the side
of the plot abutting on the side street. Low, Mid and High Rise
Apartments: 25 feet in depth.
Rear Yards: Minimum of 25 feet.
(e) Minimum Distances Between Buildings: Primary use buildings
shall be separated by at least 30 feet at the closest point or by the
sum of the building heights divided by two, wtfichever is greater.
(0 Minimum Floor Areas: The minimum floor area not including
garage or unairconditioned areas shall be as follows:
Multiple family dwelling trait:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square
feet.
Efficiency units shall not exceed twenty (20) percent of the total
number of units within a building.
(g) Minimum Open Space: 40% of the total lot area. Said open
space shall be unencumbered with any structure or off-street
parking, and shall be landscaped and well maintained with grass,
trees, and shrubbery.
(h) Accessibility: All multi - family development projects within the
zoning district shall provide a walkway that links buildings and
parking areas to onsite amenities.
(i) Floor Area Ratio: The floor area ratio sh~'tll not exceed the
following, provided, however, that structure parking shall not
count as a part of the floor area, but shall be cotmted in
computing building height.
Height of Building Floor Area Ratio
I story 0.40
2 story 0.60
3 story 0.80
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8 story 1.80
9 story or over 2.00
Land I)evclopmcnt Rcgult~ions
City of Aventura, Florida Page 7-10
Section 704 Business Zoning Districts
704.1
Purpose. These business districts are intended to provide for commercial
development in confonmnce with the Comprehensive Plan and allow provide for
a variety of zoning districts to accommodate the City's business and commerce
~-* ....... ;~ ..... These zoning districts 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.
704.2
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.
704.2.1
Uses Permitted. No building or structure, or part thereo£ shall be
erected, altered or used, or hnd used in whole or part for other than
one or more of the following specific uses provided the requirements
set tbrth elsewhere in this section are satisfied:
(a) Grocery stores and pharmacies with each store limited to two
thousand (2,000) square feet of total floor area
(b) Stores for sale of new merchandise, directly to the ultimate
consumer only, with each use limited to five thousand (5,000)
square feet of total floor area per c~",~uo~ar, cr~ use and limited to
the following: hardware, bakery, shoes, dairy, meat market
poultry shop, bookstore, newsstand, tailor shop, florist, gifdcard
shop, optical, sporting goods, leather goods, music store
luggage, sundries, notions, tobacco products, bicycle sales
rentals and repairs, clothes, jewelry, arts and crafts, pottery
shops, paint and wallpaper, artist studios and galleries, camera
shops, small electronics and picture flaming shop.
(c) Personal services with each use limited to twenty-five hundred
(2,500) square feet of total floor area per estabtistmaem-us~e
and limited to the following: dry cleaning (not conducted on
premises), manicurist, travel agency, barbershop, beauty shop,
shoe repair, video rental, postal facilities, drugstores, interior
design, consumer electronic repair and small appliance repair,
tailoring and alterations, photographic film pickup,
laundromat open not earlier than 7:00 a.m. and not closed
later than 11:00 p.m., and restaurant without drive-through
facilities.
(d) Offices~l~"-'~ vl~ ~...a.~:~_~o .... uses such as the following, limited to
l,and Development Regulations
City of Aventura, Florida Page 7-11
704.2.2
704.2.3
twenty thousand (20,000) square feet per cgtab~J:~ment use:
professional, business offices, medical out patient or dental
offices or clinics.
(e) Banks and financial institutions, excluding drive-through
facilities, limited to twenty thousand (20,000) square feet per
establishment.
(f) Nursery school, child center or adult daycare subject to the
following standards:
a. Building shall be located at least thirty (30) feet from any
"R" zoned lands.
b. At least one completely fenced and secured play lot shall
be established, maintained and used for children at play. The
fence shall be not less than five (5) feet in height.
c. Play lots located closer than fifty (50) feet to the plot line
shall be screened by an opaque fence or wall or compact
evergreen hedge not less than five (5) feet in height.
(g) Institutions such as places of worship, libraries, museums
and similar facilities.
(h) Antique shops.
(i) Restaurants and coffee houses or dining room where kitchen
is screened or located altogether within an enclosed building
or room and with ample provisions for carrying away or
dissipating fumes, odors, smoke or noise and where premises
are so arranged and the business is so conducted as not to be
offensive or obnoxious to occupants of adjoining premises or
to passersby. Restaurants and cafes may serve alcoholic
beverages where such service is strictly incidental to the
service of food and fi.om a service bar only provided no
entertainment of any kind is furnished. No sign of any type
or character shall be exhibited or displayed to the outside
denoting that alcoholic beverages are obtainable within.
(j) Uses accessory to any of the above uses when located on the
same plot.
(k) All uses permitted in the CF district.
Conditional Use. The following uses may be established if firsl
approved as a Conditional Use:
· Outdoor cafes.
Residential uses as a combination of permitted business
uses and residential uses housed in the same building;
the floor area of the residential use shall not exceed
fifty (50) percent of the floor area of the building.
· Drive - thru facility.
Uses Prohibited. The permitted uses enmm~ated in this district shall
not he construed to include, either as a principal or accessory use,
any of the following:
I~and Development Regulations
City of Aventura, Florida Page 7-12
704.3
(a) Any use not specifically permitted.
(b) Adult entertainmem establishments as defined in the Land
Developmem Regulations.
(c) Sale of goods to other than the ultimate consumer.
(d) Sales, display or storage of used merchandise other than
antiques.
(e) Sale of alcoholic beverages for on-premises consumption
except with meals.
(f) Sale of fruit or merchandise from trucks, wagons or other
vehicles parked on or along public or private streets or fi.om
open stands or vacant lots. Such business on private or public
property shall be conducted only fi.om within approved
permanem substantial buildings.
(g) Purchase of used goods.
704.2.4
Limitations Of Uses And Structures. Except for autoinobile
parking lots and play areas of day nurseries of public and private
schools, all activities of permitted uses, including sale, display,
preparation and storage, shall be conducted entirely within a
completely enclosed building. Storage shall not be made above the
height of the walls. Overhead doors or other openings larger than
eight (8) feet in width shall not be located on the from or immediate
street side elevations of buildings. If oriented toward contiguous
residentially zoned land said opening shall be screened in accordance
with the requirements contained in this Code.
704.2.5
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage: The floor area ratio shall
be forty hundredths (0.40) at one (1) story and shall be
increased by eleven-one-hundredths (0.11) for each additional
story. Structure parking shall not count as part of the floor
area, but shall be counted in computing building height and
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed forty (40) percent of the
total lot area. Enclosed or nonenclosed mall areas shall not
count as part of the floor area, for floor area ratio
computation purposes.
(b) Maximum Height: 2 stories or 35 feet
(c) Minimum Lot Area and Width: The minimum required width is
110 feet and the width is 20,000 square feet.
(d) Setbacks: Except as otherwise provided every plot shall have a
front yard not less than twenty-five (25) feet in depth. Every plot
shall have a street side yard of not less than twenty (20) feet in
depth. There is no side or rear yard setback for a plot which is
not adjacent to a street or alley.
Community Business 032) District. This district is intended primarily to provide
City of Aventura, Florida Page 7-13
for general commercial activity for a wide range of goods and services to the
entire community and sub region. Such businesses generally require locations
convem'ent for both vehicular and pedestrian traffic and would be expected to
have orientation toward and direct access to arterial roadways.
704.3.1
Uses Permitted. No building or structure, or part thereof, shall be
erected, akered or used, or land used in whole or part for other than
one or mom of the following specific uses provided the requirements
set forth elsewhere in this section are satisfied:
(a) Any use permitted in a B1 District subject to the requirements
of that district as outlined herein.
(b) Auditoriums.
(c) Automobile new parts and equipment, sales only.
(d) Bait and tackle shops.
(e) Banks, including drive-in teller service.
(f) Billiard rooms and pool rooms
(g) Dancing halls or dancing academies in air conditioned buildings
providing that such establishments are not located closer than
five hundred (500) feet to an R District.
(h) Dog and pet bospitals in air-conditioned buildings.
(i) Dry cleaning establishments, using noninflammable solvents in
self-contained dry cleaning units of the Prosperity type or
Dedrick type or an equal, provided such establishments contain
not more than four thousand (4,000) square feet of floor area
(j) Electrical appliance and fixtures stores including related repair
shops.
(k) Employment agencies.
(1) Furniture stores, retail of new merchandise only.
(m) Grocery stores and supermarkets.
(n) Handcrafted-products shop.
(o) Health and exercise clubs and spas.
(p) Department stores.
(cO Lawn mowers, retail, sales and service.
(r) Mortuaries or funeral homes.
(s) Motorcycles sales and repairs.
(t) Pet shops and dog beauty parlors in air-conditioned buildings.
(u) Post office stations and branches,-,v~.~,,~'~
~ which directly serve the public.
(v) Liquor Package stores
(w) Restaurant, night clubs, lounge, and catering.
1. Outdoor play equipment: Play equipment areas shall be
placed in walled-in or fenced-in areas only. The wall
design and/or fence must bo compatible in design,
materials, and color with the main structure. Between any
such areas and adjoining sidewalks, parking spaces or
other vehicular use areas, a landscape strip of no less than
Land Development Regulations
City of Aventura, Florida Page 7-14
five (5) feet shall be provided containing trees and tall
shrubs of three (3) feet minimum height. Play equipment
shall be limited to a maximum height often (10) feet or
the height of the fascia, whichever is lower. The colors of
the play equipment shall be compatible with the main
building colors.
(x) Printing shops.
(y) Automobile parking garages, not over six (6) stories in
height.
(z) Office parks.
(aa) Indoor commercial recreation uses limited to martial arts,
dance and exercise studios. There shall be a maximum of
twenty-five hundred (2,500) square feet of total floor area
per establishment and no more than one per business center.
(bb) Automatic car washes are permitted as an accessory use
subject to the following conditions:
1. The car wash must be accesso~ to and operating as a
secondary service to the service station.
2. The accessory operation shall be fully automatic
requiring no employees for car wash related services.
3. Maximum capacity of the accessory car wash shall be
one (1) vehicle.
4. The accessory car wash must have a working oil/sand
interceptor to which all drainage from the car wash must
flow.
5. Buffering where the accessory building includes an
opening of at least eight (8) feet in width or height:
(a) Where said building is sixty (60) feet or less from
'R" zoned land and the opening faces the "R" zoned
land, a wall or berm eight (g) feet in height shall be
required to screen the opening. The bern~ together
with any plantings, shall be a minimum of slx (6) feet in
height at the time of installation. The berm and
plantings shall be maintained at an eight (8) foot height
and shall be designed and maintained in a manner that
will provide an opaque visual buffer.
(b) Where the opening is located on the front or
immediate streetside elevation of a building, a wall with
a height of five (5) feet shall be required to screen the
opening. A five (5) foot landscape strip shall be
provided on the streetside of said wall. The strip shall
be landscaped with a minimum of two (2) trees, and
two (2) shrubs or vines for each five (5) l~et of wall.
(c) Alternate methods of achieving the opaque visual
buffer may be approved by the Community
Development Director.
6. In no event shall required walls, berms or plantings
Land I)evelopment Regulations
City of Aventura, Florida Page 7-15
704.3.2
conflict with the required Sight Visibility Triangle.
(cc) Hand car washes are permitted as an accessory use subject
to the following conditions:
1. The car wash must be accessory to and operating as a
secondary service of the service station.
2. The accessory car wash must meet all landscape and
buffering requirements as outlined in this Code.
3. The accessory car wash must have a working oil/sand
interceptor to which all dra'mage fi.om the car wash must flow.
4. Hours of operation shall not exceed hours of operation of
the service station.
5. Traffic circulation standards on site shall provide a
minimum of six (6) vehicle stacking spaces, which spaces may
be utilized as stacking spaces, separate parking spaces or a
combination of the two. Any stacking shall be located in such
a way as to avoid conflicts and provide safe turning
movements.
(dd) Hotels, motels, resorts and time share units, subject to the
following:
1. The minimum plot area shall be two (2) acres. ,
2. Any outdoor recreation areas includin~ surimming
pools shall be located at least twenty-five (25) feet from
the plot line of any adjacent residentially zoned property
and screened from any such adjacent properties in
accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in a
motel or hotel, which includes all areas to be individually
rented by a customer, shall be three hundred (300) square
feet.
(ee) Accessory uses and structures.
Conditional Use. The following uses if first approved as a Conditional
Use:
· Regional Malls.
· Dockage for and boats carrying passengers on excursion
sightseeing, pleasure or fishing trips.
· Automobile washing.
Sell'storage facility.
· Heliport landing sites
· Auction sales.
· Indoor commercial recreation uses including, but no
limited to: theater, bowling center, miniature golf, skating
rink, health clubs and physical fitness facilities.
Land Development Regulations
City of Avent'ur~, Florida Page 7-16
The w~ ' ' '
· Service stations, subject to the following regulations:
1. The minimum lot area shall be twenty thousand
(20,000) square feet.
2. The minimum fl'ontage on a street shall be one hundred
fifty (150) feet.
3. The minimum setback of any building from all street lot
lines shall be sixty-five (65) feet.
4. The minimum setback of gasoline pumps from any
street lot lines shall be fi~y (50) feet.
5. At the terminus of any pump island, a planter area of a
minimum of two feet shall be provided to accommodate a
small tree (ten (10) feet maximum) and ground
cover/shrubs.
6. Gasoline vent stacks are to be placed either in the rear
half of the property, or away fi'om the street enclosed
within a decorative structure or painted an inconspicuous
color.
7. Parking shall be permitted only in designated areas
except when the vehicle is fueling.
8. Service stations within two hundred (200) feet of
properties in residential, community facility or parks and
recreation zoning districts shall protect those properties
from headlight glare, undesirable noise and views by the
following:
(a) A decorative masonry wall, of unifbrm appearance
six (6) feet in height, above finished grade, except
along street frontages abutting a right-of-way with a
width of eighty (80) feet or greater.
(b) A five-foot wide landscape area which shall be
outside the wall and consist of a two-foot high
continuous hedge at the time of planting and be
maintained at a height of at least four (4) feet.
(c) Such masonry wall and landscaping shall be
maintained in good condition at all times. This
masonry wall and landscaping may be interrupted by
normal entrances or exits, and shall have no signs hung
or attached thereto.
9. All services except those routinely performed at full
service pump island shall be conducted within the
Land Development Regulations
City of Aventura, Florida Page 7-17
704.3.3
704.3.4
building. No major repairs shall be performed
including air, water or vacuum).
Uses that exceed the height limitations.
(not
Uses Prohi'oited. The permitted uses enumerated in this district shall
not be construed to include, either as a principal or accessory use,
any of the following:
(a) Any use not specifically permitted.
(b) Adult entertainment establishments as defined in the Land
Development Regulations.
(c) Sale of goods to other than the ultimate consumer.
(d) Offpremises catering.
(e) Sales, display or storage of used merchandise other than
antiques.
(f) Purchase of used goods.
(g) Sale of fruit or merchandise from trucks, wagons or other
vehicles parked on or along public or private streets or from
open stands or vacant lots. Such business on private or public
property shall be conducted only from within approved
permanent substantial buildings.
Limitations Of Uses And Structures. All activities of permitted uses
including sale, display, preparation and storage shall be conducted
within a completely enclosed building except as follows:
a)
Open-air retail sales of plant materials not grown on site
home garden supplies and related merchandise (garden
shop) are permitted as an accessory use to a retail
business subject to the following conditions:
The garden shop must be accessory to and operating as a
part of a retail business.
Total square footage of the garden shop shall not exceed
the total square footage of floor space within the
principal retail business.
An accessory garden shop shall be enclosed by at least an
eight-foot wall; the wall on the side contiguous to the
main structure must be solid concrete or masonry;
however, the three noncontiguous walls may be
constructed with up to fifty percent (50%) of the eight-
foot height in these locations consisting of decorative or
ornamental fencing (not chain link fencing or similar
· ~. ..... :-.o · *~' ..... " N hin ry ppli
inventory, products, equipment or other materials other
than living plant materials and the pots in which they are
planted, shall be visible through the openings in the wall
Land I)evelopment Regulations
City of Aventura, Florida Page 7-18
fi:om the property line of the development boundary. One
(1) side of the garden center shall be contiguous to the
principal use to which it is accessory.
4. Stocking of the garden shop shall be done internally or
through a single gate at the rear of the premises.
5. No more than one (1) other gate in addition to the gate
described in 4, above, at the rear of premises shall be
provided to allow bulky Rems to be carded out for
customer pickup.
b) Any storage activity must be enclosed by a concrete or
masonry wall at least eight (8) feet in height. No
machinery, supplies, inventory, products, equipment or
materials, other than landscaping, exceeding eight (8) feet
in height shall be allowed in such permitted area.
Outdoor seating area when utilized as an accessory use to
a restaurant.
Play areas of day nurseries or public or private schools.
Any drive-thru business.
Refueling areas of vehicle service stations.
Tennis, racquetball, squash and handball courts,
swimming pools, and nmning tracks, and outdoor seating
areas appurtenant thereto.
Overhead doors or other openings larger than eight (8)
feet in width and eight (8) feet in height shall not be
located on the fi:ont or mediate streetside elevations of
buildings. If oriented toward contiguous residentially
zoned land said opening shall be screened with a masonry
or stucco wall in accordance with the requirements
contained in this chapter.
e)
d)
e)
g)
704.3.5
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage: The floor area ratio shall
be forty hundredths (0.40) at one (1) story and shall be
increased by eleven-one-hundredths (0.11) for each additional
story. Structure parking shall not count as part of the floor
area, but shall be counted in computing building height and
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed forty (40) pement of the
total lot area. Nonenclosed mall areas shall not count as part
of the floor area, for floor area ratio computation purposes,
nor as part of the lot coverage.
(b) Maximum Height: 20 stories or 200 feet. That portion of the
building or structure within 200 feet of any residential zone sb~fll ~
be subject to a height limitation of 1 foot for every 2 feet in
distance fi'om the residential zoned plot unless the application of
this requirement would limit the building height !egg t~n to a
minimum of 25 feet.
Land l)evelopment Regulations
City of Aventura, Florida Page 7-19
704.4
(c)
(d)
Minimum Lot Area and Width: There shall be no minimum
required width or area of plot except as otherwise provided.
Setbacks: Except as otherwise provided every plot shall have a
than .... ~ ....t~ twenty five (25) feet in
front yard not less
depth. Every plot shall have a street side yard of not less than
twenty (20) feet in depth. There is no side yard setback for a plot
which is not adjacent to a street or alley. A side and rear yard
setback of 20 feet is required when adjacent to a residentially
zoned district, street or alley, i
Heavy Business (B3) District. This district is intended to provide locations for
planned commercial centers, sharing a conanon 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 itselfi
Such commercial concentrations are expected to draw substantial patronage
fi:om 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 medal roadways, particularly major arterials.
704.4.1
Uses Permitted. No building or structure, or part thereofi 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 use permitted in a B1 or B2 District subject to the
requirements of that district as modified herein.
(b) Sales and installation of automobile tires, batteries and
window tinting.
(c) Commercial transportation business including taxi dispatch,
bus and tram depot.
(d) Motor vehicle repair and service garage.
(e) Automobile car washing.
l,and Development Regulations
City of Aventura, Florida Page 7-20
704.4.2
704.4.3
(f) Telephone exchange and telemarketing.
(g) Offpremises catering.
(h) Appliance, furniture and small equipment rental agencies.
(i) Contractor shops subject to the following limitations; The
' activity shall be limited to twenty-five hundred (2,500) square
feet. Loading zones and parking areas for employees shall be
adequately screened from public view from thoroughihres and
adjacent residential districts.
(j) Professional and research and development offices.
(k) Accessory uses and structures.
Conditional Use. The following uses may be established if first
approved as a Conditional Use:
· Buildings or structures exceeding the height limitations set
forth in this section, up to an additional maxin~um height of
100 feet.
· Heliports, helistops and off-heliport landing sites
· Sale or rental of automobiles, trucks, trailers, motor homes
and boats.
· Storage and distribution facilities.
Additional Uses Permitted. The following uses shall only be permitted
in the B3 Zone:
(1) Adult bookstore;
(2) Adult theater;
(3) Adult night club;
(4) Adult video store;
(5) Massage establishment;
(6) Adult modeling establishment;
(7) Adult photography studio;
(8) Encounter studio.
None of the uses set forth in this subsection shall be permitted (i)
within one thousand (1,000) feet of a private school, public
school, house of worship, public park, public library, day care
center or nursery for children or adults; (ii) within one thousand
(1,000) feet of any of the uses described in subsection 704.4.3;
and (iii) within six hundred, sixty (660) feet of any "R" zoning
district; provided, however, that the spacing requirements above
shall not apply where the adult entertainment use is separated
from a private school, public school, house of worship, public
park, public library, day care center or nursery for children or
adults and within six hundred sixty (660) feet of any R zoning
district by a county or state road of not less than five (5) lanes, an
expressway, a river or lake. All other distance and spacing
requirements outlined herein shall apply.
l,and Development Regulations
City of Aven~ra, Florida Page 7-21
704.4.4
704.4.5
The distance and spacing requiremems shall be measured by
following a straight line from the nearest point of the proposed
place of business, whether it is the structure itself or the parking
lot used by the patrons of the proposed place of business, to the
nearest point on the private school, public school, house of
worship, public park, public library, day care center or nursery for
children or adults and "R" zoning district.
From any of the uses described in subsection 704.4.3 the distance
shall be measured by following a straight line from the from door
of the proposed place of business to the nearest point of the
existing uses described in subsection 704.4.3.
For the purposes of establishing the distance between the uses
described in subsection 704.4.3, and between such uses and private
schools, public schools, houses of worship, public parks, public
libraries, day care centers or nurseries for children and adults, or "R"
zoning districts, the applicant for such use shall furnish a certified
survey from a registered surveyor. Such sketch shall indicate the
distance between the proposed adult use, and any uses descnq~ed in
subsection 704.4.3, any house of worship, public school, private
school, public park, public library, day care center or nursery for
children or R zoning district.
This section shall not apply to accredited universities, accredited
colleges or other accredited educational institutions, museums, art
exhibits, arts and cultural performance theaters and playhouses or
commercial professional photography and portrait studios which may
use nude subjects for their photographs or portraits.
Uses Prohibited. The permitted uses enumerated in this district shall
not be construed to include, either as a principal or accessory use,
any of the following which are listed for emphasis:
(a) Any use first permitted in industrial districts.
(b) Open air sale or display of machinery
equipment.
or construction
Limitations Of Uses And Structures. All permitted uses in this
district shall be conducted within a completely enclosed building
except as follows:
a) Any activity which is enclosed by a concrete or masonry
wall at least eight (8) feet in height ett~ctively screening
such use fi'om outside direct view at ground levels.
b) Seating area when utilized as an accessory use to a
restaurant.
(~ity of Avenl;ura, Florida Page 7-22
704.4.6
c) Motor vehicles sales or remal providing the storage area
is contained fully within a six-foot high decorative
masonry wall. Said masonry wall shall provide along the
extension thereof, a five-foot planting strip to be
landscaped in accordance with the LDR.
d) Play areas of day nurseries or public or private schools.
e) Drive-thru businesses.
f) Refueling areas of service stations.
g) Car wash.
h) Plant nurseries.
i) Commercial marinas.
j) Recreational uses.
k) Storage area in this district may be provided outside an
enclosed building providing the storage area is contained
fully within a six-tbot high decorative masonry wall. Said
masonry wall shall provide along the extension thereof, a
five-foot planting strip to be lmidscaped in accordance
with the LDR.
The following specific uses shall be permitted only when the entire
site so utilized is not closer than three hundred (300) feet tirom an
"R" District:
a) Cabinet and carpenter shop.
b) Heating and air conditioning comractor shop.
c) Sign shop.
d) Tinsmith shop.
Overhead doors or other openings larger than eight (8) feet in
width shall not be located on the immediate streetside of
buildings. If oriented toward contiguous residemially zoned land
said opening shall be screened in accordance with the
requirements contained in this Code.
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage: The floor area ratio shall
be forty hundredths (0.40) at one (1) story and shall be
increased by eleven hundredths (0.11) for each additional
story. Structure parking shall not count as part of the floor
area, but shall be counted in computing building height and
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed forty (40) percent of the
total lot area. Nonenclosed mall areas shall not count as part
of the floor area, for floor area ratio computation purposes,
nor as part of the lot coverage.
(b) Maximin Height: No building or structure shall be erected or
altered to a height exceeding 20 stories or 200 ! 99 feet. That
portion of a building or structure within 200 feet of any
residential zone shall be subject to a height limitation of 1 foot in
height for every 2 feet in distance fi:om the residential zoned plot
I~and Development Regulations
City of Aventura, Florida Page 7-23
(c)
(d)
(e)
unless the application of this requirement would limit the building
height to a minimum oftessthan 25 feet.
Minimum Lot Area and Width: There shall be no minimum
required width or area of plot except as othem4se provided.
Setbacks: Every plot shall have a front yard not less than twenty-
five (25) feet in depth. Every plot shall have a street side yard of
not less than twenty (20) feet in depth.
704.5
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 per/meter 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.
704.5.1
Uses Permitted. No building or stmcture, or part thereof, shall be
erected, altered or used, or land used in whole or part for other than
one or mom of the following specific uses:
the office park. The accumulative
(a) Business/professional offices.
(b) Laboratories for sciemific and industrial research and
development, including the use of scientific laboratory equipment
and devices
(c) Dental & medical offices
(d) Banks, savings & loans (no drive-in tellers).
(e) Restaurants accessory to primary uses (no drive-in facilities)
(f) Uses generally accessory to the above principal uses. Accessory
uses are those uses that are associated with the principal use(s)
and which provide service primarily to employees and patrons of,
7 uses shall
IJ~nd Development Regulations
City of Aventura, Florida Page 7=24
704.5.2
704.5.3
704.5.4
be limited to a maximum of fifteen (15) percent of the total gross
interior square footage of the bu'fldings proposed for the site.
Such uses shall have no outside advertising. Areas devoted to
structure parking shall not be included in the above calculations.
(g) All uses permitted in the CF district.
(h) Hotels, motels, resorts and time share units, subject to the
following:
I. The minimum plot area shall be one and a half (1.5)
acres.
2. Any outdoor recreation areas including swimming
pools shall ~ located at least twenty-five (25) feet from
the plot line of any adjacent residentially zoned property
and screened from any such adjacent properties in
accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in
a motel or hotel, which includes all areas to be individually
rented by a customer, shall be three hundred (300) square
feet.
Conditional Use. The following uses if first approved as a Conditional
Use:
· Business-Related Schools.
· Pharmacies limited to drugs and medical supplies.
· Uses that exceed the height limitations.
· Marine industry uses.
· Drive thm bank facility
Uses Prohibited. Except as specifically permitted in this section, the
following uses are expressly prohl'bited as either principal or
accessory uses:
(a) Residential uses.
(b) Adult entertainment.
(c) Retail and mn-marine industrial uses.
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum frontage
requirements shall be one hundred (100) feet, with a minimum lot
ama of one and one half (1.5) acres including right-of-way
dedications.
(b) Maximum Height: No building or structure, or part thereof shall
be erected to a height exceeding 10 stories or 120 feet,
whichever is less.
(c) Floor Area Ratio and Lot Coverage: The floor area ratio shall be
forty .... j hundredths (0.40) ~ .... ~ at one (1) story and shall be
increased by eleven~.~.~:"~* hundredths (0.11)~,,..,,.mr~t~x for each
additional story. Structure parking shall not count as part of the:
floor area, but shall be counted in computing building height and
IJand Development Regulations
City of Aventura, Florida Page 7-25
704.6
(d)
(e)
number of stories. ~he total lot coverage permitted for all
buildings on the site shall not exceed forty (40) percent of the
total lot area.
Setbacks: Every plot shall have a fi'ont yard not less than 50 feet
in depth. No parking areas shall be located within 30 feet of any
residentially zoned property or within 10 feet of any street line
Every plot shall have a street side yard of not less than fifteen
(15) feet in deptlz Every plot upon which a structure is hereafter
erected shall have a minimum rear yard of 25 feet. Adjacent to
any RS districts the setback shall be 30 feet.
Minimum Open Space: 22% of the net lot area. Said landscaped
open space may include entrance features, passive recreational
uses and/or pedestrian walkways. This minimum requirement
may also include 50% of roof decks and other abeve-grade
surfaces which are provided and maintained for the common
benefit of all occupants of the building. Water bodies may be
used as part of the required landscaped open space but such
water areas shall not be credited for more than twenty (20)
percent of the required open space.
Medical Office (MO) District. This district is intended to provide for medical
offices and other uses supporting the medical professional 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 mere restrictive than, the corresponding
Business and Office category permitted uses.
704.6.1
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:
(a) Business/professional offices.
(b) Hospitals
(c) Nursing Homes
(d) Medical laboratories.
(e) Laboratories for medical research and development, including
the use of medical laboratory equipment and devices
(0 Dental & medical offices
(g) Banks, savings & loans (no drive-in tellers).
(h) Restaurants accessory to primary uses (no drive-in facilities)
(i) Pharmacies limited to drugs and medical supplies.
(j) Hotels, motels, resorts and time share units, subject to the
following:
· The minimum plot area shall be one and one half
(1.5) acres.
· The minimum floor area of a rental sleeping room in
a motel or hotel, which includes all areas to be
I~and Development Regulations
City of Aventura, Florida Page 7-26
704.6.2
704.6.3
704.6.4
individually rented by a customer, shall be three hundred
(300) square feet.
(k) All uses permitted in CF district.
(1) Uses generally accessory to the above principal uses. Accessory
uses are those uses that are associated with the principal use(s)
and which provide service primarily to employees and patrons of
the office park. The accumulative total of all accessory uses shall
be limited to a maximum of fifteen (15) percent of the total gross
interior square footage of the buildings proposed for the site.
Such uses shall have no outside advertising. Areas devoted to
structure parking shall not be included in the above calculations.
(m) ALF
Conditional Use. The following uses if first approved as a Conditional
Use:
· Business-Related Schools.
· Multi-family residential uses.
· Uses that exceed the height limitations.
· Retail uses with a minimum lot area of two (2) gross acres.
· Drive thru facility.
· Heliport landing site.
Uses Prohibited. Except as specifically permitted in this section, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Adult entertainment.
(b) Retail uses on a lot less than two (2) gross acres.
(c) Industrial uses.
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum frontage
requirements shall be one hundred (100) feet, with a minimum lot
area of one and half (1.5) acres including right-of-way
dedications.
(b) Maximum Height: No building or structure, or part thereof shall
be erected to a height exceeding 10 stories or 120 feet,
whichever is less.
(c) Setbacks: Every plot shall have a front yard not less than 50 feet
in deptl~ No parking areas shall be located within 30 feet of any
residentially zoned property or within 10 feet of any street line
Every plot shall have a street side yard of not less than twenty
(20) feet in depth. Every plot upon which a structure is hereafter
erected shall have a minimum rear yard of 25 feet.
(d) Floor Area Ratio and Lot Coverage: The floor area ratio shall be
forty hundredths (0.40) at one (1) story and shall be increased by
eleven hundredths (0.11) for each additional story. Structure
parking shall not count as part of the floor area, but shall be
L~nd Development Regulations
City of Aventura, Florida Page 7-27
704.6.5
counted in computing building height and number of stories. The
total lot coverage permitted for all buildings on the site shall not
exceed forty (40) percent of the total lot area.
l,imitations Of Uses And Structures. All activities of permitted
uses, including sale, display, preparation and storage, shall be
conducted entirely within a completely enclosed building. Storage
shall not be made above the height of the walls. Overhead doors or
other openings larger than eight (8) feet in width shall not be located
on the front or immediate street and/or side elevations of buildings.
If oriented toward contiguous residentially zoned land said opening
shall be screened in accordance with the requirements contained in
the LDR.
l~and Development Regulations
City of Aventura, Florida Page 7-28
Section 705 Town Center District
705.1
Propose. The purpose and intern of this district is to provide suitable sites for the
development of structures combining residential and commercial uses in a well
planned and compatible manner. The uses within this district shall be consistem
with, but may be more restrictive than, the corresponding Town Center Land
Use category permitted uses. Residential densities shall not exceed 25 units per
gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0.
705.2
Town Center District (TC1). The following regulations shall apply to all TC1
districts:
706.2.1
Uses Permitted. No building or structure, or part thereo[ 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 requiremems
set forth elsewhere in this section are satisfied:
(a) Mixed-use structures. For the purposes of this subsection, mixed-
use buildings or structures are those combining residential
dwelling units conforming generally with the intent of the RMF3
Multi-Family Medium Density Residential district, with office
and/or retail commercial uses allowed in the Bi, Neighborhood
Business District, where the ratio of total square feet dedicated to
residential and non-residential uses is between 3:1 and 1:3.
(b) All uses permitted in the CF district.
705.2.2
Accessory Uses Permitted. Permitted incidental and accessory uses
shall include:
(a) Those uses allowed as accessory uses in the RMF3 Multi-
Family Medium Density Residential District, except for uses
which, by their nature, would inhibit the establishment of
permitted commercial activities or restrict the acceptable
mixing of residential and non-residential uses.
(b) All uses permitted as accessory uses in the CF, Community
Facilities district.
(c) Outdoor dining as an accessory use to a permitted restaurant
or retail use.
705.2.3
Conditional Uses Permitted. The following uses may be established if
first approved as a Conditional Use:
· Those uses permitted in the RMF3 district.
· Those uses permitted in the B 1 district.
· Sale of alcoholic beverages for on-premises
consumption except with meals.
· Uses that exceed the height limitations.
IJand Development Regulations
City of Aventura, Florida Page 7-29
705.2.4
705.2.5
Uses Prohibited. Except as specifically permitted in this division, the
following uses are expressly protu~0ited as either principal or
accessory uses:
(a) Any use not specifically permitted.
(b) Adult emertainment establishmems.
(c) Sale of goods to other than the ultimate consumer.
(d) Sales, purchase, display or storage of used merchandise other
than antiques.
(e) Sale of fruit or merchandise from tracks, wagons or other
vehicles parked on or along public or private streets or from
open stands or vacant lots. Such business on private or public
property shall be conducted only from within approved
permanent substantial buildings.
(0 Any drive through service facility.
Site Development Standards.
(a) Minimum lot size: 16,000 square feet.
(b) Minimum lot width: 100 feet.
(c) Maximum lot coverage: 45% of total lot area.
(d) Maximum floor density
1) Residential component: 25 dwelling units per gross acre.
2) Non-residential component: 2.0 Floor Area Ratio.
(e) Maximum Height: 4 stories or 50 feet.
(0 Setbacks.
i) Front: 25 feet.
ii) Side: There is no side yard setback required for a plot not
adjacent to a street or alley, or where such setback is neeessa~y to
provide light and air to residential units. In such cases a side yard
setback of 20 feet in depth is required.
iii) Rear: There is no rear yard setback required for a plot
not adjacent to a street or alley, or where such setback is
necessary to provide light and air to residential units. In such
cases a rear yard setback of 20 feet in depth is required.
iv) Between buildings: No minimum building separation
distance is normally required, except where necessary to provide
light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
(g) Minimum Floor Areas. The minimum floor area not including
garage or unairconditioned areas sb~ll be as follows:
Multiple ~ dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150
square feet.
Land Development Regulations
City of Aventura, Florida P$1g¢ 7-30
705.2.6
705.2.7
705.2.8
Efficiency units shall not exceed 40% of the total number of
residential units within a building.
Required Open Space. A minimum of 35% of the total lot area of
the site shall be provided as common open space available for use
by all residents; of this comtr~n open space a minimum of one-
ha[t' shall be tmencumbered with any structure (except for play
equipmem for children and associated mounting, fencing and
furniture) and shall be landscaped with grass and vegetation
approved in a landscape plan. The remaining one-half may be
used for recreatioml facilities, amenities, pedestrian walks,
entrance mndscaping and features (not including gatehouses and
associated vehicle waiting areas), or maintenance facilities.
Accessbility. All residential units shall be access~le to the outside via
a direct exit or an entry lobby that does not require residents to pass
through a leasable conanercial space.
Allocation of Interior Space. Retail stores, personal services, banks
and financial services, indoor comial recreation uses, restaurants
and coffee houses, schools, nursery schools and child care centers are
allowed only on the ground floor of mixed-use buildings. Offices and
medical offices are allowed only on the ground and second floors.
Residential uses are allowed only on the second or higher floors.
Garbage Containers. All garbage or trash containers, oil tanks and
bottle gas tanks must be placed in walled-in areas so that they shall
not be visible fi.om adjoining properties.
I~and Development Regulations
City of Aventura, Florida Page 7-31
Section 706 Industrial Zoning District
706.1
Purpose. The industrial district is intended to provide for light industrial
development in conformance with the Comprehensive Plan and allow for a
variety of uses to accommodate the City's industrial and commerce needs. This
zoning district may be applied to land designated Indus~xial 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 Industrial and Office Land
Use Plan category permitted uses.
706.2
Light Industrial District 0M1). The following regulations shall apply to the M1
district:
706.2.2
Purpose of District. This district is intended for the development of
nonpolluting light industry and to provide a suitable area for uses
related to the design, construction, repair, or sales of marine vessels,
businesses serving the needs of clients, customers or visitors to such
facilities; and facilities to promote and increase the understanding of
marine architecture, design, research and construction.
706.2.3
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) Fabrication and construction of ships and boats.
(b) Repair and modification of ships and boats.
(c) Manufacturing and repair of equipment used in boats, ships and
other marine applications, including cabinets and other interior
woodwork; electronic equipment and navigational equipment and
tools.
(d) Marine architects and designers.
(e) Retail sales of boats and ships, marine equipment and
accessories, including fishing equipment and tackle, but not
including the storage or sales of live bait.
(f) Marine warehouses.
(g) Retail uses which serve the district.
(h) Marine showrooms.
(i) Self service storage facility.
0) Warehousing including crating, packing and shipping.
(k) Manufacturing research and development business limited to
buildings of twenty-five thousand (25,000) square feet or less in
area per lot.
(1) Office uses which serve or represent any prima~ industrial use in
the district.
(m)All uses permitted in the CF district.
Land l)evelopment l{egulations
City of Aventura, Florida Page 7-32
706.2.4
706.2.5
(N) Dry and wet boat storage.
_Conditional Use. The following uses, if first approved as a
Conditional Use:
· Stores for the sale or rent of new or used merchandise,
conducted solely within a building, whether or not to the ultimate
· Office buildings.
· The sale, rental, service and storage of motor vehicles.
· Restaurants and pubs.
· Health club or spa and physical fitness facilities.
· All uses permitted in the OP district.
· All uses permitted in the U district.
· All uses permitted in the ROS district.
· All uses permitted in the CF district.
· Daycare centers.
· Museums
· Schools and educational facilities
· Marinas
Accessory Uses Permitted. Permitted incidental and accessory uses
shall include:
(1) Fabricators and constmctom of ships and boats may operate
the following facilities when located on, or adjacent to, their
primary facility. These uses shall open for business no earlier than
one hour before and close no later than one hour after the normal
business hours of the primary facility.
(a) Facilities to acconmaodate plant tours.
(b) Book, map and gift shops.
(c) Restaurants that do not sell alcoholic beverages.
(d) Museums and instructional centers.
(e) Facilities to manufacture, sell and dism'bute souvenir clothing
and fashion arxessories.
(2) Fabricators and constructors of ships and boats may operate
underground tanks for the storage and dispensing of gasoline,
diesel fuel and turbine kerosene, subject to existing Federal, State
or County fire and environmental standards.
(3) Manufacturing and fabrication facilities are allowed one
dwelling unit per site for the exclusive residemial use of a security
guard or plant manager, provided that the floor area of the dwelling
unit does not exceed ten (10) percent of the tota~ floor area of the
facility.
I~and n~velolpment R~gulations
CAty of Aventura, Florida Page 7-33
706.2.6
706.2.7
Uses Protfibited. Except as specifically permitted in this division, the
following uses are expressly prohi~bited as either principal or
accessory uses:
(a) Foundry.
(b) Drop forging.
(c) Any Processing of animal products or disposal or incineration of
dead animals.
(d) Salvage yards, automobile crushing operations, storage of
automobiles or trucks for parts sales.
(e) Recycling or processing of construction and demolition debris
materials recycling facilities.
(0 Paint or varnish manufacture.
(g) Oil compounding or barreling.
(h) Die casting.
(i) Meat processing, slaughtering.
(j) Fish smoking, curing and canning.
(k) port
(1) Bus storage or repair facilities.
(m) Manufacture of asphalt, brick, tile, glues, cement, lime plaster,
concrete or products thereof, acids, carbon, plastics,
disinfectants, poison, insecticides and batteries.
(n) Open air storage in bulk of asphalt, brick, building materials
butane, cement, clay products, concrete products, contractors
equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber,
machinery, roofing, sand, stone, tar or creosoted products,
timber or wood.
(o) Institution for the housing of sick, indigent, aged or minor
(P) Hotels and motels
(q) Manufacturing and/or storage of explosives.
(r) Bars and cocktail lounges.
(s) Mortuaries.
(t) Any use not specifically permitted.
(u) Open air display, sale or storage of merchandise, materials or
equipment, or any service or process performed outdoors unless
enclosed by a masonry wall not less than six (6) feet in height.
(v) Pulp or paper mills.
(w) Adult entertainmem.
Limitations Of Uses And Structures. All permitted uses in this
district shall be conducted within a completely enclosed building
except as follows:
(a) Overhead doors or other openings larger than eight (8) feet in
width shall not be located on the mediate streetside elevations
of buildings. However, on comer and double frontage lots said
laand Development Regulagions
C, igy of Avenlrara, l~qorida Page 7-34
706.2.8
706.2.9
doors shall be permitted behind a 6 foot decorative masonry wall
with doors fronting properties of like zoning. If oriented toward
contiguous residentially zoned land said opening shall be
screened in accordance with the requirements contained in this
Code.
(b) Building facades facing roadways shall be designed to appear to
be the fronts of buildings. This provision shall apply to comer
and double fi-enrage lots.
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum size of plots shall
be fifteen thousand (15,000) square feet and the width shall be
one Hundred (100) feet.
(b) Maximum Height: No building or structure shall be erccted or
altered to a height exceeding three stories or forty five (4_50) feet,
whichever is less.
(c) Setbacks: Front -25 feet. No parking areas shall be located
within 30 feet of any residentially zoned property or within 10
feet of any street line.
Side Street - 15 feet.
Rear-15 feet.
Rear, from edge of water 10 feet
Adjacent to any RS or RMF Districts - 30 feet.
(d) Floor Area Ratio and Lot Coverage: No restrictions except as
may be controlled by other specific requirements in this district.
(e) Minimum Open Space: 12% of the net lot area. Said landscaped
open space may include entrance features, passive recreational
uses and/or pedestrian walkways. This minimum requirement
may also include 50% of roof decks and other above-grade
surfaces which are provided and maintained for the common
benefit of all occupants of the building. Water bodies may be
used as part of the required landscaped open space but such
water areas shall not be credited for more than twenty (20)
percent of the required open space. Any site which abuts a
residentially zoned or developed property shall provide 15% of
the net lot area as landscaped open space.
Performance Standards.
(a) No building or structure, or part thereof; shall be erected or used, I
in whole or in part, in any manner that is obnoxious, I
objectionable, a nuisance or a hazard to adjoining properties, as it I
relates to sound, vibrations, odors, glare, radioactive materials,
smoke and particular matters.
(b) All necessary exterior lighting on the plot shall be installed as not
to cause any nuisance to adjoining areas..
(c) There shall be no open outside storage of materials, supplies,
products, equipment or machinery or marine vehicles, except
Land Development Regulations
City of Aventura, Fh, rida Page 7-35
I
automotive vehicles, unless area used for such outside storage is [
effectively screened from the direct view at ground level from I
any street or from adjacent property. Said screening shall form a I
complete opaque screen up to eight feet in vertical height. Said !
screening may include fencing up to a height of eight (8) feet,
provided that said fence is surrounded by trees and/or hedges of
a height not less than three (3) feet at time of planting and
maintained at the height of the fence. Outdoor storage shall be
meant to include parking of all company owned and operated
vehicles with the exception of passenger vehicles. No storage
shall be permitted between a frontage street and the building line
unless behind a 6 foot decorative masonry wall. Such wall shall
be constructed a minimum of five feet from the property line and
densely landscaped in the required 5 foot strip.
(d) Fuel storage tanks may be above ground for emergency
generators if fully screened by a masonry or concrete wall,i
finished in a manner consistent with the structure and landscaped!
with a cominuous hedge and trees on each elevation of the wall. i
All other fuel tanks, regardless of type will bo located i
underground. There will be no bulk storage of any fuels i
permitted other than fuels stored for the purpose of servicing i
vehicles used in the regular course of business and for back-up
generator day tanks.
(e) All improved land shall be well graded and free from underbrush
and objectionable plant growth. All unimproved land shall be
kept free of debris and shall not be used for storage of any
materials. The road right of way landscaped areas shall be
mowed at least every two weeks by the adjoining property
owner.
(f) All property shall be kept free from rubbish or debris. All
buildings shall be kept painted and protected from deterioration
and shall not be permitted to become dilapidated.
(g) All driveways, walkways, parking areas, storage and loading
areas of developed property shall be well graded and surfaced
with at least asphaltic concrete or other equivalent hard, dustless
materials.
(h) The nature of any light industrial use shall not be dangerous
to the comfort, peace, enjoyment, health or safety of the
community or the abutting areas or create a disturbance or
annoyance.
Land Development Regulations
City of Aventura, Florida Page 7-36
Section 707 Community Facilities Zoning District
707.1
Purpose. The Community Facilities (CF) District is intended for those uses of
institutional character such as houses of worship, schools, government and
cultural buildings, public facilities, hospitals and parks and other facilities, which
generally benefit the community. This zoning district may be applied to land
designated Residential, Parks and Recreation, Town Center, Business and
Office, Industrial and Office on the City's Furore Land Use Map.
707.1.1
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 mom of the following specific uses:
(a) Parks.
(b) Schools.
(c) Educational or vocational institutes.
(d) Churches or synagogues and other houses of worship.
(e) Libraries.
(f) Cultural, civic and community centers.
(g) Municipal Government, administration, services and mainten_ance
facilities.
(h) Police and fire protection facilities.
(i) Uses generally accessory to the above principal uses.
707.1.2
Conditional Use. The following uses ii'first approved as a Conditional
Use:
· Governmentally sponsored or subsidized residential/care facilities
for the aged and/or handicapped, nursing homes, convalescent
homes, and congregate care facilities.
· Hospitals and clinics.
· Non - municipal governmental facilities and buildings.
· Private fraternal, civic, charitable, professional or educational non
- profit organizations.
· Federal post office.
· ALLY.
707.1.3
Uses Prohibited. Except as specifically permitted in this division, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Residential uses.
(b) Retail uses.
(c) Adult entertainment uses.
(d) Industrial uses.
707.1.4
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum size of plots shall
be twenty thousand (20,000) square feet and the minimum width
l~and Dewlopment liegulagions
City of Aventura, Florida Page 7-37
shall be one Hundred (100) feet.
(b) Maximum Height: No building or structure shall be erected or
altered to a height exceeding ten stories or 120 feet, whichever is
less.
(c) Setbacks: Front ~5 feet. No parking areas shall be located
within 30 feet of any residentially zoned property or within 10
feet of any street line.
Side Street - 30 feet.
Rear -20 feet.
Rear, fi:om edge of water 10 feet.
Adjacent to m~y RS or RMF Districts - 30 feet.
Land Development Regulations
City of Aventura, Florida Page 7-38
Section 708 Recreation/Open Space Zoning District
708.1
Purpose. The Recreation Open Space (ROS) District is intended to provide for
the recreation and open space needs of the City. The uses within this district
shall be consistent with the Parks and Recreation Future Land Use Map category
permitted uses. This zoning district may be applied to land designated Recreation
and Open Space, Residential and/or Town Center on the City's Future Land
Use Map. Because of the nature of uses involved and the variety of
arrangements of uses and facilities, general regulations for plot size, yards,
setbacks and height must be adequate for any location at which an ROS district
may be established.
708.1.1
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:
(a) Open space and passive recreational areas.
(b) Golf course.
(c) Boat ramps and docks.
(d) Outdoor cultural, educational and civic facilities.
(e) Parks.
(f) Waterways.
(g) Uses accessory to any of the above uses when located on the
same plot.
708.1.2
Uses Prohibited. Except as specifically permitted in this division, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Any business or commercial use except when meeting the
requirements of an accessory use.
(b) Any industrial or manufacturing usc.
(c) Drive in theater.
(e) Residential uses.
(e) Adult entertainment uses.
704.5.4
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum size of plots shall
be ten thousand (10,000) square feet and the minimuin width
shall be one Hundred (100) feet.
(b) Maximum Height: No building or structure shall be erected or
altered to a height exceeding five stories or 60 feet, whichever is
less.
(c) Setbacks: All 25 feet. Adjacent to any tmfficway 75 feet.
Land Development Regulations
City of Aventura, Florida Page 7-39
Section 709 Utilities Zoning District
709.1
Purpose. The Utilities District (U) is intended to provide for all public ut'flity
uses. This zoning district may be applied to land designated Industrial and Office
Residential or Business and Office on the City's Future Land Use Map.
709.1.1
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:
(a) Water and wastewater pumping stations.
(b) Wellfields.
(c) Electrical ut'flity substations.
(d) Public utilities.
(e) Communication facilities.
(f) Railroads.
(g) All uses permitted in ROS district.
(h) Uses accessory to any of the above uses when located on the
same plot.
709.1.2
Conditional Use. The following uses if first approved as a Conditional
Use:
· Solid waste disposal, transfer or recycling facility.
· Power plants.
· Waste transfer station.
· Water and wastewater plants.
· Telecommunications towers or transmission facilities.
709.1.3
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum size of plots shall
be ten thousand (10,000) square feet and the minimum width
shall be one Hundred (100) feet.
(b) Maximum Height: No building or structure shall be erected or
altered to a height exceeding seven stories or 80 feet, whichever
is less.
(c) Setbacks: All 25 feet. Adjacent to any trafficway 75 feet. No
parking areas shall be located within 20 feet of any residentially
zoned property or within 10 feet of any street line.
I~and Development Regulations
(~ity of Aventura, Florida Page 7-40
Section 710. Specific Use Regulations.
The specific conditions set out below shall be applied to each proposed use during
conditional use and site plan review.
710.1
Automobile and I Jvht Track, New Sales Agency or Rental. shall be permitted
only upon approval after public hearing in any business or industrial zoning
district and subject to the following conditions:
(a) That a continuous, densely planted greenbelt of not less than
fifteen (15) feet in width, penetrated only at points approved by theI
Community Development Director for ingress or egress to the
pmporty, shall be provided along all property lines abutting public
rights-of-way or properties zoned residential. Said greenbelt shall
have shade trees planted at a maximum spacing of thirty (30) feet on
center. The shade trees shall have a minimum caliper of two and one-
half(21/2) inches at time of planting.
(b) That a decorative masonry wall at least five (5) feet in height shall
enclose the vehicle storage area and repair area, approved through
pub5c hearing. Ihe placement of said wall, and openings through
same shall comply with the requiremems contained elsewhere in this
chapter.
(c) That all outdoor paging or speaker systems are expressly
prohibited.
(d) That no repair work of any type is permitted on premises unless
approved atter public heating.
(e) That used vehicle sales shall be permitted as an accessory use
providing said vehicles are in good condition, late model and
operable.
(t) All outdoor display areas and visitor parking areas shall be clearly
designated on an approved site plan~ All parking and display areas
shall be paved and striped. Required yards, bufferyards, landscaping
and open space shall be protected by non-mountable curbing. Visitor
parking shall be provided at the rote provided for in the Parking and
Loading Req 'mrements. Merchandise shall not be displayed within
any required yard or bufferyard.
710.2
Bottle Club. Any bottle club as defined by Florida Statutes, Chapter 561, shall
be required to obtain Conditional Use approval.
710.3
Child or Adult Care Centers. Child or adult care centers shall be required to
provide a designated drop-off and pick-up area which is not part of the
lJand I)evelopm~nt Regnl&fions
City of Aventura, Florida Page 7-41
710.4
710.5
710.6
710.7
710.8
710.9
710.10
710_.11
710.12
permanent parking for the site. All required play areas shall be grassed or
mulched. Paved areas shall be not be considered as play areas. Outdoor play
areas shall be fenced and screened fi:om trafficways and adjacent properties.
Drive-thru Windows. All uses which provide drive-thru service shall meet the
design requirements contained in the Parking and Loading Requirements.
Group Homes. The establishment of group homes shall be as regulated in
Chapter 419 Florida Statutes A proposed group home of six (6) or fewer
residents within 1,000 feet of an existing group home shall be required to obtain
conditional use approval.
Multi-Family Residential. Multi-family residential projects shall be under the
unified control of a single person, ~ homeowners
association or condominium assoclation~
Outdoor Sales. All sales, service and storage shall be conducted in a completely
enclosed building except where specifically permitted. No permanent outdoor
sales shall be permitted within any public or private right-of-way, required
parking or traffic circulation area, fire lane, any landscape area or within a
sidewalk.
Outdoor Storage. All businesses which store materials, work in progress,
finished products, machinery or equipment outside of an enclosed building shall
be required to obtain conditional use approval unless otherwise specified in these
regulations. This regulation shall not apply to cars or tracks used in the normal
course of business parked overnight in designated parking areas. All outdoor
storage shall be indicated on a site plan and buffered fi:om adjacent properties by
the required bufferyard of this code with the addition of a finished concrete wall.
Rehabilitation Centers. No Rehabilitation Center shall be established within
1,500 feet of an existing Rehabilitation Center, as measured fi:om the edge of the
parcel containing the existing facility.
Utility Substations. All non-municipal utility facilities shall be required to obtain
conditional use approval, unless otherwise specified in these regulations, prior to
a building permit being issued.
Warehouse - Self Storage. A warehouse - self storage facility shall not be
permitted to contain businesses which require an occupational license for the
premises. No wholesale or retail sales are permitted. "Self-service storage
facility" shall be defined as a fully enclosed space used for warehousing which
contains individual storage units with floor area no greater than four hundred
(400) square feet and an interior height not to exceed twelve (12) feet.
Wetland Mitigation Banks. Wetland mitigation banks shall be a permitted use in
land designated Water or Parks and Recreation on the Future Land Use Map.
Land Development Regulations
City of Aventura, Florida Plig¢ 7-42
On site mitigation for a development project is a permitted use.
Land Development Regulations
City of Aventura, Florida Page 7-43
Chapter 8: OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Section 801. Off-Street Parking and Loading Standards.
801.1
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
maimained and continued as an accessory use as long as the main use is
continued.
801.1.1
Existing Buildings. Where a building existed at the effective date of
this article such building may be modernized, altered or repaired,
provided there is no increase in floor area or capacity and there is no
change of occupancy, without providing the total number of required
parking spaces.
Where a building or use, which ex/sted at the effective date of this
article is enlarged in floor area, volume, capacity or space occupied,
off-street parking facilities as specified herein shall be provided for the
additional floor area, volume, capacity or space so created or so
occupied.
Where a building or use which existed at the effective date of this
chapter is changed in use or occupancy, additional off-street parking
facilities shall be provided to the extent that the off-street parking
required by this section for the new use or occupancy exceeds the off
street parking which would have been required for the previous use
or occupancy had the regulations of this section been applicable
thereto. For the purposes of this section a change of use or
occupancy shall mean a change from one category of off-street
parking requirements to another such category.
It shall be unlawful for an owner or opamtor of any building,
structure or use affected by this section to discontinue, change or
dispense with, or to cause the discominuance or reduction of the
required parking facilities apart from the discontinuance, sale or
transfer of such structure or use, without establishing alternative
vehicle parking facilities which meet the requirements of this section.
It shall be unlawful for any person to milize such building, structure
or use without providing the off-street parking facilities to meet the
requirements of and be in compliance with this article.
801.1.2
Proximity of Off-Street Parking. Required off-street parking spaces
shall be located on the same parcel they are intended to serve. As an
alternative, they may be located on a separate parcel not more than
300 feet from the use they are intended to serve provided the owner
Land Development Regulagions
City of Aventura, Florida Page 8-1
801.1.3
801.1.4
801.1.5
of said parking areas shall enter into a written agreemem with the
City of whereby the land providing the parking area shall be joined
with the primary site and shall not be sold or disposed of except in
conjunction with the sale of the btfilding the parking area serves so
long as these parking facilities are required. Said agreemem shall be
recorded at the expense of the owner and shall run with the land and
shall bind the heirs, successors, and assigns of said owner. S-rid
agr¢cm~.~nt .... ~ .,~;~n ~.., **.- ~:,-, ~ ..... ' off-she
parking, the City Manager must find that the off-she parking facility is
reasonably located in relation to the use it is intended to serve, based
upon such factors as the type of facility, likely purpose of the trip to
the facility, distance fi~om the use intended to be served, and any
physical barriers which must be crossed to reach the use to be served.
Parking spaces backing into a main drive aisle adjacent to the front of
buildings shall be discouraged.
Parking Plan Required. A parking plan shall be provided with all
applications for development approval which shall clearly and
accurately designate the required parking spaces, reqaired landscaped
areas and planter islands, access aisles and driveways and the
relationship of the parking to the uses or structures the spaces are
intended to serve.
Required Handicapped Spaces. Parking spaces for disabled persons
shall be provided in accordance with Chapter 553, Part V of the
Florida Statutes, as amended fi'om time to time.
Parking Spaces For Persons Tmns~rting Young Children And
Strollers. Parking spaces specifically designed for persons
transporting young children under the age of three (3) and strollers
shall be encouraged for all uses other than single-family, duplex or
townhouse.
(a) The following number of spaces are recommended:
Regular Stroller
Spaces Spaces
Up to 100:
101 to 5O0
501 to 1,000
Over 1,000
1
2
3
One (1) additional space for each 500
parking spaces over 1,000.
(b)
Location of parking spaces. Such spaces should be located as
closely as possible to parking spaces designated for the physically
handicapped and/or disabled persons; provided however, parking
spaces designated for the physically handicapped and/or disabled
hand Development Regulations
City of Aventura, Florida Page 8-2
801.1.6
(c)
persons must take precedence. Where no parking spaces
designated for the physically handicapped and/or d'mabled
persons have been provided, parking spaces for persons
transporting young children and strollers should be located on the
shortest accessible route of travel from adjacent parking to an
access~le entrance.
Signage and markings. All parking spaces for persons
transporting young children and strollers should be prominently
outlined with green paint and posted with an approved
permanent above-ground sign which shall conform to the figure
emitled "Baby Stroller Parking Sign". The bottom of the sign
must be at least five (5) feet above grade when attached to a
building, or seven (7) feet above grade for a detached sigr[
Size and Character or Required Parking. The following design
requirements shall be observed for off- street parking:
(a)
Size: Parking Stalls Each parking space required and provided
pursuant to the provisions of this article shall be not less than nine
(9) feet in width and eighteen (18) feet in length. See figure 801-
2.
(b) Size: Enclosed Garage Areas. All one car garages shall provide a
single parking space of 9' X 18' free from all obstructions. All
two car garages shall provide two parking spaces consisting of an
18' X 18' unobstructed space.
Striping. All parking spaces shall be divided with painted double
l'mes except for single family homes, zero lot line developments,
townhouses and duplexes where the parking spaces are on a
single family site or as otherwise permitted in this chapter. See
figure 801-2.
(d) Accessibility. In all zoning districts, the width of access aisles and
driveways shall be substant'mJly in conformance with the
standards set forth in Figure 801-1. Every space shall be
accessible without driving over or through another parking space.
Parking stalls abutting the same continuous drive aisle shall have
the same angle and orientation. Drive aisles shall be one-way
only which are less than twenty-four (24) feet wide or which abut
parking stalls with angles less than ninety (90) degrees. Parking
stall angles and drive aisle direction of flow may change only
when the drive aisle is interrupted by a circulation drive or
structure.
Land Development Regulations
City of Aventura, Florida Page 8-3
_~IINIMUM SPACE REQUIREMENTS
AT
VARIOUS PARKING ANGLES FOR SELF-PARKING FACILtTIE.<
Figure 801 - 1
Land Development Regulations
City of Aventura, Florida Page 8-4
90° PARKING 45° PARKING
* Developer has option to eliminate the 2' bumper overhang area, provided that 6" continuous
curb is installed in lieu of the conc. wheel stop..
801.2
(e) Composition: Driveways in "RS" zoning districts shag be
surfaced with concrete. Except where specified above, parking
facilities, including access aisles and driveways, shall be surfaced
with brick, asphalt or concrete surfacing maintained in a smooth,
well-graded condition.
(f) Drainage: All off-street parking facilities shall be drained so as not
to cause any nuisances on adjacent or public property. Such
drainage facilities shall be arranged for convenient access and
safety of pedest:ians and vehicles in accordance with standards
set forth in these regulations.
(g)
Curbing. The use of freestanding wheel stops is prohibited in all
parking areas. All parking stalls shall be fronted with a continuous
Type D or Type F concrete curbing between six (6) and nine (9)
inches higk
(h)
Parking Lot Islands. The islands formed by the interior of
continuous curbing must be landscaped in accordance with the
provisions of this Code. Islands with impervious surfaces are
prohibited, although the location of sidewalks inside of islands is
allowable if an equal amount of landscaped surface is provided.
Islands at the front of parking spaces must allow a clear zone of
twenty (20) inches to allow for bumper overhang. LateraJ islands
separating parking spaces must be provided at least every nine (9)
spaces in widtl~
801.1.7
Parking Setback. The edge of all parking pavement and access roads
(not including driveway connections to a street) shall be set back a
minimum often (10) feet from the right-of-way of all streets. This
setback distance shall be landscaped in conformance with these
regulations.
801.1.8
Landscaping of Off-Street Parking. Parking structures and surface
parking lots shall be landscaped in accordance with the provisions of
these regulations.
Amount Of Off Street Parking. The minimum number of parking spaces to be
provided and maintained for each use or occupancy shall be as follows:
801.2.1
Residential Single Family Detached and Residential Duplex.:
(a) Garage spaces. Each dwelling unit is required to provide a
minimum of one (1) parking space in a fully enclosed, attached
private garage. Dwelling units with four (4) or more bedrooms
are required to provide a minimum of two (2) parking spaces in a
fully enclosed, private garage. Conversion of the garage into
I,and Development Regulafiions
City of Aventura, Florida Page 8-6
801.2.2
801.2.3
801.2.4
living area is prohibited.
(b)
Exterior spaces. All dwelling units shall provide a minimum of
one (1) unenclosed parking space. Dwellings with three (3) or
mom bedrooms shall provide two unenclosed parking spaces.
Parking spaces shall not be located so as to require a parked
vehicle to interfere with sidewalk travel lines.
Residemial Townhouse.
(a) Garage spaces. Each dwelling unit is required to provide a
minimum of one (I) parking space in a fully enclosed, attached
private garage. Conversion of the garage into living area is
prohibited.
(b)
Exterior Spaces. Each dwelling trait shall provide a minimum of
one (1) unenclosed parking space. Dwelling units with four (4) or
more bedrooms shall provide two (2) tn, enclosed parking spaces.
Parking spaces shall not be located so as to require a parked
vehicle to interfere with sidewalk travel lines.
Residential Multi-Family.
(a) One and one-half (1 1/2) unenc4os~ parking spaces shall be
provided for each efficiency unit or one (1) bedroom unit.
Two (2) m~,mebsed parking spaces shall be provided for each
unit with two (2) or more bedrooms or one bedroom trait with
den or study.
(c)
In addition to the above, multiple-family buildings of over thirty-
five (35) feet in height or with more than twenty (20) dwelling
units shall be required to provide supplemental guest parking
space equal to a minimum of five percent (5%) of the spaces
otherwise required.
Other Residential Buildings
(a) Dormitories, ffatemities: One (1) parking space for each bed.
Hotels and motels, including clubs: One (1) parking space for
each sleeping room. !12 m addition to slccpir~g rooms, there arc
other uses operated in conjunction with and/or as part of the
hotel/motel, additional off-street parking spaces shall be provided
for such other uses as would be required by this section if such
uses were separate fi'om the hotel/motel to the extent off
(1) Thirty-five percent (35%) of the required off-street parking
for retail stores, offices, services, establishments, bars,
restaurants, dining rooms, night clubs or cabarets.
(2) Fifty percem (50%) of the required off-street parking for
l,and Developmen[ Reguln[ions
City of Aventura, Florida Page 8-7
conference facilities, ballrooms, banquet halls, meeting
rooms or auditoriutns.
(c) Housing for elderly requiring little or no special care, including
retirement communities or adult retirement communities: one and
one-ha~l.~) parking space for each dwelling unit plus one (1)
space for each employee on the day shift.
(d) Housing for elderly or others requiring moderate special care,
including adult congregate living facilities, assisted living
facliities, extended care facilities and long-term care facilities:
thme-quartem one half (0.75) of one space per bed plus one (1)
space for each employee on the day shift.
(e)
Housing for the elderly or others requiring extensive special care,
including nursing homes and hospices: one-half (0.5) parking
space per bed and one (1) parking space per employee on day
shift.
(0
Integrated living facilities for the elderly incorpomt'mg multiple
care environments, including continuing care ret'n'ement
communities: parking requirements to be calculated fi.om
individual components based on (c) through (e) above.
801.2.5 Non-residential: Amusement and recreational facilities.
Amusemem center, general
Arenas and stadiums
Baseball/softball diamonds
Auditorium
Batting cages
Billiard/pool center
Bowling center
Cinema/movie theatre
Community Centers
(nongovernmental)
Courts, outdoor (tennis
handball, racquethalk etc.)
Dance hall
Dance school
Golf course
I ~accw,-~ ~, o.~,o ....... ,.. 1 space per 200 square
feet GFA,
1 space per 4 seats or 1 space per 200 square
feet GFA,
2_05 spaces per diamond.
I space per 4 seats or 1 space per 200 square
feet GFA, whichever is greater.
2 spaces per cage.
1 space per 150 square feet GFA.
4 spaces per lane, plus any restaurant, lotmge
and retail component.
1 space per 4 g seats.
1 space per 299 250 square feet GFA.
3 4 spaces per court.
1 space per 4 seats or 1 space per 200 square
feet GFA, whichever is greater.
1 space per 200 square feet GFA.
_4 g spaces per hole, plus driving range and
clubhouse facilities (retail, restaurant, etc.)
l,and Development Regulations
City of Aventura, Florida Page 8-8
Golf driving range
Indoor court facility
Marinas, commercial
Miniature golf course
Theatre, live performance
Swimming pool, commercial
I
2 spaces per tee station. I
4 5 spaces per court, plus spa, restaurant, [
lounge or retail. I
5 spaces, plus I space p~ for each 2 slips, plus I
1 space for each $10 dry storage spaces, plus 1
space for each 250 350 square feet of indoor
display space of boats for sale, plus 1 space for
each 1500 square feet of outdoor display of
boats for sale, plus any retail or restaurant
space. For parking of cruise or charter
passengers, see "Non-residential:
Miscellaneous" subsection.
3 spaces per hole.
1 space per 4 seats or 1 space per 200 square
feet GFA, whichever is greater.
1 space per 50 square feet of water, plus retail,
spa, or restaurant
801.2.6
Community centers
Child or adult care facilities
Day care facilities
Fraternal buildings, lodges,
union halls
Colleges and universities,
business and
professional schools
Non-residential: Community and educational facilities.
1 space per 209 250 square feet GFA.
See: schools, nursery.
See: schools, nursery.
1 space per 100 square feet GFA.
Government offices
Hospitals
Libraries
Museums
Post Offices
Sanitariums, orphanages,
homes for the infirm
Schools, elementary
Schools, middle
Schools, nursery
Schools, high
1 space per classroom plus 1 space adult
per student OR 1 space per 10 seats
of largest assembly room (if
applicable), whichever is larger.
1 space per 300 square feet GFA.
2 spaces per bed, plus outpatient medical clinic
and outpatient medical offices, if any.
1 space per 350 square feet GFA.
1 space per 350 square feet GFA.
1 space per 100 square feet of public service
area plus 1 space per employee.
See: other residential buildings.
5 spaces plus 1 space per classroom OR 1
space per 10 seats of largest assembly room,
whichever is larger.
5 spaces plus 1 space per classroom ~l,,o ~
..... c ..... ~' 19 ......... OR 1 space per 10
seats of largest assembly room, whichever is
larger.
5 spaces plus 1 per employee OR 1 space per
400 square feet GFA, whichever is larger.
I0 spaces plus 1 space per classroom plus 1
Land Development Regulations
City of Aventura, Florida Page 8-9
School, vocational
space for each 5 students OR 1 space per 10
seats of largest assembly room, whichever is
larger.
5 spaces plus 1 space per classroom plus 1
space per student.
801.2.7
Building supplies, sale of
Contractor shops (general,
electrical, pluming, roofing,
air conditioning)
Construction equipment, sales
or rental
Non-residential: Industrial, manufacturing and warehousing uses.
1 space per 400 square feet GFA.
1 space per 400 square feet GFA.
Distribution terminals
Manufacturing
Marine supplies, wholesale
Medical supplies, wholesale
Research and testing
laboratories
Trucks, heavy: sales or remal
Self-storage warehouses
Warehouses
1 space per 400 square feet GFA
plus 1 space per 1000 square feet outdoor
display or storage.
1 space per 500 square feet GFA.
1 space per 800 square feet GFA.
1 space per ~.00 500 square feet GFA.
1 space per ~,00 500 square feet GFA.
1 space per 500 square feet GFA.
1 space per ~.00 500 square feet GFA
plus 1 space per each 2000 square feet of
display or storage.
1 space per 2,000 5000 square feet GFA plus 1
space per 300 GFA for office plus 2 spaces for
living quarters.
1 space per 800 1000 square feet GFA.
801.2.8
Non-residential: Offices, medical and professional.
(For office buildings over 150,000 square feet, see "Large Office
Buildings" subsection)
Business and professional
offices
Health institutions
Medical and dental offices
Medical and dental clinics
Research and testing
laboratories
Telemarketers
Travel agencies.
Veterinarians, animal hospitals
I space per 350 300 square feet GFA.
1 space per 300 square feet GFA.
1 space per 300 square feet GFA.
l space per 300 square feet GFA.
1 space per 500 square feet GFA.
1 space per 100 square feet GFA.
1 space per 300 square feet GFA.
1 space per 300 square feet GFA.
801.2.9
Large office buildings. A large office building must meet the
following criteria: 1) Comain a minimum of one hundred fifty
thousand (150,000) square feet of total gross floor area for the
building; 2) Restrict the ultimate occupancy of the building to a
Land Development Regulations
City of Aventura, Florida P~lg¢ 8-10
minimum of two thirds (2/3) office uses; 3) Exclude cinemas or
theatres.
a) One parking space for each three hundred (300) square f~et of
eighty percent (80%) of the gross floor area, and
b) One parking space for each two hundred (200) square feet for
twelve and one-half percent (12.5%) of the gross floor area, and
c) One parking space for each seventy five (75) square feet lbr seven
and one half percent (7.5%) of the gross floor area.
In addition, a credit of ten percent (10%) of the total parking
requirement shall be deducted from the actual number of spaces
calculated in the above formula.
801.2.10 Non-residential: Restaurants, lounges and other food and drink
establishments.
(When located in shopping centers over 40,000 square feet, see also
"Shopping Cemers" subsection)
Bars, beer gardens, cocktail
lounges, pubs, taverns,
nightclubs.
Cafeterias
Coffee and pastry store,
coffeehouses
Delicatessens
Fast food restaurants
Ice cream parlor
1 space per 100 square feet GFA.
1 space per 125 200 square feet GFA.
1 space per 150 200 square feet GFA.
1 space per 150 200 square feet GFA~
1 space per 125 200 square feet GFA.
1 space per 150 200 square feet GFA.
Restaurants, traditional 1 space per 150 200 square feet GFA.
Open air seating for restaurants and bars shall be calculated at fifty
percent of the square footage of the area. Open air seating is defined
as follows:
(a) Any seating area which is not ak-conditioned without a ....... ~
o~eootk~m~ and
(b) Any seating area with or without a roof where a maximum of
two (2) sides are open or consist of a substantially nonrigid
material such as, but not ]imited to, canvas or screening.
801.2.11
Non-residemial: Retail stores and personal services.
(For stores in shopping cemers over 40,000 square feet, see
"Shopping Centers" subsection.)
Art galleries
Animal hospitals,
veterinarians
Auction galleries
1 space per 350 square feet GFA.
see: offices and medical offices
1 space per 250 square feet GFA, or 1 space
I,and I)evclopment Regulations
City of Aventura, Florida Page 8-11
Automatic teller machines
Automobile repair garages
Automobile rental
Automobile sales
Automobile service station
Automobile washes, hand
and automatic
Bakeries
Barber and beauty shops
Banks, other similar
financial institutions
Building and home repair
supplies.
Butcher shops
Carpet, tile and other floor
coverings retail stores
Convenience store
Dry cleaners and laundries,
take-in
Drugstores and pharmacies
Fumimre stores
Funeral homes, mortuaries
Grocery stores
Hardware stores
Laundry, self service
Liquor store, package stores
Marine supplies
Service station
Swimming pool supplies
All other retail uses
per 3 seats in assembly or auditorium area
whichever is larger.
6 spaces for first machine, 4 spaces (stand
alone) for each addition~ machine.
3 spaces plus 4 _3 spaces per service bay.
5 spaces, plus 1 space 1 space for each 25
parking spaces for vehicle inventory.
1 space per 290 300 square feet of interior area
(not including service bays) plus 1 space for
each ~5 35 parking spaces for vehicle inventory
plus 4 spaces for each service bay.
3 spaces, plus 1 space per 200 square feet of
convenience store, including cashiering area,
plus 4 spaces per service or washing bay, plus 3
spaces per automatic teller machine, plus any
restaurant use.
! g~ace per 299 square f,~t 'GFA.
4 spaces plus 8 stacking spaces per line or
station.
1 space per 299 250 square feet GFA.
2 spaces per chair or 1 space per 150 square
feet GFA if not provided.
1 space per 200 square feet GFA,
plus 4 spaces per ATM
1 space per 300 square feet GFA.
1 space per 150 250 square feet GFA.
1 space per 500 square feet GFA.
1 space per 200 square feet GFA.
1 space per 150 200 square feet GFA.
1 space per 200 square feet GFA
1 space per 500 square feet GFA.
spaces per 1000 S.F. GFA.
1 space per 150 200 square feet GFA.
1 space per 300 square feet GFA.
0.75 spaces per each wash machine and clothes
I space per 150 square feet GFA.
1 space per 300 square feet GFA.
See: automobile service station.
1 space per 300 square feet GFA.
1 space per 290 250 square feet GFA.
Land Development Regulations
C, ity of Aventura, Florida Page 8-12
801.2.12
801.2.13
Non-residential: Large Shopping Cemers.
(a) Shopping cemers over 40,000 square feet in gross floor area
may use the following generalized parking values:
1) One (1) parking space for each two hundred twenty-five (225)
square feet of gross floor area in shopping centers with less
than two hundred thousand (200,000) square feet of gross
leasable area.
2) One (1) parking space for each two hundred (200) square feet
of gross floor !c~,abl. e area in shopping centers with two
hundred thousand (200,000) square feet or more of gross
leasable area.
Shopping centers which have gross floor areas under two hundred
thousand (200,000) square feet may use the generalized parking
values only if no more than ten percent (10%) of gross leasable
area occupied by any one or uny combination of the following
uses:
Bars, Beer Gardens, Cafes, Cafeterias, Cocktail lounges,
Convenience stores, Night clubs, Restaurunts, Taverns, Theaters.
At the discretion of the Community Developmem Director,
shopping eemers utilizing the generalized parking values may be
required to enter into a covenant or other site plan restriction
mandating adherence to this requirement.
(b)
apply ~,:,:^. ,~ ~;~,, t-~--~;oo:^, for
Shopping cemers may pc .............. j ............
approval of shared parking. The petition for shared parking shall
include un independent parking study in a form acceptable to the
City, which includes but is not limited to, information indicating
that the shopping center uses are such that a sufficient disparity in
peak demand for parking spaces exists to support the concept of
shared parking.
At the discretion of the Community Developmem Director,
shopping centers utiliTing shared parking may be required to enter
into a covenant or other site plun restriction restricting the size,
mix or location of uses within the shopping center.
(c) Parking requirements for shopping centers not meeting these
criteria shall be calculated on a use by use basis.
Non-residential: Miscellaneous Uses.
(a) Places of worship: One (1) parking space per four seats in the
l~and Development Regulations
City of Aventura, Ylorida Page 8-13
801.2.14
est asse area ...........
Sunda3 .................
(b)
Parking for passengers of cruise boats, charter boats, water taxis
or ferries: One per seat capacity of boats served. Prov'~ion of
Calculating Required Parking Spaces:
(a)
Uses not specifically mentioned: The requirements for off-street
parking for any uvapeeified uses not specifically listed in this
section shall be the same as provided in this section for the use
most similar to the one sought, as determined by the Community
Development Department.
(b)
Fractional spaces: When units or measurements determining
number of required off-street parking spaces result in requirement
of fractional space, any such fraction equal to or greater than one-
half(I/2) shall require a full off-street parking space.
(c)
Mixed uses: In the case of mixed uses, the total requirements for
off-street parking shall be the sm of the requirements of the
various ms computed separately, and off-street parking space
for one use shall not be considered as providing the required off-
street parking for any other use.
(d) Measurements:
1) For the purposes of this chapter, Gross Floor Area (GFA)
shall mean the floor area inside of the exterior walls
Land 1)evelopment Regulations
City of Aven~ra, Florida Page 8-14
801.3
including elevators, stair wells, common corridors, trash
rooms, common lobbies, common rest moms, meter rooms
and ancillary power equipmem rooms.
2)
For the purposes of this article, Net Floor Area (NFA) shall
mean the floor area inside of the exterior walls excluding
elevators, stair wells, common corridors, trash rooms,
common lobbies, common rest rooms, meter rooms,
ancillary power equipment rooms, and all rooms with
ceilings less than six (6) feet high.
3) For the purposes of this article, Total Floor Area (TFA)
shall mean the same as Gross Floor Area.
4) In hospitals, bassinets shall not count as beds.
5)
In stadiums, sport arenas, places of worship and other places
of assembly in which occupants utilize benches, pews or
other similar seating facilities, each twenty (20) lineal inches
of such seating shall be counted as one (1) seat for the
purpose of computing off-street parking requirements.
6)
In outdoor display areas for vehicle sales or rental, only
areas designated for vehicle parking shall be measured.
Driveway aisles and landscaped medians are not intended to
be included in the measured area.
Usc Of Permitted Facilities.
801.3.1 Permitted Use. Parking spaces approved in accordance with this
chapter may be used for the intermittent parking of licensed motor
vehicles of employees, occupants, owners, tenants or customers
utilizing the building or use served by said required parking space.
Supplemental parking (parking facilities provided but not required)
may be ased for any purpose related to the use of the building it
serves, subject to the conditions hereinatier set fo~tk~f~htg-maS-~
801.3.2 l,imitations On Use Of Required Parking Facilities. The tbllowing
uses and activities shall not be permitted in required parking facilities:
(a) Parking to serve an off-site building unless in accordance with an
off-site parking agreemem approved by the City in accordance
with this chapter.
(b) Storage, repair or display of any vehicles, equipmem or
merchandise, except as may be approved by the City through a
l~and l)o¥elopment Regulations
City of Aventura, Florida Page 8-15
801.4
temporary use permit.
(c) Parking of vehicle, which, due to its size, shape, contents or
location creates an obstruction, safety hazard or nuisance.
(d) Parking of vehicles outside of designated parking areas approved
on a site plan.
Off Street
808.4.1
Loading.
General Provisions.: Adequate space for loading and unload/ng of
materials, goods or things, and for delivery and shipping, shall be
provided and maintained on the samc plot as the building which it
Where any structure is enlarged or any use is extended so that the size
of the resulting occupancy comes within the scope of this section, the
full amount of off-street loading space shall be supplied and
maintained for the structure or use in its enlarged or extended size.
Where the use of a structure or land or any part thereof is changed to
a use requiring an off-street loading space, such space shall be
supplied and maintained to comply with this section.
For the purposes of this section, an off-street loading space shall be
an area at the grade level at least ten (10) feet wide by twenty-five
(25) feet long with fourteen foot vertical clearance. Each off-street
loading space shall be directly accessible fi.om a street or alley without
crossing or entering any other required loading space, and shall be
arranged for conveniem and safe ingress and egress by motor
truck and/or trailer combination. Such loading space shall also be
accessible from the interior of any building it is intended to serve.
801.4.2
Specifications. The following minimum conditions shall apply;
additional conditions may be imposed as part of a conditional use or
final site plan approval. Off-street loading spaces shall be provided
and maintained in accordance with the following schedule:
(a) For each retail store, storage warehouse, wholesale establishment,
industrial plant, factory, fi.eight terminal, market, restaurant, fimeral
home, laundry, dry cleaning establishment or similar building or use
which has an aggregate gross floor area of:
5,000 square feet to 25,000 square feet - 1 space
25,000 square feet to 60,000 square f~et - 2 spaces
60,000 square feet to 120,000 square feet - 3 spaces
120,000 square feet to 200,000 square feet - 4 spaces
200,000 square feet to 290,000 square feet - 5 spaces
Plus for each additional 90,000 square feet over 290,000 square
land Development Regulations
City of Aventura, Florida Page 8-16
801.5
feet or major fraction thereof- 1 space
(b) Convenience store - 1 space
(c) For each multiple dwelling, hotel or motel which has a
number of dwelling or hotel/motel units of.'
25 to 50 units - 1 space
Over 50 to 200 units - 2 spaces
Over 200 units - 3 spaces
Such loading spaces shall not be located in the required front yard.
(d) For each auditorium, convention hall, exhibition hall, museum
hotel, office building, sports arena, stadium, hospital or similar use
which has an aggregate gross floor area of:
Over 20,000 square feet but not over 40,000 square feet - 1
space. Plus for each additional 60,000 square feet over 40,000
square feet or major fraction thereof. - 1 space The loading
requirements for any unspecified use shall be that which is
required for similar specified uses.
(e) Off-street loading facilities supplied to meet the needs of one
use shall not be considered as meeting off-street loading needs of
any other use,
(f) No area or facilities supplied to meet the required off-street
parking facilities for a use shall be for, or be deemed to meet, the
requirements of this section for off-street loading facilities.
(g) Nothing in this section shall prevent the collective, joint or
combined provision of off-Street loading facilities fbr two (2) or
more buildings or uses, provided that such off-street loading
facilities are equal in size and capacity to the combined
requirements of the several buildings or uses and arranged as to be
usable thereby.
(h) Plans for buildings or uses requiring off-street loading facilities
under the provisions of this section shall clearly indicate the
location, dimensions, clearances and access of all such required
off-street loading facilities.
Drive-Through Service Windows. Businesses that provide a drive-through
service are required to provide a drive-through service lane or lanes, whether for
stacking or queuing, as separate and distinct lanes fi'om the circulation lanes
necessary for entering or exiting the property. Each drive-through lane shall be
separated from other on-site lanes. Each such drive-through lane shall be curbed
l~and Development Regulations
(3ity of Aventura, Florida Page 8-17
striped, marked or otherwise distinctly delineated. A separate and distinct escape
lane shall be provided XT~;+~.~ n ~ .... +~ ........... C~. o:+~ ~:.~..~+: .....
~A public street or alley shall no~t be counted as an escape lane. Drive-through
lanes and escape lanes shall not conflict, or otherwise hamper access, to or fi-om
any parking space. Pedestrian walkways shall be clearly separated fi-om drive-
through lanes.
801.5.1
Specifications. Stacking spaces necessary for the provisions of
drive-through lanes shall be determined using the following table.
Stacking area shall be provided at the first required stopping area,
such as the ordering board of a restaurant. If a second stopping
area is required, such as a delivery and cashiering window,
auxiliary stacking area shall be provided in the indicated amounts.
Type of Facility Primary Stacking A wxiliary Stacking
Automatic Teller
Machine
Bank
Car Wash
as accessory use
Gatehouse
Laundry, Dry
Cleaners
Pharmacies
Restaurant
Video rental
4 per service lane
4 per service lane
4 per service lane
3 per service lane
2 per resident lane
5 per visitor lane
2 per service lane
3 per service lane
6 per service lane
5 per service lane
I per service lane
1 per service lane
2 per service lane
I per service lane
I per service lane
i per service lane
2 per service lane
I per service lane
l,and Development Regulation8
City of Aventura, Florida Page 8-18
Section 802. Driveway Standards.
802.1
Design. Driveway locations, cross-sections and grades shall be installed in
accordance with this Section, approved engineering plans, and the South Florida
Building Code as amended fi.om time to time. Driveway access to the street
system shall be according to the Subdivision Design Standards, Street Layout
contained in these regulations.
802.2
Intersection with Streets. Driveways for residential lots shall not encroach into
the street comer radius of two intersecting streets, or be closer than twenty fivc
(25) feet to the intersection of extended right-of-way lines. Driveways for mulli-
family and non-residential parking lots shall not intersect a street comer radius,
or be closer than filly (50) feet to the intersection of extended right-of-way lines.
802.3 Separation Between Driveways.
802.3.1 Residential Lots. Driveways for single family residential lots shall be
separated by a minimum often (10) feet.
802.3.2
Multi-Family and Non-Residential Parcels. Driveways for multi-
family residential parcels and non-residential parcels on collector
roads shall be separated by no less than one-hundred-fifty (150) feet
of landscaped fi.omage. Driveways for multi-family residential parcels
and non-residemial parcels on arterial roads shall be separated by no
less than three-hundred-thirty (330) feet of landscaped fi.omage.
802.4
Maximum Width. The maximum width of any driveway measured at the right-
of-way line shall not exceed the following:
(a)
Single Family and Duplex Residential -- Twenty (20) feet in width for
straight driveways. Circular driveways may be permitted with a total
of thkty (30) feet in width, with no portion of the driveway being
wider than 20 feet at the right - of- way line.
(b)
Multifamily Residential -- Thirty-six (36) feet in width per driveway,
except that driveways containing a curbed landscaped median may be
permitted up to forty-eight (48) feet in width per driveway. The total
number of driveways allowed shall be limited to the number allowed
by the plat, or the approved site plan.
(c)
Non-Residemial- Thirty-six (36) feet in width per driveway, except
that driveways comaining a curbed landscaped median may be
permitted up to forty-eight (48) feet in width per driveway. Large
Shopping Centers and Large Office Btfildings are permitted
driveways up to forty-eight (48) feet in width per driveway, except
that driveways containing a curbed landscaped median may be
permitted up to fifty-six (56) feet in width per driveway. 3~he total
l,and Development Regulations
City of Aventura, Florida Page 8-19
802.5
802.6
802.7
802.8
number of driveways allowed shall be limited to the number allowed
by the plat, or the approved site plan.
Minimm Size. Driveways for single family and duplex structures in all
residentially zoned districts shall have a minimum width of eighteen (18) feet and
a minimum length of twenty (20) t/et providing that such 20 feet shall be clear of
sidewalks and roadway easements within the confines of the subject parcel unless
otherwise specified in these regulations. Driveways for three car garages shall
have a minimum width of 26 feet.
Proximity to Property Lines. Except for, fee simple attached residential, and
joint use accessways, driveways shall not be located closer to a property line than
the following:
(a)
Single Family and Duplex Residential -- Five (5) feet
(b)
Multifamily Residential ~- Ten (10) feet or the buffer yard
requirement contained in these regulations, whichever is greater
(c)
Non-Residential -- The width of a required buffer yard, or if no buffer
yard is required, ten (10) feet to another non-residential parcel or
fifteen (15) feet to a residential parcel.
Paving. Driveways shall be paved with a hard, dm-free paving material
complying with the South Florida Building Code, as amended from time to time.
Lots within Residential Single (RS) Family Zoning Districts, shall utilize portland
concrete material as a minimum for driveways and aprons. Asphalt material is
not permitted. In all other zoning districts all driveway connections (aprons)
shall be paved with Type S-1 asphaltic concrete or other material approved by
City's Engineer.
Clear Sight Triangles. All driveways and street intersections shall provide clear
sight triangles in both directions as follows:
804.8.1 Measuremem. Clear sight triangles on both sides of all driveways,
medians and at all street intersections shall be measured as follows:
(a)
Two Major Streets. Twenty (20) feet along the right-of-way lines
from the intersection of two major streets.
(b)
Major Street/Local Street. Twenty (20) feet along the right-of-way
lines from the intersection ora major street with a local street.
(c)
Two Local Streets. Twenty (20) feet along the right-of:way lines
from the intersection of two local streets.
(d)
Driveway/Major Street. Twenty (20) feet along the right-of-way
]~and Development Regular, ions
City of Aventura, Florida Page 8-20
(e)
(0
802.8.2
lines fi.om the intersection of a driveway with a major street.
Driveway/Local Street. Ten (10) feet along the right-of-way line
from the intersection of a driveway with a local street.
No parking areas shall be permitted within clear sight triangles.
Landscaping. The area within any clear sight triangle shall be planted
and maintained in a way that provides clear visibility fi.om a height of
thirty (30) inches to a height of eight (8) feet above the crown of the
street. Vegetation shall be tfinm~ so that no limbs or foliage extend
into the required visibility area.
IJand Development Regulations
City of Avenlrura, Florida Page 8-21
Chapter 9: SIGN REGULATIONS
Section 901. Sign Regulations
901.1
Intent and Purpose. Ihe purpose of this Section is to promote and protect the
public health, safety and general welfare by regulating existing and proposed
Signs and other street graphics within the City. In particular, this Section is
intended to preserve the unique aesthetic character of the City and ensure that
Signs are compatible with their surroundings. It Js further intended to protect
property values, create a better business climate, enhance the physical appearance
of the community, p;eserve the natural beauty of the City and improve vehicular
and pedestrian safety and reduce visual pollution. It is the belief of this City
Commission that the nature of Signs is to provide an index to needed goods and
services. It is the intention of this Section to control those Signs and to authorize
the use of Signs that are:
(a) Compatible with their surroundings.
(b) Expressive of the identity of individual propfietocs or of the community as a
whole.
(c) Legible under the circumstances in which they are seen.
(d) Effective in indexing the environment.
(e) Conducive to promoting traffic safety by preventing visual distraction.
901.2
Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abandoned Sign: A Sign is considered abandoned it'the business or other
use advertised on that Sign is no longer licensed, no longer has an
Occupational License or is no longer doing business at the location to which
the Sign pertains.
Advertising: Any form of public announcement intended to aid, directly or
indirectly, in the sale, use or promotion of a product, commodity, service,
activity or entertainment.
Animated Sign: A Sign that uses motion of any part by any means, or that
displays flashing, oscillating, sequential or intermittent lights other than Time
and Temperature Signs, stock market price quotations and Changeable Copy
Signs.
Attention-Getting Devices: Blinking or flashing lights, streamer lights,
pennants, banners, balloons, streamers, and all fluttering, spinning or other
type of attention attractors or advertising devices.
Awning Sign: A Sign placed on an awning that is supported entirely from
the exterior wall of a building and composed of a non-rigid material, and a
supporting framework.
Balloon Sign: Any Sign of fabric type material, inflated by air to a point of
semi-rigidity for the purpose of floating above the ground or a building.
Land Development Regulations
Cii-y of Aventura, Florida Page 9-1
Banner Sign: A Sign having characters, letters or illustrations applied to
cloth, plastic, paper or fabric of any kind with only such material for backing.
Flags shall not be considered as a banner.
Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating
device.
Billboard: A Sign, including Signs located in the public fight-of-way,
utilized for advertising an establishment, an activity, a product, service or
entertainment, which is sold, produced, manufactured, available or furnished
at a place other than on the property on which the structure is located.
Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered
or contained within a box-like structure, frame or other device.
Bunting: Any kind of pennant, streamer or other similar fabric decoration.
Building Frontage: The horizontal distance on the ground from one end of
a building to the other, parallel to the designated front lot line of the property,
as determined by the Director.
Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a
bench or to a shelter used by persons awaiting transportation.
Canopy Sign: A Sign hanging underneath a pedestrian shelter canopy in a
Multi-tenant Center.
Changeable Copy Sign: A Sign displaying messages that can be, or are
intended to be, changed electronically or by use of removable letters and
numerals.
Channel Letter Sign: A Sign using three dimensional letters, numbers or
logos with a groove, or other indentation or recess in the surface having an
independent physical existence from the building or other structure to which
it is attached.
City Manager: The City Manager of the City of Aventura, Florida or
persons designated by the City Manager to interpret, administer and enforce
this Section.
Community Service Sign/Special Event Sign: Any Temporary Sign which
advertises solely a function or event of a non-profit organization, civic event
or meeting, or other similar activity of a temporary nature.
Construction Sign: A Sign containing inlbrmation relating to improvements
to existing building or to new construction such as the project name, names
of a general contractor, architect, engineer or similar finn.
Corner Location: Any free standing building located adiacent to the
intersection of two public streets.
Detached/Freestanding Sign: Any Sign that is not attached to or painted on
a building, but that is affixed to a supporting structure that is attached to the
ground by a concrete foundation. Such Signs include Monument Signs.
Such Signs do not include Pole Signs and Pylon Signs.
Development Identification Sign: A Sign installed on a building or around
the perimeter of a residential development or neighborhood identifying the
name of that building, development or neighborhood.
Director: The Director of the Community Development Department.
Directionalanstructional Sign: A Sign that guides or directs the public and
Land I)evelopmcnt Regulations
City of Aventura, Florida Page 9-2
contains no advertising. The name of the facility (such as store name) to
which the Sign provides direction may be included when specified conditions
in this Section are met.
Directory Sign: A Sign index consisting of the names of tenants of an office
building, shopping center or other Multi-tenant Center.
Entrance Feature: Any combination of decorative structures and landscape
elements located at the entrance to the development, which identify or draw
attention to the development and/or act to control ingress and egress to the
development. An Entrance Feature may include, although is not necessarily
limited to, ornamental walls, fences, identifying lettering, logos, works ofarl
and other landscape elements, as well as gatehouses, either singly or in any
combination.
Externally Illuminated Sign: Any Sign illuminated by shielded electric lights
(including reverse channel lighting and back-lighting) which are not part of
the Sign. All Externally Illuminated Signs shall have the illumination device
fully screened fi'om view.
Facade: The front face ora building fi'om the ground to the roofline.
Flag: Any fabric containing distinctive colors, patterns, or symbols used as a
symbol ora government or other public or private entity.
Government Instructional Sign: A non-commercial Sign permanently
erected and/or maintained by the City, the County or State, or any agency
thereof. Such Sign may include legal notices, identification and information
and may direct or regulate pedestrian or vehicular traffic.
Hospital: For purposes of this Section, this term shall apply to only acute
care hospitals and associated facilities with a minimum of 300 in-patient beds.
Internally Illuminated Sign: Any Sign having translucent characters, letters,
designs, logos or outlines illuminated by electric lights located within the
Sign, or luminous tubes designed for that purpose.
Marquee Sign: Any Sign attached to or hung from a covered structure
projecting fi'om, and supported by the building with independent roof and
drainage provisions, and which is erected over a doorway or entranceway as
protection against the weather.
Model Sign: A Sign that designates a particular dwelling unit or units that is
exhibited to depict other traits of a similar design for sale or rent.
Monument/Ground Sign: A stone, masonry or stucco Sign mounted on a
fi'eestanding solid structure supported solely by its own ground-mounted
base or supported by two pole-like supports not to exceed 18 inches in
height which is not attached or affixed in any way to a building or other
structure.
Multi-tenant Center: Any shopping center, office center or business center
in which two or more occupancies abut each other on the site or share
common parking facilities or driveways or are otherwise related.
Murals: Any mosaic, painting or graphic art technique applied, implanted or
placed directly onto an exterior wall.
Nameplate Sign: A Sign indicating the name, and/or profession or address
of a person, persons or business legally occupying the premises.
Land Development Regulations
Ciiy of Aventura, Florida Page 9-3
Neon Sign: Any Sign or building trims utilizing neon or other similar gas for
illumination.
Non-conforming Sign: A legal and permitted Sign (including a Sign for
which a variance has been granted) existing as of the effective date of this
Section but which does not comply with the requirements of this Section or
any amendments to this Section-
Off-Premise Sign: Any Sign advertising a commercial establishmem,
activity, product, service or entertainment that is sold, produced,
manufactured, available or furnished at a place other than on the property
upon which the Sign is located. A Real Estate Open House Sign shah not be
considered an Off-Premkses Sigr~
Office Building: A Principal Building primarily used for the conduct of
business, such as administration, clerical services, and consultation with
clients and associates. Such buildings can be large or small and may house
one or more office concerns.
Painted Wall Sign: Any painted Sign attached to and erected parallel to the
face of, or painted on the outside wall of any building.
Parapet: A false front or wall extension above the Roofline of a PrSacipal
Building.
Parapet Sign: Any Sign attached to or supported by a Parapet.
Parcel Frontage: The distance for which a lot line of a property adjoins a
street, from one property line intersecting said street to the furthest distance
property line intersecting the same street.
Pole Sign: Any Sign erected upon a pole or poles that is wholly independent
of any building and/or other structure for support.
Portable Sign: Any Sign not permanemly attached to the ground or other
permanent structure or any Sign designed to be transported. Portable Signs
shall include, but not be limited to Signs designed to be transported by means
of wheels; skid-mounted Signs; Signs converted to A- or T-frames; Menu
and Sandwich Signs; Balloon Signs and Vehicle Signs.
Principal Building: The primary structure excluding ancillary, accessory or
attached structures or devices.
Projecting Sign: A Sign directly attached to and extending from a building
or other structure by more than four inches.
Pylon Sign: A Sign attached to or painted on the face of a vertical or
horizontal extension of any face of a building which extension constitutes an
integral part of the building structure.
Raceway: An enclosed channel of metal or nonmetallic materials designed
for housing electrical wires or cables. For purposes of these regulations,
raceways are located behind channel letters and may be used for support of
the letters. In no instance will raceways be permitted which are longer than
the lettering they are located behind.
Reader Board: A permanent Sign or portion thereof with characters, letters
or illustrations that can be changed or rearranged, electronically or otherwise,
without otherwise altering the face or the surface of the Sign. A Sign on
which the only copy that changes is an electronic or mechanical indication of
Land Development Regulations
Ci~ of Aventura, Florida Page 9-4
time or ternpemture, stock market price quotations, or retail gasoline service
station prices shall not be considered a Reader Board.
Real Estate Open House Sign: A Portable Sign indicating property for rem,
lease or sale that is currently open for inspection~
ReM Estate Sign: A Temporary Sign erected on-site by the owner or his/her
agent, indicating property which is for rent, lease or sale, open for inspection,
shown by appointment only or such similar announcement.
Residential Zoning District: An area containing land zoned for residential
development.
Reverse Channel Letter Sign: Opaque individual letters, numbers or loges
that are mounted directly on the wall with lighting within the letter, number
or logo so that they reflect offofthe wall, i.e., reverse lighting.
Roof.' The roof of the Principal Building.
Roofline: The lower extreme of the flat or nearly flat roof limits of the
Principal Building.
Roof Sign: A Sign erected over or on the Roof, or extending above the Roof
Line, which is dependent on the Roof, Parapet or upper walls of a building
for support.
Safety Sign: Any type of safety marking or device as may be prescribed by
fire authorities or any other official public agency.
Sign: Any structure and all parts composing the same, together with the
flame, background or support therefor, that is used for idemificatien
advertising, inlbrmational or display purposes or any statuary, sculpture
molding, casting or other objects used for identification, informational
advertising or display purposes in a permanent or temporary nature.
Merchandise vehicles or equipment used as an attention attractor or
advertising device, with or without a printed message, shall be considered a
Sign.
Sign Area: The square foot area enclosed by the perimeter of the Sign
structure, including borders and framing. When a Sign is composed of
individual letters, symbols or loges only, the Sign Area is the area enclosed
by a perimeter line forming a single rectangle or square enclosing all letters,
symbols and loges, and shall be measured to the furthest point. In the case of
a Monument Sign, the Sign Area is the square foot area from the ground to
the max[mum height, times width.
Sign Height: The height of a Sign measured fi'om the finished ground
elevation to the top extremity of the Sign. If the area around the Sign is
bermed, then the height of the Sign is measured using the crown elevation of
the fronting street.
Snipe Sign: A Sign that is tacked, nailed, posted, pasted, glued or otherwise
attached to trees, poles, stakes, walls, trash receptacles or fences, or to other
objects, excluding notices required by law.
Swinging/Hanging Sign: The term shall mean any Sign of larger than four
square feet in size which swings freely, rotates or revolves from or on
supports with or without guy wires.
Temporary Sign: Any Sign to be displayed for a limited period as specified
Land Development Regulations
Cit~ of Aventura, Florida Page 9-5
elsewhere in this Section. A Temporary Sign shall be displayed only on the
site to which it applies.
Through Store: A tenant with frontages on two opposite sides but not
comer locations.
Time and Temperature Sign: A display comaining illuminated numerals
flashing alternately to show the tir~ and/or temperature.
TraJfic Control Sign: Any sign found in the Manual of Uniform Traffic
Control Devices as may be amended from time to time.
Vehicle Sign: A Sign affixed to or painted on a transportation vehicle
including automobiles, vans, tracks, boats, trailers and campers for the
purpose of identificatica or advertisement, excluding Signs less than two
square feet per side of the vehicle and excluding Signs on vehicles used in the
normal day-to-day operations of a business. V-Sign: A freestanding Sign
with two sides angled rather than parallel and flush. The spread of the V at
the open end shall not be greater than the length of its narrowest side. A V-
Sign shall be counted as one Sigrr
Wail Sign: A Sign which is affixed to or painted on and flat against an
exterior wall, fascia, cantilever or marquee of any building that is parallel
thereto and supported by such wall, fascia, cantilever, m~arquee or building.
Window Sign: A Sign attached to or painted on the inside of a storefront
window or door.
901.3
Prohibited Signs
The following are prohibited:
a) A Sign that significantly covers, interrupts or disrupts the major architectural
features ora building.
b) Abandoned Signs.
c) All Signs which display services or products as opposed to the business
nanle.
d) All Signs located on or over public property or right-of-way, except those
installed by governmental agencies.
e) Animated Signs.
f) Any Sign placed on or attached to utility poles except for the purpose of
utility idemification~
Any Signs that could be co~d with a Traffic Signal or Traffic Sign.
Any Signs that in the opinion of the City Manager constitute a safety ba?~rd.
Attention-Getting Devices.
Balloon Signs.
Bare Bulb Signs.
Billboards, other than those lawfixily existing on the effective date of
Ordinance No. 97-12 and protected by Sec. 479.15(2), Fla. Statutes.
m) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet
Wall Signs comprised of boxes with cabinets consisting of individual letters
or where each box/cabinet consists of an individual letter or where the
individual letters are tmnslucem and the Sign face is opaque.
n) Buntings.
g)
h)
i)
J)
k)
Land Development Regulations
Ci~ of Aventura, Florida Page 9-6
90t .4
o) Bus Bench/Shelter Sig~s.
p) Changeable Copy Signs except as specifically permitted under this Section.
q) Signs erected or painted on fences or wall enclosures except as specifically
permitted in this Section.
r) Marquee Signs, except as specifically permitted in this Section.
s) Murals.
t) Neon Signs (other than Reverse Channel and Wall Signs where permitted)
including neon building trim.
u) Off-Premise Signs.
v) Painted Wall Signs.
w) Parapet Signs, excepting that 50% of that portion ora sign located in an area
with a parapet may extend above the roofline.
x) Any Signs illuminated from outside the boundaries of the Sign unless the
source of illmnination is not visible from any abutting right-of-way or any
adjacent property.
y) Pole Signs.
z) Portable Signs, except as specifically permitted under this Section.
aa) Projecting Signs, except Canopy Signs.
bb) Pylon Signs.
cc) Reader Boards.
dd) Roof Signs.
ee) Service station pump island banners or advertising or promotional Signs.
fl) Signs attached to trees or other vegetative landscaping material.
gg) Signs placed on awnings, shades, canvas or other similar structures, except
as specifically permitted.
hh) Signs with raceways unless approved by the Community Development
Director for those situations where there is no alternative method.
ii) Snipe Signs.
~) Swinging/Hanging Signs.
kk) Vehicle Signs close to or on the public right-of-way when used for
advertising purposes at a given location or site in addition to or in lieu of
Temporary or other Signs permitted under this Section.
Required Signs The following Signs shall be placed where relevant by a property
owner and do not require a permit:
(a) Safety Signs
(b) Address numbers:
(c) Residential building with four dwelling units or less -- address numerals at
least four inches high but not greater than ten inches.
(d) Residential building with more than four dwelling units -- address numerals at
least ten inches high.
(e) Non-residential buildings -- address numerals at least ten inches high.
(f) Handicapped parking and handicapped access Signs: In accordance with
state handicapped parking and Federal Disabilities Act access requirements.
(g) Traffic Control Signs
(h) Baby Stroller Signs: As required by the Dade County Code.
Land Development Regulations
City. of Aventura, Florida Page 9-7
901.5
901.6
(i) Handicapped Parking Signs or other similar parking Signs.
Other Si~s / No permit required_
The following Signs may be placed without the filing of an application for the
issuance of a permit or the payment of a fee, but shall, unless otherwise
exempted, be subject to all other regulations set forth in this Section. The
foregoing exemption fi.om filing shall not be construed to waive the other
provisions of this Section or the structural requirements outlined by this Section
and/or the South Florida Building Code, as may be amended from time to time.
a) Government Instructional Signs
b) Tempormy holiday decorations, provided they carry no advertising matter,
and further provided that they are not in place more than 45 days and are
removed fourteen days after the holiday ends.
c) No-trespassing and no-dumping Signs not to exceed one and one-half square
feet in Sign Area and not to exceed four per lot, except that special
permission may be obtained fi.om the City Manager for additional Signs
under proven special circumstances.
Permitted Flags.
Nameplate Si~ts in residential districts when letters for said Signs do not
exceed three (3) square feet in Sign Area.
Nameplate Signs in non-residemial districts on the rear of the building with
Sign Area not in excess of three (3) square feet and with letters not
exceeding three (3) inches in height.
Signs of a noncommercial nature erected by public utilities.
School and places of worship Signs as specified in this Section.
Signs indicating the availability of accommodation in hotels, motels, etc.,
when said Signs conform to alt provisions of this Section and when said Sign
Area does not exceed three (3) square feet.
Changes of copy in permitted Changeable Copy Sign.
d)
e)
g)
h)
i)
J)
Residential Permanent Signs The following Signs are authorized in all Residential
Zoning Districts and Residential-office Zoning Districts:
(a) Development Identification Sign: Permitted only for (i) multffamily buildings
with more than five units; (il) single-family developments with more than five
units; (iii) religious institutions, schools and public uses. Where multilhmily
dwellings are part of a larger development, there shall he only one
Development Identification Sign on each public street frontage of the
development.
Approvals Necessary:
Nm'nber (maxim um):
City Manager
I Monument Sign (or Sign mounted on perimeter wall)
per street frontage indicating the name and address of the
complex, except 2 are permitted where attached to wall of
symmetrical Entrance Feature
Sign Copy Area (maximum): 32 sq. t~. (aggregate if2 Signs)
Sign Height (maximum):
Land Development Regulations
Ci~ of Aventura, Florida Page 9-8
901.7
Setback (minimum):
Illumination
Changeable Copy Sign
(b) Directional
Approvals Necessary
Number:
Sign Area (maximum):
Sign Height (maximum):
Other restrictions
6 fi. from fight-of-way, 15 fi. fi.om side property line
Externally Illuminated Signs only.
Schools, religious and public institutions only may be
permitted one Changeable Copy Sign in lieu of the
permitted Monument Sign. Said Sign shall not exceed
thirty-two (32) square feet in Sign Area.
City Manager
To be approved as part of site plan. If not approved as
part of site plan, separate permits required
4 sq. fi. each
3fi.
No advertising copy.
25% of the Sign Area.
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 Section 901.9 hereof (provided that the subject Center
complies with the definition provided in this Section).
The following Signs are authorized in all nonresidential districts in the City:
(a) Detached, Freestanding or Monument Signs where otherwise permitted, shall
not be closer than two hundred (200) feet to any other previously permitted
detached, freestanding or monument Sign.
Approvals Necessary
Number (maximum);
City Manager
l per parcel; parcel must have frontage of at least 100 feet
on a public street, except for gasoline station parcels where
a 48 square foot Sign shall be permitted notwithstanding
the street frontage or distance separation of the parcel
occupied by the gasoline station.
(Subdivision of an existing building or planned building
group shall not entitle the new parcels to additional
Monument Signs).
Sign Area (maximum): 48 sq. fi
Sign Height (maximum): 8 fi.
Setback (minimum):
From right-of-way line: 6 fl.
From side property line: 20 It.
Illumination
Externally Illuminated Signs or internally illuminated
letters or logos only.
Land Development Regulations
City of Aventura, Florida Page 9-9
Supplemontal provisions:
Option on number of Signs if 2 Signs, aggregate area not to exceed 72 sq. ft.
parcel has 300 or more feet of
Parcel Frontage and two two-way
access points on different public
streets.
25% of the Sign Area.
Time and Temperature Sign
authorized within total permitted
Sign area.
Landscaping and visibility sight
triangle on comer lot.
Changeable Copy Sign
See applicable provisions contained in this Section.
Schools, religious and public institutions only may be
permitted one Changeable Copy Sign in lieu of the
permitted Monument Sign. Said Sign shall not exceed
forty-eight (48) square feet in Sign Area.
(b) Wall Sign (Permitted only on buildings where the majority of the floor area is
in retail use. In the case of a Multi-tenant Center, Wall Signs are permitted
on walls that face an access drive or internal courtyard).
Approvals Necessary City Manager
Type Reverse or Channel Letter Sign only
Number (maximum): 1 per ground or second floor establishment which has its
own frontage and entrance facing a public street. (If the
Parcel Frontage requirement for a Monument Sign
precludes an office building from having a Momwnent
Sign, one building identification Wall Sign that otherwise
meet the Wall Sign standards is authorized). Comer or
Through Store locations may have an additional Wall
Sign. Such second Sign shall be limited to 50% of the
square footage of the primary Sign.
Sign Area (maximum):
I sq. fi. for each 1 lineal fi. of Tenant Frontage for each
Sign located within 300 fi. of a street on which the
building fronts.
1.5 sq. ft. for each I lineal ft. of Tenant Frontage for each
Sign located more than 300 fl. of a street on which the
building fronts.
Illumination:
See definition of Reverse or Channel Letter Sign
Supplemental provisions: See gas
station provisions contained in
this Section
Laud Development Regulations
City of Aventu fa, Florida Page 9- I 0
(c) Canopy Sign:
Approvals Necessary
Number (maximanQ:
City Manager
1 per establishment
Sign Area (maximum): 4 sq. fl..
Minimum clearance
ground:
Must be rigidly atmched
above 8 fl..
(d) Awmng S~gn (pc ........... v
Approvals Necessary City Manager
Number (maximum): I per establishment
Lettering
I line; letters not to exceed 9 in. in height
Logo Maximum of 6 sq. ft.
(e) Directory Sign:
Approvals Necessary
Number (maximum):
Sign Area (maximum):
Location
City Manager
I per Multi-tenant Center, in addition to other permitted
Signs
32 sq. ft. Complex name and/or address shall not exceed
50% of base height.
On building wall (or freestanding within internal
courlyard)
Illumination
Externally or Internally Illuminated Signs.
(f) Window Sign (permanem):
Approvals Necessary City Manager
Number (maximum): I per establishment
Sign Area (maximum): 4 SCl. ft.
Illumination Prohibited
(g) Directional Sign:
Approvals Necessary
Number
City Manager
To be approved as part of site plan; if not approved as
part of site plan, permit required
Sign Area (maximum): 4 sq. fl..
Height (maximum):
Other restrictions
No advertising copy. Logos may cover no more than
25% of the Sign Area.
(h) Regional Mall Signs: The following Signs are authorized in all Regional
Malls located within the City consisting of an enclosed mall with a minimum
Land Development Regulations
Ci~ of Aventura, Florida Page 9-1 1
of three major tenants (minimum 100,000 square feet), located on not less
than seventy acres and consisting of not less than a total of one million square
feet of building area.
l. Detached, Free Standing or Monument Signs may be located at
each entry drive onto the Regional Mall property from any abutting
public right- of-way.
Approval Necessary City Manager
Number (maximum) I per access drive
I per each establishment which is located adjacent to the
public right-of-way or internal roadway
Sign Area (maximum)
Mall Property entry Signs
Free Standing Establishment
195 square feet maximum; the square footage shall be
calculated based only on the side/area having copy end not
include eny side without copy on architectural features or
shaped Sign such as cubes, squares or other geometric
shapes.
See Non-residential Sign requirements.
Sign Height (maximum)
Mall Property Entry
Free Standing Establishment
15fl.
See Non-residential Sign requirements.
Setback (maximum)
Mall Property Sign
Free Standing Establishment
Illumination
6ft.
6ft.
External or i~ternal illumination of letters and Iogos only
2. Wall Signs are only permitted on the three exterior walls of the
major tenants of not less than 100,000 square feet that face the exterior
Regional Mall property. Other tenants that provide direct pedestrian
access from the Mall property such as major restaurants or theaters
may also have Wall Signs. T:.r.z:x:z
Approval Necessary
Number (maximum):
City Menager
1 for each exterior wall for a tenent of at least 100,000
square feet, facing the exterior Mall premises. Such Sign
may only be located on the exterior wall of the specific
tenant space identified.
I per tenant for other tenants that provide direct access
from the Mall exterior ~ fzr ...... ~,~.,:~ 4: ........
Sign Area (maximum):
Major tenants (minimum
100,000 square fee~ of floor area)
500 sq. fi.; Lettering not over 12" located on a wall,
overhang or canopy which designates specific uses of a
100,000 sq. fi. tenant shall not constitute a Sign for
Land Development Regulations
Cit~ of Aventura, Florida Page 9-12
purposes of this Section.
Exterior Access tenants
75 sq. fi.
Illmnination
Reverse or channel letters or external illumination.
3. Canopy Sign:
Approvals Necessary
Number (maximum)
Sign Area (maximan0
Minimum clearance
ground
Must be rigidly attached
City Manager
I per establishment
4 sq, fl.
above 8 feet
4. Awning Sign:
Approvals Necessary
Number (maximum)
Lettering
Logo
City Manager
I per establishment
1 line; letters not to exceed 9 inches in ht.
Maximum of 6 sq. ff.
5. Window Signs:
Approvals Necessary
Number (maximum)
Sign Area (maximum)
Illumination
City Manager
1 per establishment
4 sq. ff.
Internal or external ilium[nation
6. Directional Signs:
Approvals Necessary City Manager
Number Approval as part of a site plan; if not approved as part of a
site plan, permit required. Such Signs may be located as
part of the internal road system as needed to insure traffic
flow and circulation.
Sign Area
Height
Other Restrictions
75 sq. ff.
9fi.
Only lO0,O00-sq, f. tenant identification, name and/or
logos allowed.
Logos may cover no more than 25% of the Sign Area.
Since Mall areas are by nature public access areas, necessary precautions must be
taken for the public safety, and permits will be required and processed in the
usual fashion for any Sign installation in the Mall area; the processing shall
include usual requiremems for plans showing construction, method of
installation, location, size and height above the pedestrian pathway. Interior
Wall, Window, Awning, Canopy Signs and interior Mall Directory Signs will be
permitted and shall not be calculated as one of the Signs permitted under the Sign
Land Development Regulallons
Ciiy of Aventura. Florida Page 9-13
901.8
Section. Any Non-conforming, legally permitted Signs that existed at the time
this Section became effective may be cominued, although it does not conform to
all the provisions hereof~ provided that no structural alterations are made thereto
except for change of copy.
The courtyard area may have entry Signs and logos to idemify the courtyard area
but shall not specify tenants. Such Signs may be mounted on a wall, entry
structure or other decorative feature. Such entry Signage (lettering) shall be
limited to 75 square feet.
Signage internal to the enclosed structure or courtyard of a Regional Mall shall
not be required to conform to these regulations. However, a Building Permit
shall be required for installation of all such Signs.
Directional Signs without advertising throughout the parking garage are exempt
from this limitation.
(i) Hospital:
1) Detached, Free-standing or Monument Signs
Approval Necessary City Manager
Number (maximum) By approval
Sign Area (maximum):
Area shall not exceed 65 sq. fi.
Sign Height (maximum):
Primary Sign 15 ft.
Secondary Sign 13 ft.
Setback (minimum):
Right-of-Way 6 ft.
Side Property Line 20 ft.
Shall not be closer than 50' to another Detached
Monument Sign
Illumination
External, or internal illumination of letters and Iogos only.
2. Wall signs
Approval Necessary
Number (maximum)
City Manager
1 per elevation
Sign Area (maximum)
sq. ft. for each I lineal fi. of elevation frontage
Illumination Reverse or channel let/ers or external illumination.
Temporary Signs
The following Temporary Signs are authorized in the City:
(a) Grand opening Banner:
Land Development Regulations
CiW of Aventura, Florida Page %14
Approvals Necessary
Number (maximum):
Sign Area (maximum):
Sign Height (maximum):
Length of display
Frequency
Other Restrictions
Number (maximum):
Sign Area (maximum):
Sign Height (maximum)
Setback (minimum)
Length of Display
Other Restrictions
Approvals Necessary
Number (maximum):
Sign Area (maximum):
Sign Height (maximum):
Setback (minimum):
Length of display
Nonresidential District
City Manager
1 per project
Nonresidential District
City Manager
l per establishment per calendar year
in a Multi-tenant Center
30 sq. fi. 30 sq. ff.
4fl. 4ff.
I4 consecutive days after issuance of 14 consecutive days after issuance of
initial cccupational license initial occupational license
I per year 1 per year
Sign copy shall only include "Grand
Opcming" and the Name of the
Project. Signs shall indicate
expiration date vn }ower right hand
Sign copy shall only include "Grand
Opening" and the Name of the
Project. Signs shall indicate
expiration date on lower right hand
(b) Real Estate Signs: (No permit required).
Residential District
I per lot, except comer
lots may have 2
40 sq. in. aggregate for each
411.
6fl.
Shall be removed within 10 days
alter the closing.
Sign copy shall be limited to: (i)
situation (i.e. sale, rent, lease, zoning,
size of property); (ii) name of owner;
broker or agent; (iii) phone number;
(iv) designs or trademarks not
comprising more than 20% of Sign
Area; (v) colors limited to black and
white
Nonresidential District
I perlot
4 sq. fl. aggregate
4fi.
6ff.
Shall be removed within 10 days
after the closing, or in the case of
property for lease, within 5 days after
all space is leased.
Sign copy shall be limited to: (1)
situation (i.e. sale, rent, lease, zoning,
size of property); (ii) name of owner;
broker or agent; (iii) phone number;
(iv) designs or trademarks not
comprising more than 20% of Sign
Area; (v) colors limited to black and
white
(c) Construction Sign:
Residential District Nonresidential District
City Manager City Manager
1 per lot 1 per lot
32 sq. fc 32 sq. ff.
4fi. 4ft.
6 fl. from proper~ line, not in right- 6 fl. from property line, not in right-of-
of-way or sight visibiqty triangle way or sight visibility triangle
Permitted for a 12 month period from Permitted for a 12 month period from
Land Development Regulations
City of Aventura, Florida Page 9-15
Other Restrictions
Number (mmxlmum):
Sign Area (maximum):
Sign Height (maximum):
Model arrow Signs
Flags
Time limit
Other Restrictions
Approvals Necessary
Sign Area (maximum):
Time limit
Frequency
Approvals Necessary
Number (maximmn):
Sign Area (maximum):
Height (maximum):
Length of display
Setback
date of building permit issuance or date of building permit issuance or
until construction completed until construction completed
Sign copy may include only: (i) project
name; (ii) nature of development; (iii)
general conlraetor; (iv) architect; (v)
lending institution; (vi) owner or
agent; and (vii) phone nmber
(d) Model Sign: (No permit required).
Residential District
I per model unit lot end 1 per office lot
Sign copy may include only: (i) project
name; (ii) nature of development; (iii)
general contractor; (iv) mchitect; (v)
lending institution; (vi) ovmer or agent;
and (vii) phone number
Nonresidential District
(Not applicable)
4 sq. fl.
4fl.
3 per development not to exceed 2 sq. fi. each. Shall
not be located in right-of-way or sight visibility
triangle.
Not permitted, except as specifically allowed in this
Section
Until certificate of completion/occupency is issued for
last house in development.
Sign copy may include only: (i) "Model"; (ii) builder;
(iii) architect; (iv) agent; (v) manbar of badronms end
baths; (vi) telephone number
(e) Window Sign, Temporary:
Residential District Nonresidential Disirict
City Manager Not permitted
10% of window area up to a maximum of 10 sq. ft.
14 days
Business or use shall be limited to 5 such advertising Sign
permits per calendar year
(0 Garage/Estate sale Sign:
Residential District
City Manager
1 per lot on site
6 sq. ft.
4ft.
Nonresidential
District
Not permitted
Maximum of I weekend during any 6 month period
Not on right-of-way
(g) Real Estate Open House Sign. Such Sign is located on-
premises, on private property (upon permission of the private
Land Development Regulations
City of Aventura, Florida Page 9-16
Number (maximum):
Sign Apm (max/mum):
Sign Height (maximum):
Time limit
X. pprovals Necessary
qumber:
Sign Area (maximum):
Sign Height (maximum):
Setback
Length of display
901.9
property owner), but which shall not act as an obstruction
vehicular or pedestrian traffic. (In conformance with design
specifications as provided by the City Manager): (No permit~
required).
Residential District Nonresidential Disirict
I per properly (2 per property when I per property (2 per property when
more than 1 unit is for }ease or sale on more than 1 unit is for lease or sale on
property) property)
6 sq. t~. 6 sq. ft.
6fl~.
Permiited Saturdays and Sundays
10:00 a.m. to 4:00 p.m. Must be
removed same day.
Permitted Saturdays and Sundays
10:00 a.m. to 4:00 p.m. Must be
removed same day.
(h) Community Service Signs/Special Event Signs: The numbe~
size and location of Signs to be determined by the City Manager.
(i) School and places of worship Signs.
Not in freestanding siructures In freestanding structure
City Manager City Manager
I I
12 square feet 32 square feet
5 feet 6 feet
Shall not be placed in any right-of-way
or sight visibility triangle.
Shall be displayed only during
worship services and related functions,
Shall not be placed in any fight-of-wa:
or sight visibility Iriangle.
Shall be displayed only during
worship services and related fimctions.
Supplememal Regulations
(a) Multi-tenant Center Sign graphics criteria.
The Owner of a Multi-tenant, or their authorized representative, may
choose to comply with the standards for Nonresidential District Signs
or alternatively, apply for approval as a Multi-tenant Center as
described below.
(1) The owner of a Multi-tenant Center shall submit to the City
Managgr a written statement of the uvJtbrm Sign graphics
criteria for the Multi-tenant Center (the 'Criteria'). The City
Manager shall review the Criteria, make a recommendation and
submit the Criteria, along with the recommendation to the City
Land Development Regulations
CiW of Aventura, Florida Page 9-17
Commission, for final approval. Once the Criteria have been
approved, they shall apply to the emire Multi-tenant Center, as
well as to each individual occupant, and shall remain in effect
for so long as the Multi-tenant Center exists, regardless of a
change in ownership or management, unless and until the
owner obtains approval to amend the Criteria from the City
Commission. The Criteria for each Multi-tenant Center shall
include, but not be limited to, color(s), type of Signs, style of
letters, size of letters (maximum or minimum) and size of
Signs.
(2) An application to erect any Sign for any portion of a Multi-
tenant Center shall include and comply with the Criteria
established for the Multi-tenant Center, a sketch of the
proposed Sign and the written consent of the owner of the
Multi-tenant Center for the proposed Sign.
(b) Illumination of buildings by Externally Illuminated Signs:
There shall be no illumination of buildings facing residentially zoned
properties. The degree of illumination of buildings by Externally
Illuminated Signs, where permitted, shall not be brighter than the
standard for parking lot and grounds lighting.
(c) Changeable Copy Signs:
(1) Drive-through Restaurant: In addition to other permitted
Signs, Drive-through restaurant establishments shall be
permitted to have a Changeable Copy Sign showing menu or
featured items, provided (i) it has a transparent protective
locked cover; (ii) it is affixed to a wall of the establishment
adjacent to the drive-in service window or located freestanding
within and parallel to the drive-in lane area; (iii) Sign shall not
exceed six feet in Sign Height or 32 square feet in Sign Area;
(iv) a landscaped area of at least 100 square feet shall be
located around the base of all such Signs. Additionally,
whenever such Sign is visible fi.om a right-of-way a tree shall
also be required and located so as to screen the Sign from the
right-of-way.
(2) Theaters' and playhouses: May be permitted one Sign in
addition to those permitted by this Section for the purpose of
displaying Changeable Copy, with the approval of City
Commission. At no time shall the additional Changeable Copy
Sign exceed 40 square feet in Sign Area for a single screen or
stage theater. Multiple screen theaters may he permitted
additional Sign Area, of 10 square feet per movie screen. Such
Changeable Copy Sign shall contain only the title of the
performance, the MPAA rating, the hours of the performance,
and the nmne of the production company or of the major star.
(d) Gasoline station canopies. A company logo not to exceed
four square feet shall be permitted on each side of a gasoline station
Land Development Regulations
City. of Aventura, Florida Page 9-18
canopy. Wall Signs shall be prohibited on gasoline station canopies.
(e) Billboards. No portion of any Billboard that exists at the date
of this Section shall be located closer than ten feet to any right-of-
way line. Additionally, a relocated Billboard shall be considered a
new Billboard.
(f) Rear of Signs. Where the rear or side of any Sign is visible
fi.om any street or fi.om any adjoining Residential Zoning District,
such side or rear shall present a completely finished appearance as
determined by the City Manager.
(g) Nuisance and safety.
(1) Illuminatit n: No Externally or Internally Illuminated Sign shall
cause unreasonably excessive glare intensity in an adjacem
residential district.
(2) Sight visibility triangle: No Monument Sign shall be located
within a 25-foot triangle at the intersection of two public
streets or within a 20 foot triangle at the intersection ora public
street and a driveway (measured along the property or right-of-
way line) unless it is 30 inches or less in height.
(h) Landscaping of Detached and Freestanding Signs. Unless
other~vise provided in this Code, all Detached and Freestanding Signs
shall be placed in a planting bed with at least one hundred sixty
square feet of planting surrounding the Sign on all sides. ~his bed
shall contain shrubs, flowers or other ground cover, and shall be
shown on a site plan or survey submitted for approval in conjunction
with a Sign Permit application.
(i) Flags. ~lhe number of Flag poles which can be displayed at one
time upon one site is as follows:
(1) Residential - I pole per lot not to exceed a height of
35'
(2) Nonresidential - 2 poles per lot not to exceed a height
of 35'
(3) Flag size not to exceed 40 square feet.
(4) Exceptions to the type, size of Flags or number of
poles may be granted by the City Manager only when it
is determined that:
a) ~he Flags have not yet been installed.
b) The Flags are not to be utilized as prohibited
Attention Getting Devices.
c) The Flags are consistent with the purposes of
this Section.
(5) Height of the Flagpole shall be as measured from the
crown of the road. Installation ora Flagpole requires a
building permit and shall not be located less than seven
(7) feet from any public right-of-way line, or less than
five (5) feet fi.om any adjacent property line.
(6) Flag(s) shall be no larger than as permitted herein
Land Development Regulations
City of Aventura, Florida Page 9-19
901.10
except on Federal, State and local governmental
properties or on Federal legal holidays.
Permit Requirements
(a) Permit required. It shall be unlawful for any person to install,
relocate, alter or cause to be installed, relocated or altered within the
municipal limits of the City, any Sign without first having obtained a
required permit fi.om the City Manager. Said permits shall be issued
only after a determination has been made of full compl/ance with all
conditions of this Section. No person shall install, relocate, alter or
cause to be installed, relocated or altered, any Sign, other than
Temporary Signs, unless the person is properly licensed to install,
relocate, or alter Signs in Dade County. It shall be unlawful for any
person to knowingly construct or cause to be constructed a Sign
contrary to the regulations of this Section.
(b) Permit applications. Applications for permits required by this
Section shall be filed with the City Malinger artd shall contain the
following information:
(1) Name and address of owner of proposed Sign and/or
authorized agent.
(2) Type of Sign/or Sign structure with all relevant dimensions.
(3) Location and legal description of premises upon which Sign is
to be located.
(4) A plan or design of the Sign, to scale, showing the square foot
Sign Area and Sign Height of the Sign as well as the Sign face,
height of letters, colors, materials, lighting, equipment, if any,
and its position relative to the building and/or property line.
(fi) Value of the Sign.
(6) Written permission to erect proposed Sign fi.om owner and/or
owners of property on which said Sign is to be erected.
(7) Such other structural and technical information as may be
required by either the Building Official or Community
Development Director.
(c) Permit fees. Permit fees for the erection of Signs shall be
collected in accordance with the City Code.
(d) Permit issuance; labels to be affixed. If upon examination, City
Manager or his/her designee determines that an application is in
conformance with the provisions of this Section, he/she shall cause a
written permit to be issued authorizing the installation of the Sign.
With each permit the City Manager or his/her designee shall also
cause a label to be issued bearing a unique identification number.
This label shall be affixed to the Sign by the pennittee prior to final
inspection by the Building Official, in a manner so that the label will
be readily visible for inspection purposes. Absence of such a label
upon any Sign constructed or installed shall be prima facie evidence
Land Development Regulations
Ci~ of Avealura, Florida Page 9-20
901.11
of failure to meet the requirements of this Section.
(e) Permit revocation. Permits issued under this Section shall be
valid for the lil~ of the Sign approved. However, any permit may be
revoked by the City Manager upon the determination that the Sign is
not in full compliance with the provisions of this Section. Further, if
the Sign authorized by any permit has not been constructed within
three months after the date of issuance of that permit, the permit shall
automatically be revoked and a new permit required.
(f) Appeals of Administrative Decisions. Anyone appealing an
administrative decision relating to a Sign application or the permitting
process may appeal such decision to the City Commission by filing a
request with the City Clerk within 15 calendar days of the decision of
the City Manager. The Clerk shall place such item on the next
available City Commission agenda.
(g) Variances. Anyone seeking a variance of the provisions of this
Section shall lile such application with the City Manager. An
application for variance shall be made pursuant to the City's
procedure for requesting a zoning variance and shall be scheduled fur
a hearing by the City Commission who shall grant or deny such
variance using the following criteria:
(h) Criteria. A Variance may be granted upon a showing by the
applicant that the Sign Variance maintains the basic intent and
purpose of these regulations, particularly as it affects the stability and
appearance of the City and provided that the Variance will be
otherwise compatible with the surrounding land uses and would not
be detrimental to the community. No showing of unnecessary
hardship to the land is required.
Non-conforming Signs. All future changes to any Signs will require
conformity to this Section.
(a) Amortization of Sign Code Non-conformities. The following
Non-conforming Signs that existed at the time this Section became
effective may be continued, although it does not conform to all the
provisions hereof, provided that no structural alterations or text are
made thereto and that all such Non-conformbg Signs shall be
completely removed firom the premises or made to conform by June
3, 2000:
i) Any Non-conforming Sign;
2) Those Signs that display services or products as opposed to the
business name;
3) Nonresidential Monun~nt Signs.
(b) Exception to amortization schedule.
l) Channel letter signs that otherwise meet all requirements of
this Section provided that the Sign Area is not more than twice
the square footage allowed by this Section and that existed at
the time this Section became effective may be continued
although it does not conform to all the provisions hereof,
provided that no structural or text alterations are made thereto
and that all such Non-conforming Signs shall be completely
removed from the premises or made to conform by June 3,
2002.
2) Non-conforming Signs that are caused to be relocated as a
direct result of a governmental condemnation will be amortized
according to the schedule that would have applied to the
original location.
3) The follovSng Non-conforming Signs that existed at the time
this Section became effective may be continued, although it
does not conform to all the provisions hereof, provided that no
structural or text alterations are made thereto:
4) Monument signs located in residential districts.
5) Residential, Hospital and Office Building Wall Signs;
6) Flagpoles that existed at the time of the adoption of this
Section.
7) Non-conforming Portable Signs, Banners, Flags, traffic hazard
Signs, all paper window display Signs, and service station
pump advertising and promotional Signs, shall be removed
within three months of the effective date of this Section. All
illegal Signs sh~ll be removed immediately.
(c) Other termination of Non-conforming Signs.
1) By abandonment - Abandonment of a Non-conforming Sign
shall terminate its Non-conforming status.
2) By damage or poor condition - 3[he Non-conforming status of
a Sign shall cease whenever the Sign is damaged beyond 50
pereem as determined by the City Manager from any cause
whatever, or to the extent the Sign becomes a hazard or
danger.
3) Abandoned and damaged Signs, as described in this Section, I
shall be removed by owners in accordance with the[
requiremems of this Section. ]
(d) Maintenance of Non-conforming Signs. Non-conforming Signs I
shall be maintained in a safe condition and may be repaired orI
otherwise maintained provided the Sign structure is not moved,
!
altered or replaced; provided, however, that no repair or alteration
shall be made unless first approved by the City Commission, except
when an emergency repair is needed for preservation of public safety,
as certified by the Building Official and City Manager. Unauthorized
repair or alteration will result in the termination of Non-conforming
status.
(e) Non-conformities created by amendments to this Sign Section.
Any Sign which becomes Non-conforming as a result of any
subsequent amendments to this Section shall be completely removed
Land Development Regulations
City of Aventura, Florida Page 9-22
901.12
901.t3
from the premises, or altered to conform, not later than three years
fi.om the date such Sign becomes non-conforming.
(f) Registration Required- All Non-conforming Signs that are not
registered with the City Manager, pursuant to a form that he/she shall
provide, within 90 days of the effective date of this Section are illegal
and shall be removed immediately and shall not be entitled to status
as lawful non-conforming Signs.
Sign Maintenance
(a) Maintenance. All Signs shall be maintained in a safe
presentable and good structural condition, which shall include the
replacement c~f defective parts, repainting, cleaning and other acts
required for the maintenance of the Sign. The area around the base of
the Sign shall be kept free of weeds and debris. Ifa Sign does not
comply with the above standards, the City Manager may require its
removal in accordance with this Section.
(b) Dangerous or defective Signs. No person shall permit to be
maintained on any premises owned or controlled by him/her, any i
Sign that is in a dangerous or defective condition~ Such Sign shall be
removed or repaired by tM owner of the Sign or the owner of the
premises.
Removal of Improper Signs.
(a) Removal. The City Manager shall cause the removal of any Sign
in violation of this Section in accordance with the procedures set
forth in the City of Aventura Code Enforcement Section or as
otherwise outlined by law.
(b) Emergency. Notwithstanding the above, the City Manager may
cause the immediate removal of any Sign that poses an immediate
danger to the health, safety or welfare of the community. The City
Manager may cause the Sign to be made safe as an alternative to
removal. In either event, City personnel may enter onto premises,
with or without the property owner's consent, for emergency repair
or removal.
(c) Removal or repair costs. Costs incurred by the City in removal
or repair of a Sign shall be charged to the real property owner on
whose property the Sign is located. The City shall assess the entire
cost of such demolition, removal or repair, which assessment shall
include, but not be limited to, all administrative costs, postal expenses
and newspaper publication costs. Such charge shall constitute a lien
upon such property. The City Clerk shall file such lien in the County's
official record book showing the nature of such lien, the amount
thereof and an accurate legal description of the property. No
occupational license shall be approved for such a property until the
fidl amount associated with the lien, or the full amount in the event
no lien has yet been filed, has been paid to the City by the property
owner.
[.and Development Regulations
City of Aventura Florida Page 9-23
902. Temporary Political Signs
Regulations regarding temporary political signs are outlined in Section 34-61 of the City o£
Aventura Code.
Land Development Regulations
CiR of Aventura Florida Page 9-24
Chapter 10: LANDSCAPING REQUIREMENTS
Section 1001. Landscaping Requiremnets
1001.1
Intent and Purpose. The purpose and intent of this article is to provide regulation
for the installation and maintenance of landscaping and landscaped open space.
Trees and plants are integral and vital parts of the earth's ecosystem: they
conserve energy; they provide essential and desirable benefits to man, including
the production of life supporting oxygen, the reduction of carbon dioxide, the
filtering of dust and gaseous pollutants; they serve as a natural abatement to
noise pollution; they camouflage unsightly views; they provide shelter to birds
and wildlife; they enhance the value of property; they preserve open space; and~
they maintain and improve the aesthetic quality of the City of Aventura, thereby
promoting the health and general welfare of its citizenry. In addition, it is the
policy of the City Commission that every effort shall be made to preserve and
maintain viable vegetation within the City of Aventurm
1001.2
Applicability. The provisions contained herein shall be applicable to all projects
comprising new construction or substantial additions and alterations, except as
set forth in trader Administrative Waiver. Also, if Landscape in excess of fifty
(50) per cent of total site landscaping requires replacement, the entire property
shall be brought up to current landscape standards and requirements. This
provision regarding existing development shall be applicable to the greatest
extent reasonably possible as determined by the City Manager or designee. This
chapter establishes minimum standards and shall apply to all public and private
development when a building permit is required.
1001.3
Administrative Waiver. Where the requirements of this article relate to the
improvement or the expansion of an existing vehicular use area or the changing
or expansion of an existing use or structure and where any eeC, aha requirements
are considered by the Community Development Director to be either impossible
or impractical to comply with unless portions of existing structures are removed
or by substantially reducing the number of required parking spaces, the
administrative relief from such requirement may be granted by the Community
Development Director, provided that the intent and purpose of this chapter is not
compromised.
1001.4
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:
Automatic Irrigation System: An irrigation system with a programmable
controller including a rain sensor.
Buffer/Perimeter landscape: An area of land which is set aside along a
perimeter of a parcel of land in which landscaping is required to provide a
visual barrier or aesthetic transition between different land uses or to provide
a landscape area between the public right-of-way and the off-street parking
Land Development Regulations
City of Aventura, Florida Page 10-1
area and to eliminate or reduce the adverse environmental impact, o_r n~ld
incompatible land use impact.
Cal~er: For trees under four (4) inches in diameter, the trunk diameter
measured at a height of six inches above natural grade. For trees four (4)
inches and greater in diameter, the trunk measured al twelve (12) inches
above natural grade.
City: City of Aventura, Florida.
Director: The Director of Community Developmem of Aventura, Florida, or
designee.
Drip Line: An hna~mary vertical line extending from the outermost
horizontal circumference of a tree's branches to the ground.
Dumpster: A refuse container of one (1) cubic yard or larger.
Grey }Food: The area of trunk on a palm from ground level to the palm
frond sheath except where removal of branches is necessmy to protect
property and public safety. The following trees are exempt from this section:
Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison
Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput
Tree), Acacia auriculiformis, Bischofia javanica, Araucaria heterophylla
(Norfolk Island Pine), or Thespesia populnea (Seaside Mahoe).
Ground cover: Plant material which normally reaches a maximum height of
not more than twenty four (24) inches.
Hatracldng: To flat cut the top of a tree, severing the leader or leaders; or
pruning a tree by stubbing off mature wood larger than three (3) inches in
diameter; or reducing the tree's living canopy by more than one-third except
where removal of branches is necessaxy to protect property and public safety.
The following trees are exempt from this section: Schinus terebinthifolius
(Brazilian Pepper), Metopium toxiferum (Poison Wood), Casuarina spp.
(Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia
Auriculiformis, Bischofia Javanic~ Araucaria heterophylla (Norfolk Island
Pine), or Thespesia Populnea (Seaside Mahoe).
Hazard Pruning : The removal of dead, dying, diseased, weak or
objectionable branches in a manner consistent with the National
Arborist Association standards as incorporated herein.
Hedge: A landscape barrier consisting of a continuos, dense planting of
shrubs or trees or any combination thereof.
Landscaping material: Any of the following or combination thereof such as
but not limited to: Grass, ground cover, shrubs, vines, hedges, and trees or
palms.
Lawn area: An area planted with lawn grasses.
Moisture and rain sensor switch: Devices which have the ability to switch
off an automatic irrigation controller after receiving a predetermined amount
of rainfall or moisture content in the soil.
Mulch: Non-living organic materials customarily used in landscape design to
retard weed infestation, erosion, and retain moisture and for use in planting
Native plant species: Plant species with a geographic distribution indigenous
Land Development Regulations
City of Aventura, Florida Page 10-2
to all or part of Dade County. Plants which are described as being native to
Dade County in botanical manuals such as, but not limited to, "A Flora of
Tropical Florida" by Long and Lakela and "The Biology of Trees Native to
Tropical Florida" by P.B. Tomlinson, are native plant species within the
meaning of this definitiom Plant species which have been introduced into
Dade County by man are not native plant species.
Natural or conservation area: An area, as identified in the city's
comprehensive plan, designated on the site plan containing n_atural
vegetation, which will remain undisturbed when property is fully developed.
Palms: Members of the Palmae family which are monocots char~terized by
palrnae or pinnate fronds attached to a trunk with a single growing point
on each trunk. Palms may be single or multiple think.
Prohibited plant species: Those plants listed in the Dade County landscape
manual which are demonstrably detrimental to native plants, native wildlife,
ecosystems or human health, safety, and welfare, except as specifically
allowed as hedge material only and upon approval of the Director.
Protective Barrier: A tempo~ fence or other structure built to restrict
passage into an area surrounding a tree for the purpose of preventing any
disturbance to the mots, trunk or bmches of the tree or trees.
Retention area: An area designed and used for the tempormy or permanent
storage of storm water rtmot[ which may be either dry or wet retention as
defined below:
(a) Dry retention is an area which is designed for temporary storage of
storm water runoff and which is one ( 1 ) foot above the ground water level as
established by the Water Control District and has a maximum slope of 4:1.
(b) Wet retention is an area which is designed for the permanent storage of
water and is at least one-half (1/2) acre in size, with an average width of not
less than one hundred (100) feet and a minimum depth of eight (8) feet below
ground water level as established by the Water Control District, with
maximum slope 4:1 extending down to a point five (5) feet below the low
water line.
Setback and yard areas: The ~ront, side and rear areas or yards as
established and required under these LDRs and within the zoning district
requirements applicable thereto.
Shrub: A self-supporting woody perennial plant, usually with several
permanent stems, normally growing to a height of thirty six (36) inches or
greater, characterized by multiple stems and branches continuous from the
base.
Tree: Any self-supporting woody perennial plant which, at maturity, attains
a trunk diameter of at least four (4) inches when measured at a point four and
one-half (4-1/2) feet above ground level and which nonmlly attains an
overall height of at least twenty-five (25) feet, usually with one main stem or
trunk and many branches.
Tree abase: Tree abuse shall include:
(a) Damage inflicted upon any part of a tree, including the root system, by
machinery, construction equipment, cambium layer penetration, storage of
Land Development Regulations
City of Aventura, Florida Page 10-3
1001.5
1001.6
materials, soil compaction, excavation, chemical application of spillage,
change to the natural grade.
(b) Hatracking.
(c) Girdling or bark removal of more than one third (1/3) of the tree
diameter.
(d) Tears and splitting of limb ends or peeling and striping of bark resulting
fi:om improper pruning techniques not in accordance with the current
National Association Standards.
Tree canopy: The aerial extent of the bmches and foliage of a tree.
Vehicular use area: A hard surface area designed or used for off-street
parking and/or an area used for loading, circulation, access, storage,
including fire tracks, garbage tracks, or display of motor vehicles.
[/?nes: Plants with flexible stems which normally require support to reach
mature form.
Visuulscreen: A physical obstruction used to separate two (2) areas or uses
which are at least seventy-five (75) percent opaque. Visual screens shall be
living plant material, of natural or manmade construction material or any
combination thereof.
Xedscape: A type of landscaping utilizing native plants and ground cover
that needs reduced water and little maintenance, which is detailed in the
South Florida Water Management District publication, Xeriscape, Plant
Guide 1I as amended, incorporated herein by reference.
Landscape Plan Required.
Prior to the issuancc of a building permit or site plan approval, a landscape plan
shall be submitted to and approved by the Director of the Community
Development Department. The landscape plan shall be drawn to a scale not less
than 1" = 20' - 0". All landscape plans must be signed and sealed by a State of
F1 fida R gist d Landscape A hiteet
designe~. This plan shall clearly delineate existing and proposed buildings,
parking, driveways, or other vehicular use areas. The plan shall also designate
the name (botanical and common), size (height and spread), quantity, quality and
location of the plant material to he installed, as well as the name, size, location,
and condition of viable, ex/sting vegetation. The plan shall also include a
tabulation of required and provided plant materials. The use of xeriscape
principles in the development of this plan is strongly encouraged. No building
permit or site plan approval shall be issued unless such landscape plan complies
with the provisions herein.
Minimmn 1 ~andscape Requirements for All Zoning Districts
(1) Tree Specifications
(a) Required trees shall be of a species which normally grow to a
minimum height of twenty-five (25) feet and have a mature
crown spread of not less than twenty (20) feet with trunks
which can be maintained with over six (6) feet of clear wood.
Emphasis is given to the use of native species.
Land Development Regulations
Cit~' of Aventura, Florida Page 10-4
(2)
(c)
(d)
(f)
All required trees shall have a minimum caliper or diameter at
breast height (D.B.H) of three (3) inches and be a minimum of
twelve (12) feet in height at time of planting. A list of
approved required trees is available fi.om the Director of the
Community Development Department.
Required palms shall be a minimum of fourteen (14) feet in
height and six (6) feet of gray wood.
No more than forty (40) percent of all required gray wood
trees shall be of a palm species, as determined by the Director
or Designee.
Throe (3) palm trees shall be clustered to equal one (1)
required tree: the three palm trees in the cluster shall be of
differing heights, with a minimum three (3) foot stagger
between adjacent palms, but, in no case smaller than fourteen
(14)feet in height. Roystonea sp.(Royal Palm) and Phoenix
sp.(Date Palm) may have matching heights. Such clustering
shall be determined by Director or Designee
It is prohibited to paint the thinks of trees or palms.
Other Plant Material Specifications
(a) Shrubs and hedges: Shall be of a self-supporting, woody,
evergreen species and shall be a minimum of two (2) feet in
height at time of planting. Hedges shall be planted and
maintained so as to form a continuous, solid visual screen, of
not less th_an three (3) feet in height, within one (1) year of
planting. Spacing of plants shall be no more than twenty four
inches (24") on eenter. Double staggered rows may be required
in some areas as determined by Director on Designee.
(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 ~Flomtam' solid sod, or
other lawn type, as approved by the Director, reasonably flee
of insects and noxious weeds.
(d) Quality: Plant mmerial shall comply with required inspections,
grading standards and plant regulations as set forth by the
Florida Department of Agriculture's "Grades and Standards of
Nursery Plants, Part r', latest revisions, and "Grades and
Standards for Nursery Plants, Part II for Palms and Trees", or
with superseding standards called for in these specifications.
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. Free fi.om pest and mechanical damaged.
Land Development Regulations
City of Aventura, Florida Page 10-5
(3)
(4)
6. Heavily branched and with dense foliage.
(e)
(0
Mulch: All exposed soil areas in planting beds, including hedge
rows, shall be kept weed free, and mulched to a minimum three
(3) 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.
Vines: Shall be not less than twenty-four (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.
Installation
(a) Planting methods: All plant material shall be installed following
accepted planting procedures as defined by the American
Association of Nurseiymen and The Florida Nurserymen and
Growers Association.
(b) Curbing: Landscaped areas, walls, stmctures, and walks shall
require protection from the encroackn~nt or overhang of
vehicles. A cominuous concrete curbing not less than 6" in
height, as approved by the Director or Designee, shall be
installed to prevent such encroachment.
(c) Existing plant credit: In instances where healthy plant material
exists on-site (particularly native or xeriscape species), the
Director or Designee may adjust the requirements of this article
to allow credit for such plant material it~ in his opinion, such an
adjustment is in keeping with and will preserve the intent of this
article.
(d) Permit requirements: A landscape permit will be required prior
to installation.
Irrigation
All newly landscaped areas shall be provided with a fully automatic
underground irrigation system that provides one hundred (100) per cent
coverage to all landscaped areas. The irrigation system should be
designed to provide only the required water to sustain viable plant
material. The use of a porous, pipe subsurface irrigation system that
requires low water volume and pressure is encouraged when adjacent to
vehicular roadway areas.
(a)
The operation of an irrigation system during periods of heavy
rainfall is prohibited and shall conform to standards and
regulations as established by the South Florida Water
Management District. Irrigation controllers shall be switched
Land Development Regulations
City of Aventura, Florida Page 10=6
1001.7
(c)
(d)
(e)
Maintenance
(1)
(2)
(3)
(4)
to manual operation during periods of increased rainfall. Use
of rain gauge semors is required.
For purposes of water conservation and good horticultural
practice, sprinkler heads irrigating lawns or other high water
demand landscape areas shall be circuited so th_at they are on a
separate zone and schedules from those irrigating trees,
shrubbery or other reduced water requirement areas.
Landscape irrigation systems shall be designed so that, to the
greatest extent practical, water being applied to non-pervious
areas is eliminated.
Use of non-petable water for use in the irrigation of lawn and
plant material is required when determined to be available.
Existing developed properties which receive three or more
code violations in a twelve (12) month period for landscaping
which in the opinion of the city are atm'butable, wholly or
partially, to lack of proper watering shall be required to install
an irrigation system.
General. In all districts, the owner, or his agent, shall be respons~le for
the maintenance, in perpetuity, of all landscaping material in good
condition so as to present a healthy, neat, and orderly appearance and
clear of weeds, refuse and debris. Landscaping material shall be
trimmed and maintained so as to meet all city, county or state site
distance requirements.
Failure to Conform or Maintain. If at any time after the issuance of a
Certificate of Occupancy, any landscaping mater/al 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 deseribe 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 requiremems. Failure of compliance within the allotted
time shall be considered a violation of this ordinance and shall subject
the property owner to fines as detemlined appropriate, by the Special
Master of the City of Aventura~
Tree Hatracking. It shall be unlawful for any person, firm or city
department to hatrack any tree. Trees severely damaged by storms or
other causes, or certain trees under ufflity wires or other obstructions
where other pruning practices are impractical may be exempted from
this section at the determination of the Commtmity Development
Director.
Edging. Edging shall be accomplished in such a manner so as not to
Land DeveLopment Regulations
City of Aventura, Florida Page 10-7
1001.8
(5)
destroy landscaping material.
Fertilization~ Fertilize landscaping material, as needed, to maintain
healthy, viable growth. Apply appropriate fertilizer to avoid symptoms
ofchlorosis and trace element deficiency. Use of environmentally safe
fertilizer is required. Application of fertilizer must conform to
manufacturers specifications.
Tree Removal Permit. No existing tree o~fl~e~ite having a mink diameter of
three (3) inches or greater, except for Schinus terebinthifolius (Brazilian Petter),
Metopium toxiferum (Poison Wood), Albizia Lebbeck (Woman's Tongue),
Dalbergia Sisoo (Indian Rosewood), Thespesia Populnea (Seaside Ma.hoe),
Hibiscus Tilliaceus (Mahoe), Casuarina spp. (Australian Pine), Melaleuca
quJnquenervia (Cajeput Tree), Ficus Benjamina (Weeping Fig), Ficus Nitida
(Laurel Fig) species, Acacia Auriculiformis (Earleaf Acacia), Bishoffia Javanica
or Araucaria heterophylh (Norfolk Island Pine) sh~ll ~aot be removed or
relocated without a permit fi.om the Community Development Department of the
City. In evaluating whether to grant a tree removal permit, the Director or
Designee shall consider the size, species (native or not), health, rareness and age
of the tree. A tree survey identifying all existing trees over three (3) inches in
diameter shall be included with any building permit application~ This survey
drawing shall be overlaid directly upon the site plan sufficiently to provide the
accurate location of all existing trees which are proposed to be destroyed,
relocated, or preserved, the botanical and common name of each tree, and the
diameter, height and canopy spread of each tree. In addition, all applicable
portions of Dade County Tree Protection Ordinance//89-8 are adopted here~
Applicability of the Dade County Ordinance shall be as determined by the
Director or designee.
1001.8.1
1001.8.2
Protective Barrier. During site development, trees designated for
preservation shall have protective barriers placed around each tree or
cluster of trees at the drip line, or a minimum of six (6) feet (in
radius) fi.om the trunk whichever is greater, from4he4m~ of any
protected tree. In addition, no excess soil, fill, equipment, building
materials or building debris shall be placed within the areas
surrounded by protective banders.
Relocation Standards. Trees that are to be relocated shall be
consistent with the following minimum standards:
(a)
Tree mots shall be severed a minimum of six weeks prior to
relocation and in such a manner to provide a root ball which
is sufficient to ensure survival of the tree when relocated.
After relocation, tree(s) shall be watered a minimum of 3
times per week until tree(s) are established.
(c) Any tree that dies or becomes nonviable within (6) months
Land Development Regulations
City of Aventura, Florida Page 10-8
1001.9
of relocation shall be replaced with a comparable species
and size, as determined by the Director or Designee.
1001.8.3
Tree Removal Authorization. A tree removal may be authorized
when one of the following conditions exist:
(a)
It is determined by the Director or Designee, that tree
relocation is not feasible.
(b)
An equivalent tree canopy is replaced on the same site. The
owner or his agent will be responsible for replacing any tree
that dies with a tree of comparable species and size, as
determined by the Director or Designee.
(c)
The tree to be removed is examined by the Director or
Designee, and is determined to be dead, severely damaged,
or a safety hazard. All tree removal requires a tree permit
appllcation~
Minimum Design Standards. The following shall apply to all developments
requiring site plan or permit approval except for single and two-family dwellings:
1001.9.1 Landscape Plans. Landscape plans shall be prepared by, and bear the
seal of, a landscape architect licensed to practice in the State of
Florida, or by persons authorized to prepare landscape plans or
drawings by Chapter 481, Florida Statutes. Landscape plans shall be
submitted with the initial master plan for the development.
1001.9.2
Perimeter Landscape Requiremems. Adjacent to any street right-of-
way, pins along the perimeter of all vehicular use areas, there shall be
a continuons buffer strip of not less than seven (7) feet in width.
These buffer strips shall include at least one (1) tree for each thirty
(30) linear feet, or portion thereof, ofperkneter. Where these buffer
strips abut a vehicular use area, there shall be installed a hedge, berm,
or other durable landscaped visual barrier, of not less than three (3)
feet in height and solid within one (1) year of planting. Where the
vehicular use area is highly visible from the public right-of-way, a
double row of hedge may be required by the Director or Designee.
Sod or ground cover with irrigation, shall be installed to the edge of
pavemem. The following are exceptions to the perimeter landscape
requirements:
(a)
Access drives: Necessary accessways shall be permitted
to traverse required perimeter buffer strips.
Land Development Regulations
City of Aventura, Florida Page 10-9
1001.9.3
Abutting a right-of-way but no vehicular use area: Buffer
strips of not less than seven (7) feet in width shall require
cominuous hedges and one (1) tree for every twenty-five
(25) feet.
(c)
Abutting another vehicular use area: Accessways may
traverse required buffer strips along contain interior lot
lines when said accessways improve overall vehicular
circulation within and between abutting properties.
(d)
Abutting a residential district: Buffer strips of not less than
seven (7) feet in width shall include a continuous solid wall
hedge, or other barrier vegetation, and one tree every
twenty-five (25) feet. All walls adjacent to a public roadway
are to be located in order to allow vegetation and/or a vine
to screen the wall for anti-grafitti purposes. In addition
grass or ground cover shall be planted in the remaining open
space of this buffer.
Interior Landscape Requirements. W~rthin the interior of any vehicular
use area (total area less required perimeter buffer strips), the
following shall be required:
(a) When the interior of any vehicular use area is designed for off-
street parking purposes, the following shall be provided:
(1) Terminal Islands: Contiguous rows of parking spaces
shall be terminated on both ends with landscaped islands with
not less than seven (7) feet in width (excluding curbing), and
with a minimum of one (1) tree per each island. The ends of
such islands may be tapered to accommodate vehicle
circulation. Such islands shall extend the entire length of the
parking space and include at least one (1) tree for every one
hundred (100) square feet, or portion thereof; of said island.
The remainder of the terminal island shall be well landscaped
with grass or ground cover.
(2) Imerior islands: Landscaped interior islands shall be
seven (7) feet in width (excluding curbing) and not less than
ninety (90) square feet each in area and shall be placed within
individual rows of contiguous parking spaces so that there is
not less than one (1) island for every nine (9) parking spaces,
or portion thereof and shall continue the full length of the
contiguous parking space. At least one (1) tree shall be
planted in every interior island and the remainder of the island
shall be landscaped with grass or ground cover. Interior
islands should not be placed directly opposite each other
Land Development Regulations
City of Aventura, Florida Page 10-10
1001.9.4
1001.9.5
when in abutting parking rows. Any arrangement which
creates a nonregimented appearance, relieves monotony,
increases tree canopy and fulfills the requirements of this
article may be approved by the Director or Designee.
Where any row of comiguous parking spaces is located so as
to abut another row of contiguous parking spaces, a
landscaped divider median of not less than seven (7) feet
(excluding curbing) in width shall be required between
contiguous rows.
Divider medians: Where any row of comignous parking
spaces is located so as to abut an interior driveway rather
than another row of contiguous parking spaces, a landscaped
divider median of not less than seven (7) feet (excluding
curbing) in width shall be required between said row and the
abutting driveway. At least one (1) tree shall be planted for
every twenty-five (25) lineal feet of said median and the
remainder of said median shall be landscaped with grass or
ground cover.
(b) When the interior of any vehicular use area is designed
primarily for purposes other than off-street parking, such as for drive-
in or drive-thru banking or retailing, the drive-thru lane shall be
separated fi:om other vehicular use areas for it's entire length, with a
five (5) foot wide (excluding curbing) landscaped area planted with
one (1) tree for every twenty five (25) linear feet, and with lawn grass
or ground cover. The portion of the drive-thru lane that is adjacent
to the primary structure shall have a minimum three (3) feet wide
landscaped area between the structure and the drive-thm lane, or as
determined by the Director or Designee.
Landscape Requirements for Non-vehicular Usc Areas. Develop a
landscape plan that beautifies, provides shade, and complements the
architecture of the adjacent building, subject to the approval of the
Director or Designee.
Clear Sight Triangles Vis~c,n C!ca:~nce.
(a)
When an accessway intersects a public street or alley
right-of-way, or another accessway, or when the vehicular
use area is contiguous to the intersection of two (2) or
more public rights-of-my, all landscaping within the
triangular areas created by such intersections and defined
below shall provide unobstructed vision clearance at an
elevation of thirty (30) to eight (8) feet in height. Vision
clearance requirements shall comply with American
Association of State Highway & Transportation Officials
Land Development Regulations
City of Aventura, Florida Page 10-11
1001.9.6
1001.9.7
1001.9.8
1001.9.9
(AASHTO).
(b)
Trees having over six (6) feet of clear trunk with limbs and
foliage trimmed in such a manner as not to extend into the
vision clearance area shall be permitted, provided they in
no way create a traffic hazard. No landscaping elements
except for grass, ground cover, or hedges shall be located
nearer than five (5) feet to any accessway intersection of a
public road.
(c)
Intersection of two (2) public streets: The vision
clearance area shall be the triangular area formed by the
intersection of the two (2) streets beginning at the point
where property lines meet at the comer, or in the case of
rounded property comers, the point at which they would
meet without such rounding, and then extending twenty-
five (25) feet along each property line. The vision
clearance area shall be where the two (2) furthermost
points are connected by a diagonal line.
(d)
Intersection of any alley or accessway with a public street
or with another alley or accessway area at such
intersections shall be as defined above, except that the two
(2) equal sides of the triangular area shall be fifteen (15)
feet in lengtk
(e)
Where City, Dade County or Florida Department of
Transportation (FDOT) roads are involved, meet all City,
Dade County, or FDOT design criteria related to highway
safety for all landscaping materiak
Required Landscape or Pervious Areas. Not mom than sixty (60)
percent of such areas shall be grass. The balance shall be ground
cover, shrubs, or other suitable landscape material.
Dumpsters. All dumpsters shall be completely screened fi.om view fi.om
the adjacent properties and the public right-of-way by the use of walls
or fences and landscaping material, subject to the approval and
standards as established by the Director or Designee.
Retention Areas. Retemion areas shall be landscaped with suitable
planting material so as to create an aesthetically pleasing appearance,
subject to the approval of the Director or Designee.
Drive-Thru. Drive-thru or loading areas shall be screened from view
fi.om the adjacem properties and the public right-of-way by the usc of
Land Development Regulations
Cily of Aventura, Florida Page 10-12
landscaping material, subject to the approval and standards
established by the Director or Designee.
Land Development Regulations
City of Aventura, Florida Page 10-13
Chapter 11: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY
Section 1101. Development Standards
All development shall conform to the specific requirements of the appropriate zoning districts and shall
comply with the standards contained in this Chapter and other regulations outlined in the LDR. These
standards shall be considered to be minimum requirements and may be exceeded by the property
owner. In considering development plans, the Community Development Department, and City
Commission shall be guided by the standards set forth hereinafter.
Land Development Regulations
City of Aventura, Florida Page ! 1-1
Section 1102. Subdivision Design Standards
In considering plans for the subdivision of land, the appropriate review bodies shall be guided by the
standards set forth hereinafter, q'~
1102.1 General
1102.1.1
Character of Land. Land to be subdivided shall be of such character
after development that it can be used safely for the intended purposes.
1102.1.2
Conformity to the Trafficways Plan, and the Comprehensive Plan.
Subdivisions shall conform to the Tmfficways Plans and shall be i~
~"mony consistent with the City's Comprehensive Plan. Trafficways
shall conform to the criteria and characteristics established by and
shown on the Tmfficways Plan.
1102.1.3
Specifications for Required Improvements. All required subdivision
improvements shall be constructed or installed to conform to the City
specifications.
1102.1.4
Street Capacities. Street capacities shall be determined by the
standards established in by the current edition of the Highway
Capacity Manual prepared by the Tram~rtation Research Board of
the National Research Council, Washington, D.C. and shall meet the
prz',5~c a L.O.S. adopted by the Comprehensive Plan.
1102.1.5
Sidewalks. Sidewalks shall be provided on both sides of a public or
private street right-of~way. All interior private sidewalks shall connect
with the sidewalks in the right-of-way. Handicap Ramps not
exceeding a slope of 1 foot vertical to 12 feet horizontal shall be
provided at all intersections.
1102.1.6
Traffic Engineering Standards. The mom stringem of either the
Florida Department Of Transportation or Miami Dade County Traffic
Engineering Division Regulations shall apply in all cases.
1102.2 Street Layout
1102.2.1
Width, Location and Construct'lor~ Streets shall be of sufficient
width, suitably located, and adequately constructed to accommodate
the prospective traffic at the adopted level of service identified in the
City's Comprehensive Plan, and to afford access for fire fighting and
road maintenance equipment.
1102.2.2 Arrangement. The arrangement of streets shall be such so as to
Land Development Regulations
City of Aventura, Florida Page ! 1-2
1102.3
compose a functional system which provides safe and adequate
and fi'o pti p perry ~,a v&2ck ............ a..~
access to m vate ro .
~.~.~o~.: .... ~:~:-:.. ....... .~, The arrangement of streets in the
subdivision shall provide for the continuation of arterial and collector
streets of adjoining subdivisions, and for proper projection of arterial
and collector streets into adjoining properties which are not yeti
subdivided, in order to take into accountv~oo.u.~a'~ necessary fire
protection, movement of traffic and the construction or extension of
needed utilities and public services.
1102.2.3
Access to Streets. Development projects shall be designed to
maintain a hierarchy of street access so that the interior of
development parcels are served by local streets or parking lots, local
streets and parking lots shall be connected to collector streets or
arterial streets where permitted, and collector streets shall be
connected to arterial streets or other collector streets as provided for
herein.
1102.2.4
Driveway Access. Residential lot driveways shall ovly access local
streets. Residential parking lots may access local, collector or arterial
streets provided adequate mm lanes and vehicle storage areas are
provided and the street being accessed has sufficient capacity to
accommodate the traffic. Non-residential development shall only
access collector and arterial streets. The minimum spacing between
driveways shall be a.s provided for in Chapter 8, Driveway Standards.
1102.2.5 Local Streets. Local streets shall be so laid out that their use by
through traffic will be discouraged.
1102.2.6
Street Connections. Non-residential development with parking for
twenty (20) or more vehicles and residential property with twenty
(20) lots or more shall have connections with at least two (2) publicly
accessible streets which shall exist prior to the issuance of certificates
of occupancy. In lieu of the two (2) required couneetions, one (1)
connection may be permitted if adequate provision for emergency and
service vehicles is provided.
Minimum Intersection Spacin~
1102.3.1 Local Street Intersections with Collector and Arterial Streets. Local
street or cul-de-sac openings into collector streets shall be a minimum
distance of 660 feet from another intersection, or in the case of a T-
type intersection, a minimum distance of 330 feet fi.om any other
intersection. Local streets and local dead-end streets may not
intersect an arterial unless unavoidable in which case the local street
may intersect an arterial only if aligned with and extending an existing
Land Development Regulations
CiW of Aventura, Florida Page 11-3
1102.4
local street which intersects the arterial or is a minimum of 660 feet
from another minor or collector street intersection with the arterial
and is a minimum of 760 feet from the intersection of two arterial
streets.
1102.3.2
Collector Street Intersections with Arterial Streets. A collector street
or collector dead-end street may intersect an arterial if aligned with
and extending an existing or planned collector which intersects the
arterial or is a minimum distance of 1320 feet from the intersection of
an existing collector and the arterial, and is a minimum distance of
1420 feet from the intersection of two (2) arterial trafficways.
1102.3.3
Intersection of Two Collector Streets. A collector street may
intersect another collector but only if aligned with and extending an
existing or planned collector or is a minimum distance of 660 feet
from any other intersection of the collector.
Street Design
1102.4.1
Geometric Design of Street. The geometric design of streets shah
conform to the minimum standards established by the Manual of
Uniibrm Minimum Standards for Design, Construction and
Maintenance for Streets and Highways, prepared by the Florida
Department of Transportation and A Policy on Design of Urban
Highways and Arterial Streets prepared by the American Association
of Street Highway and Tmns~rmtion Officials (AASHTO).
1102.4.2 Street Jogs at Intersections. Strect jogs with center line offsets of less
than 125 feet shall not he permitted.
1102.4.3
Angle of Intersection. In general, all streets shall join each other so
that for a distance of at least 100 feet the street is approximately at
fight angles to the street it joins. This requirement may be modified
for the intersection of two local streets if it can be shown that an
alternate design will meet minimum safe site distance requirements.
1102.4.4
Widths of Rights-of-Way. The paved portion of the right-of-way
....... shall have the minimum widths as spectfiad in Table 1102-1.
When not indicated functionally classified by the FDOT , the
classification of streets shall be determined by the Community
Development Director. The actual width of a right-of-way shall he
determined based on the ultimate cross section design needed to
accorranodate the projected level of traffic at the adopted level of
service. Additional right-of-way may be required for a bicycle lane, in
compliance with a City or County bicycle circulation plan.
Land Development Regulations
CityofAventura, Florida Page I !-4
TABLE 1102-1
Widths of Public and Private Rights-of-Way
Street Type Minimum Ultimate Sidewalk
Rights-of-Way Traffic Lanes Width~
Arterial Street 106 iL 6 6 feet
4 Lane Collector 870 fi. 4 5 feet
2 Lane Collector 60 ft. 2 5 feet
Local Street 50 ft. 2 4 feet
~ A pedestrian/bicycle path which is a minimum of six (6) feet wide and constructed within an
easement adjacent to the fight-of-way may be used in lieu of the required sidewalk on that side
of the right-of-way.
1102.4.5
Public Utility Easements. Where conditions are g-'_c~ as to make
impractical ~b~ the inclusion of utilities within the street right-of-way,
perpetual easements with satisfactory width and access, as determined
by the City, shall be required. Wherever possible, easements shaJl be
continuous from block to block and shall present as few irregularities
as possible. Side yard easements containing underground pipes are
discouraged. However, in such cases when necessary said easements
shall be determined by the Community Development Director. Such
easemems shall be cleared, demucked, and graded where required.
1102.4.6
Underground Utilities. All facilities for the distribution of electricity,
telephone, and cable television shall be installed underground in new
subdivisions. Appurtenances such as transformer boxes, pedestal
mounted terminal boxes and meter cabinets may be placed above
ground on a level concrete slab and shall be located in such a manner
to minimize noise effects upon the surrounding properties. Such
appurtenances shall be landscaped in accordance with the landscape
requirements outlined in this code. Street lighting poles and fixtures
m_ay be placmxl above ground. Primary transmission lines carrying in
excess of 7,000 volts single phase or 12,000 volts three phase may be
suspended above the surface.
New pole lines located within or adjacent and para, el to a road right-
of-way which serve new developments shall be constructed of
reinforced concrete. At the time of development the City shall
require replacement of existing wood poles with concrete poles. The
City Mamger may waive this requirement if an undue hardship would
Land Development Regulations
City of Aventura, Florida Page 11-5
1102.4.7
1102.4.8
1102.4.9
1102.4.10
1102.4.11
1102.4.12
result fi.om this requirement.
Grades. Longitudinal slopes of all streets shall conform in general to
the Department of Transportation standards for arterial, collector or
local streets. Grades shall be approved by the Connnunity
Development Director.
Curve Radii at Local Street Intersections. All local street right-of-
way lines at intersections shall be rounded by curves of at least 25-
feet radius.
Dead-End Streets (Cul-de-sacs). Dead-end streets exceeding 150
feet, shall have a turning area and be of a type and size approved by
the Community Development Director. Dead-end streets exceeding
300 feet shall terminate in a circular tm-around having a minimum
right-of-way radius of 50 feet and pavement radius of 40 feet. At the
end of temporary dead-end streets a temporary mm-around with a
pavement radius of 38 feet shall be provided, unless the Community
Development Director approves an alternate arrangement.
Watercourses. When a street is proposed to abut any canal, or a
water body, provision shall be made for adequate safe vehicular
recovery area between the ultimate edge of right-of-way and the edge
of water. The d'mtance fi.om the outside edge of the ultimate right-of-
wayto the edge of water shall be no less than 50 feet for roads with a
design speed of 50 MPH or greater and 40 feet for roads with a
design speed less than 50 miles per hour. A guardmil shall be:
required for lakes and canals where it is not possible to maintain these
required minimum distances.
Curve Radii. In general, street lines within a block, deflect'rog fi.om
each other at any one point by mom than 10 degrees, shall be
connected with a curve, the radius of which for the centerline of street
shall not he less than 400 feet on arterial streets, 200 feet on collector
streets and 100 feet on local streets.
Private Streets. It is the policy of the City to discourage private
s~reets. However, private local streets may only be permitted by the
City when the design and construction of such streets meets or
exceeds the minimum standards and specifications as outlined or
referred to herein for public streets; and when a method suitable to
the City is established for the perpetual maintenance of said private
streets by developer or by the development's homeowner's
association, and with the provision of a permanent access easement
for service and emergency vehicles, maintenance and repair of public
and semi-public utilities and common area improvements. Sidewalks
Land Developraent Regnlaflons
City of Aventura, Florida Page 11-6
and setbacks along private streets shall be from the theoretical right -
of- way line. Notwithstanding anything to the contrary in this Code,
no private streets shall be permitted by the Cily unless the owner of
the private streets executes an agreement with the City whereby the
City is authorized to enforce the City's traffic and parking ordinances
and regulations over the private roads.
1102.4.13 Street Lights. Installation of street lights shall be required in
accordance with design standards of Florida Power and Light and an
approved site plan ~-A o~,n, ~ ....... A by *~ r~;~,~, of
1102.4.14 Inverted Crowns. Inverted crown roadways shall not be permitted on
public or private streets. This limitation shall not apply to private
parking lots or private driveways within multifamily developmem.
1102.5 Addresses.
1102.5.1
Type of Name. All streets shall be numbered or named in accordance
with a numbering system approved by the U.S. Post Office and
Community Development Director. All streets shall have a sign
displaying the street number or name. Street signs shall have
reflective type lettering meeting Miami-Dade County standards.
1102.6 Lots.
1102.6.1
Lots in Conformance with Zoning District. Lots shall be subdivided
in conformance with the applicable zoning district's developmem
1102.6.2 Side Lines. All side lines of lots shall be at right angles to straight
street lines and radial to curved street lines.
1102.6.3 Driveway Access. Driveway grades and access shall conform to City
specifications and the requirements of this Section.
1102.6.4
Frontage on Curve or Cul-de-sac. The minimum arc frontage for lots
abutting the turnaround of a cul-de-sac shall be twenty-five (25) feet
for residential uses and sixty (60) feet for non-residential uses.
1102.7 Storm Drainage and Water Managemem Design Standards.
1102.7.1
Minimum Elevation (Center Line of Street). The minimum elevation
(center line of street) shall be as established in compliance with the
Miami-Dade County Environmental Resources Management and
subject to the approval of the Community Services Director.
Land Development Regulations
Cit~ of Aventu fa, Florida Page 11-7
(1)
(2)
1102.7.2 Specific Standards For Flood Hazard Reduction. in all areas of
.... :~ a~^a u .... `4 where base flood elevation data has been
provided, the following provisions are required:
(a)
Residential Construction. New construction or substantial
improvement of any residential structure shall have the
lowest floor, including basement, elevated no lower than
one (1) foot above the base flood elevation or 18 inches
above the highest point of the adjacent mad crown
levation, whichever is highe _~ ,4 .... :~`4 ~.~ ~;~;
Should solid foundation perimeter walls be used to elevate
a structure, openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in
accordance with the standards of subsection (c) below.
(b)
Non-Residential Construction. New construction or
substantial improvement of any commercial, industrial, or
non-residential structure shall have the lowest floor
including basement, elevated no lower than one (1) foot
above the level of the base flood elevation or 1~8 6 inches
above the highest point of the adjacent road crown
elevation, whichever is higher. Structures located in all A-
zones may be flood-proofed in lieu of being elevated
provided that all areas of the structure below the required
elevation are water-tight with walls substantially
impermeable to the passage of water, and use structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and the effect of buoyance. A
Land Development Regulations
City of Aventura, Florida Page 11-8
(c)
(d)
(e)
(0
(g)
(h)
registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such
certification shall be provided to the City as set forth in
subsection (c) below.
Elevated Buildings. New construction or substantial
improvements of elevated buildings that include fully
enclosed areas formed by fotmdation and other exterior
walls below the base flood elevation shall be designated to
preclude finished living space and designed to allow for
the entry and exit of floodwaters to automatically eqnali?e
hydrostatic flood forces on exterior walls.
Designs for complying with this requirement must either
be certified by a professional engineer or architect or meet
the following minimum criteria:
(1) Provide a minimum of two (2) openings having
a total net area of not less than one (1) square inch for
every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher
than one (1) foot above grade; and,
(3) Openings may be equipped with screens
louvers, valves or other coverings or devices provided
they permit the automatic flow of floodwaters in both
directions.
Electrical, plumbing, and other utility connections are
prohibited below the base flood elevation;
Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or
limited storage or maintenance equipment used in
connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and
The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms.
Floodways. Lands located within areas of special flood
hazard, are designated as Iloodways. Since the floodway
is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and has
erosion potential, the following provisions shall apply:
Land Development Regulations
CiW of Avenlura, Florida Page 11-9
1102.7.3
(1) Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting
technical data) by a registered professional engineer is
provided demonstrating that encroachments shall not
result in any increase in flood levels during occurrence of
the base flood discharge.
Storm Water Managemem. All stormwater dmimge systems shall be
designed in accordance with the requirements of the Mlami-Dade
County Environmental Resources Mmn~gement, the South Florida
Water Management District's permit manual "Management and
Storage of Surface Waters", latest edition and the City's Floodplain
Management criteria.
Land Development Regulations
City of Aventura, Florida Page 11-10
Section 1103. Architectural Design Standards.
1103.1
Design Concepts. The principles set out below are not intended to limit
innovative architecture, but to establish a lneaningful design guide for
development and redevelopment in the City of Aventura. All development shall
be designed in accordance with the fundamental concepts descn'oed in this
Section. The fundamental design concepts shall include:
(a)
The design of architecturally varied structures within planned
developmems through the use of building nzassing, varied roof-
scapes, varied window design, ornamentation and color;
The linkage of landscaped exterior spaces (courtyards, loggias,
arcades and plazas) to buildings;
(c)
The linkage of sevarate development parcels by pedestrian and
vehicular connections;
(d)
The recognition of the South Florida climate which should influence
building shape and orientation, nature of roofs and overhangs and the
location and size of windows;
(e)
The identification of individual subdivisions by utilizing signage;
(t)
The use of private common open space as a community des~
feature; and
(g)
Preservation of view corridors and pedestrian access to waterfrom
1103.2
Pedestrian Orientation. All non-residential and multifamily developmem shall
contribute to the creation of a pedestrian oriented community by providing the
following:
(a)
Emphasis on the buddings' street facades as major
elements of the overall street-scape;
(b)
Street level architectural treatmem including colonnades, arcades
awnings, and other shade producing elements should be provided
along all pedestrian-oriented frontages; and
Pedestrian oriented frontages shall be adjacem to building emrances
and integrated with adjacent properties.
1103.3 Minimum Design Standards.
Land Development Regulations
City of Aventura, Florida Page 11-11
1103.3.1
I 103.3.2
Non-Residential Development. All non-resident'mi development shall
be consistent with the traditional architecture and design themes of
South Florida including the following:
(a)
New buildings shall be designed in a manner that is
compatible with the adjacent building form in--~-e,-~'~:~* and
scale.
Recognition of the scale and character of adjacem
structures or developments, including cominuation of
existing facade treatment or expression lines, and the use
of similar finish materials.
(c)
Roof materials shall consist of metal (fiat or standing
seam); flat tile; barrel t'fle or masonry materials. This
requirement shall not apply to fiat rool~ with a parapet
wall.
(d)
All mechanical equipment (including roof-mounted
equipment) shall be screened with materials consistent
with those used in the construction of the building. The
screening material and structure shall be architecturally
compatible with the building. The screening shall be high
enough so that the equipment is not visible fi:om any
adjacent public right-of-way and designed so that the
equipment is well concealed fi:om adjacent properties.
(e)
Pedestrian circulation systems shall be barrier-fi:ce and
provide alternative ramps in addition to steps consistent
with American Disabilities Act (ADA) requirements.
(f)
All sides of any non-residential structure shall have
compatible facade and roof treatments.
(g)
All dumpsters and trash handling areas shall have a
concrete slab, and finished concrete block or masonry
wall, as provided for in these regulations, and be
landscaped in accordance with these regulations.
Dumpsters shall be oriented in a logical fashion so as to
minimize truck maneuvers. Enclosures shall be finished
with s'anilar materials and colors as the principal structure.
Residential Development. All residential development shall adhere to
the following standards:
(a)
Minimum Roof Standards - Pitched roofs shall have a
Land Development Regulations
City of Aventura, Florida Page 11-12
minimum pitch of 4:12. Deviation from the minimum may
be approved for gambrel and similar type roofs. Pitched
roofs shall be constructed of flat, or baa'el cement or clay
tile, split cedar shakes or slate, all as defined by common
usage in Miami-Dade County, Flor/dm Cedar shingle and
asphalt shingle roofs are not permitted on any principal
residential structure permitted after the effective date of
this code. Flat roofs may be permitted if the flat roof area
does not comprise over twenty - five (25) percent of the
total roof area. Such flat roofs are only ma54~ permitted
over porches, Florida rooms, and utility moms located to
the rear of the dwelling unit.
(b)
Driveways within all RS Zoning Districts shall be
constructed of portland concrete at a minimum. Asphalt is
not permitted.
(c)
Architecture and site development shouldu,~,,,; ...... v",'~,~'~
cons~dera ..... of-the subtropical characteristics of the area.
The provision of sun-control devices, shaded areas,
vegetation, roof terraces, and similar features
characteristic of subtropical design is encouraged.
(d)
Open space for multi-family dwelling units should be
located and designed to maximize its utility to the dwelling
units.
(e)
All dumpsters and trash handling areas in development
within RMF Zoning Districts shall have a concrete slab, be
enclosed by a finished concrete block or nmsomy wall
s'umilar in color and detail to the principal structures as
provided in this code, and be landscaped in accordance
with these regulations. Dumpsters shall be oriented in a
logical fashion so as to minimize truck maneuvers.
1103.3.3
Pedestrian/Bicycle Paths Pedestrian/bicycle paths incorporated into a
plan shall have 6 feet of pavement width or as approved by the
Community Services Director. The path shall be a minimum of ten
(10) feet from a fight-of-way, except where it transitions and crosses
an intersecting street. The path shall not be incorporated into a
residential lot.
1103.3.4 View Corridors All developments in the RMF3, RMF4, and all non-
residential developments, on waterfront sites shall preserve a visual
corridor to the water unencumbered with any structure, roadway or
off street parking. The view corridor shall extend the full length of
Land Development Regulations
City of Aventura, Florida Page ! I-I 3
the site fi:om the waterfront to the public right-of-way most marly
opposite the waterfront. The width of the corridor shall be no less
than 10 percent of the waterfront frontage, not to exceed but a
Land Development Regulations
Cily of Aventura, Florida Page 11-14
Section 1104. Outdoor Lighting Standards
1104.1
General. No structure or land shall be developed, used or occupied unless all
outdoor lighting conforms to the requirements of this Seetion~ The terms used in
this Section shall have the definition use by the Illuminating Engineers Society.
Lighting shall be designed and placed to illuminate the ground, a vehicular use
area, a building, a street, or a sign. All lighting shall be concentrated on the
ground, building, street, or sign it is intended to illuminate. Lighting which is
designed to illuminate the building roof area, except for safety reasons as
determined by the Community Development Director, shall be prohibited.
1104.2
Preparation of Site Lighting Plan. A plan which shows the photometrics of the
site's lighting for vehicular use areas, outside building areas, signs and streets
shall be prepared by a registered professional engineer. The plan shall
incorporate all existing and proposed sources of artificial light used on the site,
including adjoining outpareels, f~r nc,:: residcnt2z2 developmcnt. The lighting
plan shall be submitted with the final building plans, prepared at the same scale.
The plan must indicate and be certified for compliance with the standards of this
Section.
1104.3
Minimum Illumination~ All multi-family, shopping centem and office buildings
shall illuminate parking lots and pedestrian areas to a minimum maintained
average of 1.0 footcandle and a maximum to minimum ratio of 12 to 1, with no
area below the illumination of 0.5 footcandle.
1104.4
Maximum Illumination. All lighting for parking areas, buildings and signs shall
be located, screened, or shielded so that adjacent property, structures, and rights-
of-way are not directly illuminated. All lighting for parking areas, buildings and
signs shall either be shaded or soeened in a manner that will limit spillover of
lighting onto adjacent property and public rights-of-way. Spillover shall not
exceed 0.5 footcandles measured vertically along the property line at the
perimeter of the property.
1104.5 Lighting Height Standards. All private outdoor lighting shall be designed,
located and mounted at heights no greater than:
(a)
(b)
Twelve (12) feet above grade for non-cut-off type luminaries, and
Thirty (30) feet above grade for cut-offtype luminaries.
1104.6
Exceptions. Public facilities including but not limited to parks; lighted recreation
and athletic areas, courts and fields; and water and wastewater treatment
facilities shall be exempted from these standards.
1104.7
Street Lighting. A street lighting system shall be provided in all land
development projects with public or private streets. All street lighting shall be
installed according to standards established by the City or County.
Land Development Regulations
City of Aventura, Florida Page 1 1-15
Section 1105. Wetlands Preservation Standards
1105.1
Conformance with Applicable Regulations Prior to the development of land
including land clearing and excavation operations, having potential wetlands r,~s
a determination shall be made by the appropriate jurisdictional agencies as to the
presence of jurisdictional wetlands. If it is determined that jurisdictional
wetlands are present the property owner shall be required to comply with all
agency requirements regarding the protection and mitigation of wetlands on the
property as part of any City issued development order.
Land Development Regulations
CtiyofAventura, Florida Page Il-16
Section 1106. Coastal Tidal Water Standards
1106.1
Conformance with Applicable Regulations. Prior to the developmem of land or
the issuance of any development permit for construction immediately adjacent to
ar. at, near er a~ve any tidal waters, the property owner or their representative
shall be required to obtain approval from Miami-Dade County Environmental
Resources Management.
Land Development Regulations
City of Aventura, Florida Page 11 - 17
Section 1107. Surface Water Management Standards.
1107.1
Conformance with Applicable Laws. All structures or land shall be developed,
used or occupied such that surface water is managed in conformance with the
following laws, roles and regulations:
(a)
(b)
(b)
(c)
Chapter 24, Miami-Dade County Code;
Chapter 40-E, as mended, Florida Administrative Code, "Rules of
the South Florida Water Managemem District."
South Florida Building Code, as amended.
Land Development Regulations
City of Aventura, Florida Page
Section 1108. Accessory Uses and Standards.
1108.1
General. No accessory uses shall be permitted in a required yard or bufferyard
area, except as set forth below. In no event shall an accessory use be construed
to authorize a use not otherwise permitted in the district in which the principal
use is located and in no event shall an accessory use be established prior to the
principal use to which it is accessory. No pemmnent structures shall be
permitted in utility easements without the prior written approval of the
appropriate utilities, and the concurrence of the City.
1108.2
Awnings and Canopies. The definition of an awning or canopy shall be as
provided for in the South Florida Building Code. Any advertising shall conform
to the sign regulations contained in this Code.
1108.2.1
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.
1108.2.2
Canopies - A canopy may be located over any walkway adjacent to a
building or over a building's entrance. The maximum height of the
overall canopy structure shall be eight (8) 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.
1108.3
Carports. Carports shall comply with the structural setbacks of the zoning
district in which they are proposed to be located. The use of polyvinyl chloride
(PVC) pipe is expressly prohibited. Any carport lawfully established prior to the
adoption of this Code which does not comply with the stmctuml setbacks of the
zoning district may remain as a nonconforming use subject to the provisions of
the nonconforming Chapter of this Code.
1108.4 Domestic Pet Shelters. One pet shelter or pen for domestic household animals
shall be permitted per lot in any residential district, subject to the following:
(a)
No pet shelter or pen shall be permitted within the required fi'ont yard
area, or within utility, drainage or access easements.
(b)
The structure must be set hack at least six feet from the side and rear
lot lines.
(c)
Domestic pet shelters and pens shall be maintained in a clean and neat
manner free of offensive odors.
Land Development Regulations
City of Aventura, lqorida Page 11 - 19
1108.5 Fences and Walls.
1108.5.1 Defined. A fence or wall is a barrier constructed of manmade or
natural materials. A wall is a concrete or block structure.
1108.5.2
Fences on Residential Lots. Fences on a residential lot shall be
limited to six (6) feet in height. Barbed wire and other similar
material shall not be permitted on a fence or wall within a residential
district. Fences and walls shall be limited to four (4) feet in height
within a required front yard. In all zoning districts, only pressure
treated pine, redwood and cedar wood shall be acceptable for wood
fence constmction~ All wood fencing shall have a nominal thickness
of one (1) inch. Each side of a concrete block or masonry wall shall
be completely finished with stucco and/or paint.
1108.5.3
Residential Parcel Perimeter and Entry Walls. Uniform walls and
may be erected within a required bufferyard and at the access
driveway entrances to residential development parcels. The wall shall
be located at the interior edge of a bufferyard. Typical elevations,
materials and the location of the wall shall be shown on a final site
plar~ Barbed wire and other similar material shall not be permitted.
Walls sb~ll be designed to discourage Gmffitti.
1108.5.4
Walls and Fences on Non-Residential Parcels. Walls shall be
permitted within a required bufferyard at the perhmeter of non-
residential parcels, they shall not be permitted within a required front
yard. Fences within non-residential zoning districts adjacent to
residential property shall not exceed eight (8) feet in height. Fences
and walls within non-residential property adjacent to non-residential
property shall not exceed ten (10) feet in height. Typical elevations,
materials and the location of the fence shall be shown on a final site
plan.
1108.5.5
1108.5.6
Fences within Easements. A Fences, walls and landscaping shall not
be permitted within a utility easemem prior to the issuance of a
permit. To locate a fence or wall in any easement an encroachment
agreement shall be required. If a permit is issued, access to any
easements shall be granted when required by any utility. A utility
company or franchise shall not be responsible for damage to a fence,
wall or landscaping within an easement.
Chainlink Fences Proitibited. Chainlink fences shall be prohibited in
all districts except as a temporary enclosure or fencing for golf
courses and tennis courts.
Land Development Regulations
City of Aventura, Florida Page 11-20
1108.6
1108.7
1108.8
1108.5.7
following:
Maintenance. A Fence or wall shall be fmished and maintained in
good condition and appearance. The finished side of all stockade
fences shall face outward to the abutting property or right - of- way.
Gazebos shall be permitted in all residential districts, subject to the
(a) No gazebos shall be permitted within the required fi.om yard area, or
within utility, drainage or access easements;
(b) Gazebos must be set back at least six feet fi.om the side and rear lot
lines;
(c) No gazebo shall have ag_ ma~'num area (footprint) larger than 100
square feet per 5,000 square feet of lot area; and
(d) No gazebo shall have a height larger than 35 feet.
Play Equipment. Play equipment shall be permitted in any residential district,
subject to the following:
(a) No permanently installed play equipment, except basketball hoops,
shall be permitted within the li~ont setback, 10 feet of a right-of-way,
or within utility, drainage or access easements;
(b) No play equipment shall use street right-of-way as part of the playing
(c) Permanemly installed play equipment shall be of a common
playground type designed for children; and
(d) Basketball hoops and backboards in fi'ont yard areas shall be
permitted on the front of the building or on a pole in the driveway
only. Basketball poles shall be located no closer then ten (10) feet to
any pmporty line.
Screen Enclosures. Screen enclosures shall be permitted in all residential zoning
districts, subject to the following:
No screen enclosure shall be permitted in the required front yard or
within utility, drainage or access easements;
No screen enclosure may be converted to an enclosed structure
unless the converted structure would comply with aH standards of the
applicable zoning district;
(a)
(b)
Land Development Regulations
City. of Aventura, I~'lorida Page 11-21
(c) Screen enclosures with a screen roof shall meet the following setback
requirements:
1108.9
(1)
The side yard or sidestreet setback shall be the same as the
structural setback requirement of the zoning district; and
(2)
The rear yard setback shall be a minimum six (6) feet fi.om
the rear lot line; and
(d)
Screen enclosures with a solid roof shall meet the following setback
requirements:
(l)
The side yard or sidestreet setback shall he the same as the
structural setback requirement of the zoning district; and
(2)
The rear yard setback sball he fifteen (15) feet or the same
as the structural setback, whichever is less.
Swimming Pools and Spas. Swimming pools and spas shall be permitted in all
residemial zoning districts, subject to the following:
(a)
No swimming pools or spas shall be permitted within the required
fi.om yard area, or within utility, drainage or access easements.
Swimming pools shall be required to have a safety barrier.
(b)
Above-ground pools and spas which exceed forty-eight (48) inches in
height must meet all structural setback requirements.
(c)
The following setback requirements shall apply to swimming pools
and spas:
(1)
The side yard or sidestreet setbacks to the water's edge
shall be two (2) feet plus the required sideyard or
sidestreet structure setback.
(2)
The rear yard setback shall be seven (7) feet fi.om the
water's edge to rear lot line.
(3)
The setback fi.om any building fotmdation shall be five (5)
feet unless both the design and construction as approved
by the Community Development Director is safe and will
not poss~ly result in a weakening of or damage to the
building foundation~ In no event shall said pool or spa be
closer than eighteen (18) inches to any wall or any
enclosure.
I~and Development Regulations
City of Aventura, Florida Page 11-22
(d)
1108.9.1
Any pool for a non-residential development shall meet the structural
setbacks for the district in which it is located and all required
govemmental agency standards.
Safety Barrier Required; Specifications.
(a) Specifications - No swimming pool final inspection and approval
shall be given by the City, unless there has been erected a safety
barrier. The safety barrier shall take the form of a screened-in patio, a
wooden fence, a rock wall, a concrete block wall, or other materials
so as to enable the owner to blend the same with the style of
architecture planned or in existence on the property. The minimum
height of the safety barrier shall be not less than four (4) feet. The
safety barrier shall be erected either around the swimming pool or
arotmd the premises on which the swimming pool is erected. In either
event, it shall enclose the area entirely, prohibiting unrestrained
admittance to the enclosed area. Gates shall be of the spring lock
type, so that they shall automatically retum to be4n a closed position
at all times. Gates shall also be equipped with a safe lock and shall be
locked when the swimming pool is not in use.
(b) Permits Required - Before any work is conanenced, permits shall
be secured for all swimming pools and for the safety barriers. Plans
shall contuin all details necessary to show compliance with the terms
and conditions of these regtflations. No swimming pool penmit shall
be issued unless simultaneously therewith a permit is secured for the
erection of the required safety barrier; if the premises are already
enclosed, as herein belbre provided, a permit for the safety barrier
shall not be required, Z upon inspection of the premises, the existing
barrier is proven to be satisfactory.
(c) Construction specifications of walls and fences For a In '~e
wooden type fence, the boards, pickets, louvers, or other such
members, shall be spaced, constructed, and erected, so as to make the
fence nonclimhable and impenetrable. Walls, whether of the rock or
block type, shall be so erected to make them nonclimbable.
(d) Authority to disapprove barriers - It shall be within the discretion
of the building inspector to refuse approval of any barrier which, in
his opinion, does not meet f'~'v:~,h the safety requirements of this
regulation, i.e., that it is high enough and so constructed, to keep the
children of pre-school age fi.om getting over or through it.
(e) Maintenance of safety barrier; duty of owner, occupant - It shall
be the responsibility of the owner and/or occupant of the premises
containing the swimming pool to maintain and keep in proper and
Land Development Regulations
City of Aventura, Florida Page 11-23
1108.10
safe condition at all times the safety barrier required and erected in
accordance with this sectioi~
(f) Maintenance of pool; duty of owner, occupant - It shall be the
responsibility of the owner and/or occupant of the premises
containing a swimming pool to keep such pool fi.om becoming a
health hazard to the co o: ...... e ..... ~ e~ .......
...... : ...... ~- ....... ,s. ...... In the event any person owning
or occupying the premises containing a swimming pool permits the
safety barrier to become in an improper and unsafe condition, or
permits the swimming pool to become a health hazard to the
community, the City may direct a letter by certified mail to the owner
or occupant of such premises, advising such owner or occupant that
the city will have such safety barrier put in a proper and safe condition
or correct the health hazard of the swimming pool within a period of
ten (1 O) days fi.om receipt of such letter. The City shall be authorized
to place a lien on the property not in compliance with this section in
order to recover the costs associated with enforcement of this section.
(g) Temporary fence to enclose swimming pools while under
construction - No person shall construct or cause to be constructed
any swimming pools unless such swimming pool is completely
enclosed by a fence with a minimum height of not less than four (4)
feet. Such fence may be of a temporary nature but must be erected
either around the swimming pool or around the premises on which
the swimming pool is under construction; in either event, it shall
enclose the area entirely, prohibiting unrestrained admittance to the
enclosed area. However, the swimming pool need not be completely
enclosed during those periods when an adult person is present on the
site and actual construction is in process. This section shall only affect
those pools under construction within one hundred forty (140) feet of
any residence upon which a certificate of occupancy has been issued.
The one hundred forty (140) feet shall be measured fi:om the edge of
the swimming pool to the closest property line containing such
residence by straight line measure.
Utility Sheds. Utility sheds shall be permitted in all residemial districts, subject to
the following:
(a)
No more than one utility shed shall be permitted for each parcel or
lot;
(b)
No utility shed shall be permitted in any required fi.om or side yard
area or within utility, drainage or access easements;
(c)
The maximum dimensions ora utility shed shall be no more than 100
Land Development Regulations
Ciq~ of Aventura, Florida Page 11-24
1108.11
1108.12
1108.13
square feet in footprint and eight (8) feet in height; and
(d)
Rear and side setbacks for utility sheds on single family and duplex
lots shall be a minimum of three feet from the lot lines. Rear and side
setbacks for utility sheds on all other property shall be equal to the
height of the structure.
Utility/Mechanical Equipment. Utility and mechanical equipment used for a
building's operation which is located outside the building shall only he located in
a rear or side yard. The equipment shall not be located within a utility easement
unless it is equipment serving that specific easement. The minimum distance
fi:om a property line to the structure shall he no less than the structure's height.
All equipment sb~ll be screened fi:om view by landscape materials as provided
for in this code. These requirements shall not apply to municipal or franchise
utilities such as power, phone, cable, corvanunication or drainage equipment
which is located within a public utility easement.
Waterfront Lands. A rear yard setback of twenty (26) feet fi:om the rear or
water~ont line measured landward therefrom shall be provided and no building
construction, to include principal and accessory buildings shall be permitted in
this setback.
Docks; Construction Requirements. Prior to the construction of a dock within
the city, the owner shall obtain approval of the proposed construction fi:om the
Community Development Department, Miami-Dade County Environmental
Resource Management and appropriate drainage district. The amount of a dock
protruding onto public property shall be at the discretion of the Community
Development Department and based upon waterway widttz In no case shall
protrusion onto public property exceed fifteen (15) feet. Docks shall be kept in a
constant state of repair by the owner. Any dock not properly constructed or
maintained must be removed at the direction of the Community Development
Department within fifteen (15) days of receipt ofnotiee.
Land Development Regulations
City of Aventura, Florida Page I 1-25
Section 1109. Compliance With Comprehensive Plan.
1109.1
Compliance Required. No developmem activity may be approved unless it is
found that the development ~s cons~ent eompties~ the ...... : ~ :~--":~'
requirements in the ~ Comprehensive Plan. ' '
1109.2
Determining Compliance. If a development proposal is found to meet all the
requirements of this code, it shah be presumed to he consistent with the
Comprehensive Plan until such time as it can be demonstrated otherwise. If a
question of consistency is raised, the Community Development Director shall
make a determination of compliance or noncompliance and support the
determination with written findings.
1109.3
Concurrency Required. No applications for development orders authorizing a
new use or an expansion of an existing use shall be approved unless the facilities
necessary to maintain the adopted level of service standards exist or are
projected to exist when necessary to serve the development. The approval of
development orders shall be based on the existence of adequate facilities or
inclusion of necessary facilities in the applicable service element of the
Comprehensive Plan, in the adopted Capital Improvements Element of the
Comprehensive Plan, in the work plan or program of the agency having
functional responsibility for provision of the facilities, or in an enfomeable
development agreement. An enfomeable development agreement may include
but is not limited to, development agreements pursuant to F.S. § 163.3220, or an
agreement or development order pursuant to F.S. Ch. 380. Such findings shall be
included in staff mcomn~ndations.
1109.4
Development Orders Requiring Concurrency Determin~ation. The following three
classes of development orders will be reviewed for conc~cy:
1109.4.1
Initial Development Orders
Zoning district boundary change
Variance
Site plan approval
Conditional use approval
Modification of covenant or restrictions
1109.4.2 Intermediate Development Orders
Temative plat and Final plat
1109.4.3
Final Development Orders
Any building permit for construction resulting in an increase in size
or intensity of a land use.
Certificate of occupancy to show consistency with what was
approved.
Land Development Regulations
City of Aventura, Florida Page 11-26
1109.5
1109.6
Burden of Showing Compliance. The burden of showing compliance with level
of service requirements shall be upon the applicant for a development order. The
applicant shall submit information regarding compliance with concurrency
requirements when requested by the Community Development Department in a
format acceptable to the Department. In order to be approvable, the Community
Development Director shall determine that applications for development
approval have provided sufficient information showing compliance with these
standards.
Level of Service Standards. The following level of service standards contained in
the adopted Comprehensive Plan shall be maintained.
1109.6.1
Potable Water.
(a) The treatment system shall operate with a rated maximum daily
capacity which is no less than two percent (2%) above the
maximum daily flow for the preceding year, and an average
daily capacity two percent (2%) above the average daily per
capita system demand for the preceding five (5) years.
(b) Water shall be delivered to users at a pressure no less than
twenty (20) pounds per square inch (psi) and no greater than
100 psi. Unless otherwise approved by the Miami-Dade Fire
Department or a successor entity, minimum fire flow, based on
the land use served, shall be maintained as follows:
Gallons per
Minute
Land Use Type
Single Family Residential Estate Density
5OO
Single Family and Duplex Residential on
Minimum lots of 7,599 square feet
750
Multi-family Residential, Semi-professional
Offices
1,500
Hospitals, Schools 2,000
Business and Industry
3,000
(c) Water quality shall meet all federal, state and county primary
standards for potable water.
(d)
System-wide storage capacity for finished water shall equal no
less than fifteen (15) percent of the system-wide average daily
demand.
Land Development Regulations
City of Aventura, Florida Page 11-27
1109.6.2
1109.6.3
Sanitary Sewer Service.
(a) Wastewater treatment plants shall operate with physical
capacity no less than the annual average daily sewage flow.
(b) Effluent discharged from wastewater treatment plants shall
meet all federal state and county standards.
(c)
The system shall collectively maintain the capacity to collect
and dispose of 102 percent of the average daily per capita
sewage system demand for the preceding five years.
Traffic Circulation.
The minimum acceptable peak-period level of service standard for
all state, county and city roads inside Aventura shall be the
following:
(a) Where no public mass transit service exists, roadways shall
operate at or above LOS E;
(b)
Where mass transit service having headways of 20 minutes or
less is provided within ½ mile distance, roadways shall operate
at no greater than 120 percent of their capacity; or
(c)
Where extraordinary transit service such as conunuter rail or
express bus service exists parallel roadways within ½ mile shall
operate at no greater than 150 percent of their capacity.
Traffic circulation level of service shall be determined using the
following procedures:
(a) Level of service shall he calculated using the methodologies
contained in the current version of The Highway Capacity
(b) For the purposes of this subsection "peak period" shall be
defined as the average of the two highest consecutive hours of
traffic volume during a weekday between the hours of noon
and midnight.
Development orders for developments located within the City's
Transportation Concurrency Exception Area shall not he withheld
because of a lack of concurrent roadway capacity unless, in the
judgement of the Community Development Director, the failure to
achieve concurrency poses a threat to the safety, health and welthre
of the community.
Land Development Regulations
City of Aventura, Florida Page 11-28
1109.6.4
1109.6.5
Mass Transit.
A development site is considered to be served by mass transit if it
meets any of the following criteria:
(a) It is located within a transit corridor. For the purposes of this
subsection, a transit corridor is defined as the area one-l~lf mile
on either side of a transit ronte provided with peak service
provided on headways of 60 minutes or less;
(b)
it is located within a radius of one-half mile of any transit
terminal with senrice provided on headways of 60 minutes or
less; or
(c) Is provided with private transit or paratmnsit service.
The level of service standard for mass transit is those areas of the
City meeting all the following criteria shall be serviced with mass l
transit:
(a) Where the average combined population and employment
density along a transit corridor exceeds 4,000 per square mile;
(b) It is estimated that there is sufficient demand to warrant
service;
(c) The service is economically feasible; and
(d) The expansion of transit service into new areas is not provided
at a detriment to existing or planned services in higher density
areas with greater need.
Stormwater Management (Drainage).
The drainage level of service standard is comprised of a flood
protection standard component and a water quality component
1109.6.5.1
Flood Protection, The minimum acceptable flood
protection level of service standard shall be protection
from the degree of flooding that would result for a
duration of one day from a ten-year storm, with
exceptions in previously developed canal basins as
provided below, where additional development to this
base standard would pose a d~k to existing
development. All structures shall be constructed at, or
above, the minimum floor elevation specified in the
federal Flood Insurance Rate Maps for Aventura, or as
specified in the Miami-Dade County Code, whichever
Land Development Regulations
CityofAventura, Florida Page 11-29
1109.6.6
is higher.
1109.6.5.2
Water Quality. The water quality level of service
componem of the standard shall be met when the
annual average for each of the following twelve priority
NPDES pollutants does not exceed the following
target criteria for each of those pollutants within a canal
basin, or sub-basin, as determined in accordance with
procedures established by
DERM:
Pollutant:
Biological Oxygen Demand (BOD) 9 rog/1
Chemical Oxygen Demand (COD) 65 rog/1
Total Suspended Solids (TSS) 40 mg/l
Total Dissolved Solids (TDS) 1,000 mg/1
Total Ammonia-Nitrogen & Organic 1.5 mg/l
Ammonia
Total Nitrate (Nox-N) 0.68 mg/1
Total Phosphate (TP04) 0.33 mg/1
Dissolved Phosphate (DP04) Not available
Cadmium (Cd) 0.0023 mg/1
Copper (Cu) 0.0258 mg/l
Lead (Pb) 0.0102 rog/1
Zinc (Zn) 0231 mg/1
Miami-Dade County
Applicants seeking development orders in canal basins
or sub-basins, that do not meet either the FPLOS or the
WQLOS shall be required to conform to Best
Management Practices (BMPs) as provided by Miami-
Dade County Code. Owners of colranercial or
industrial properties where BMPs are required, shall, at
a minimum, demonstrate that their on-site stormwater
system is inspected two times per year and maintained
and cleaned as required. Private residential
developments in areas where BMPs are reqtfired shall
demonstrate that their on-site stormwater systems are
inspected two times per year and maintained and
cleaned as required.
Solid Waste Disposal.
The Miami-Dade County Solid Waste Management System, which
includes County-owned solid waste disposal facilities and those
operated under contract with the County for disposal shall, for a
minimum of live (5) years, collectively maintain a solid waste
disposal capacity sufficient to accommodate waste flows committed
to the system through long-term interlocal agreements or contracts
Land Development Regulations
CityofAventura, Florida Page 11-30
1109.6.7
with municipalities and private waste haulers, and anticipated non-
committed waste flows.
Parks and Recreation.
The level of service standard for the provision of recreational open
space shall be 2.75 acres of net usable park land per 1,000
permanent residents. For the purposes of this subsection "Net
Useable Park Land" is defined as:
(a) Any City park, conservation land, greenway, recreation facility
or marina, calculated at 100 percent of gross area.
Any State or County regional park located within one mile of
the boundaries of the City, calculated at 100 percent of gross
area;
(c) Any private recreational parks, sites or facilities within the
boundaries of the City, calculated at 50 percent of gross area;
and
(d) Any private marina or golf course facility within the boundaries
of the City, calculated at 25 percent of gross area.
Land Development Regulations
City of Aventura, Florida Page I 1-31
1110. Satellite Dishes.
1110.1
Definitions
For the purpose of this article, the following terms and phrases shall apply:
Antenna means any device used for the receipt of video programming
services, including TVBS, MDS, DBS, ITFS and LMDS, and MMDS. A
reception antenna that has limited transmission capability designed for the
viewer to select or use video programming is a reception antenna provided
that it meets the Federal Communications Commission standards for radio
frequency emissions. A mast, cabling, or other accessory necessary for the
proper installation, maintenance, and use of a reception antenna shall be
considered part of the antenna~ An "antenna" within the meaning of this
article expressly excludes any device that comes within the definition of the
term "antenna" in the LDR.
Antenna user means the person or entity that has a direct or indirect
ownership interest in, and exclusive control over, the property upon which
the antenna is located.
Applicant means any person submitting an application within the meaning
of this article.
Application means any proposal, submission or request to install a satellite
disk An application includes an applicant's initial proposal, submission or
request, any and all subsequent amendments or supplements of the
proposal, relevant correspondence, and all written and oral representations
and/or material made or provided to the City.
Commission or FCC shall mean the Federal Communications Commission
or any successor governmental entity thereto.
Communications Act means the Communications Act of 1934, 47 U.S.C.
§ 151 et seq., as the Act has and may hereinaller he mended. Large
satellite dish means any satellite earth station antenna that is not defined as
a "small satellite dish".
Mast means a structure to which an antenna is attached that raises the
antenna height.
National Historic Preservation Act means the National Historic~
Preservation Act of 1966, 16 U.S.C., §§ 470 et seq., as the Act has and
may hereafter he amended.
Permit means the authorization expressly granted by the City to an antenna
user to install an antenna on the property wherein the user has a direct or
indirect ownership interest. 2~he term does not include any other
authorization, including, but not limited to, a franchise, license, or permit
that may be covered by other laws, ordinances or regulations of Federal,
State, or any local government entity including other laws or regulations of
the City.
Small satellite dish means any receive-only satellite earth station antenna
that is two meters or less in diameter and located or proposed to be located
in any area where conunercial or industrial uses are generally permitted by
non-Federal land-use regulation, or a satellite earth station antenna that is
Land Development Regulations
CityofAventura, Florida Page ! 1-32
1110.2
1110.3
one meter or less in diameter in any area regardless of land use or zoning
category.
Temporary or moveable dish means an antenna which is not anchored in
the ground or which is not affixed to a permanent structure.
VSAT means a commercial satellite service that may use satellite antennae
less that one meter in diameter but that is not used to provide over-the-air
video programming.
Purpose and intent.
It is the puq~se and intent of this article to establish roles and regulations
consistent with Federal policy with respect to the installation, placement,
m~intenance and use of satellite dishes designed for over-the-air reception of
television broadcast signals that (a) ensure that consumers have access to a broad
range of video programming services; (b) fosters full and fair competition among
different types of video programming services; (c) satisfy the City's legitimate
governmental interests in protecting lives and property and promoting the
public's safety, health and including, but not limited to (i) reducing the likelihood
that satellite dishes will become windblown hurricane hazards and (ii) reducing
crime and the opportunity for crime; and (d) ensure compliance with all
applicable Federal, State and local law, rules and regulations, including, but not
limited to, the South Florida Building Code.
Small Satellite Dish Regulation.
(a)Small satellite dish antennas are subject to the following requirements:
(1)
(2)
(3)
(4)
The satellite antenna installation shall require the approval of the City
Manager or his designee.
The approval of the City Manager or his designee is contingent upon
the compliance by the satellite antenna with the regulations of the City.
Where the construction, connection or installation of an antenna
requires a permit under the South Florida Building Code (the "Code"),
a permit shall be obtained.
To avoid any possibility of delay with respect to the deployment of an
antenna, any person who wishes to install or have installed an antenna
may do so without the advance filing of an application, the advance
payment of the application fee and the filing and obtaining in advance
of a permit, as such are required in this section; provided, however,
that the installer or the person for whom the antenna is installed must
provide written notice to the City within forty-eight (48) hours after
any such installation (exclusive of weekends and legal holidays)
reporting the facts of such installation (i.e., the address of the
installation, identity of the person respons~le for the antenna at the
installation-site and location of the antenna as installed) as may be
required as part of the City's application and submitting the requisite
fee. Failure to comply with such requirements is a violation of this
Land Development Regulations
Cily of Aventura, Florida Page ! 1-33
(b)
section.
(5) As soon as staff resources permit, the City will inspect the installation
to determine if it complies with the requirements of this section and the
Code (if such Code is also applicable). Neither the approval of the City
Manager or his designee nor a permit under the South Florida Building
Code will be unreasonably withheld to delay antenna deployment.
(6) If an antenna is deployed in advatw~, but does not comply with this
section, the Code or both in any respect, the City shall not be
responsible for any costs incurred in connection with any alteration
modification, redeployment or reinstallation of an antenna in order for
it to achieve full compliance.
(7) Alternatively, the person who wishes to install an antenna may file the
application, pay the fee and obtain the permit, if one is required, in
advance of the installation.
(8) If a satellite plan is in compliance with federal and local rules, approval
of the City Manager or his designee and a permit under the Code will
be issued within 20 days of application, absent exceptional
circumstances.
(9) Such permitting process shall be no more burdensome than is necessary
to ensure public health and safety.
(10) Review and approval shall be required on an annual renewal basis and
at such time the applicant shall be required to submit photos of the
antenna taken fi.om the street and adjacent properties. This is necessary
to assure continued compliance and to keep the City appraised of the
status of satellite communications within the City.
The City Manager or his designee shall review all installations and
applications for small satellite antenna approvals for such installations within
20 days of receipt of applications, absent exceptional circumstances, to
determine that the installation meets the following permit conditions:
(1) The installation or modification of a satellite earth station shall be in
accordance with all applicable construction and safety codes and
procedures and shall meet the requirements of the South Florida
Building Code.
(2) No antenna shall be permitted in a front yard or on the front part of any
roof which rtms parallel with the fi.om property line, except in the
instance of comer lots where only one side will be designated the fi.om
property line (the "fi.om" shall be the same as the street address of the
property as assigned by the United States Post Office).
(3) Every reasonable effort must be made to locate the antenna in a manner
where it is effectively screened by a fence, near a structure or near
another protective barrier which will decrease the likelihood of a
broken or dislodged antenna becoming a windblown hun/cane hazard.
(4) The City shall charge a $10.00 administration fee for review of each
application and installation. Such fee shall be remitted with the
Land Development Regulations
Cily of Aventura, Florida P~lge I 1-34
(c)
(d)
application.
(5) No antenna installation shall ulthnately be authorized by the City
Manager or his designee unless the fee has been paid and the
installation has been approved in writing and evidence of the issuance
of a permit is produced where required.
(6) The antenna shall be ground-mounted or located on the side of a
structure as close to the ground as is reasonably poss~le.
(7) Ground-mounted satellite earth stations shall conform to the minimum
setback requirements as are required for the principal building on the
building site pursuant to the South Florida Building Code and any
applicable Land Development Regulations.
(8) Ground-mounted satellite earth stations shall confor[]0[ to the minimum
setback requirements fi:om the waterway as required for the principal
building location on the property pursuant to the South Florida
Building Code and any applicable Land Development Regulations.
(9) Ground-mounted satellite earth stations shall conform to minimum
setback requirements from power lines which shall be, at minimum, no
less than eight feet from any power line over 250 volts.
(10) Except as provided in subparagraph (d) below, no antenna shall be
placed upon a roof area that is supported by trusses.
(11) Each antenna and antenna installation shall be required to be painted in
a fashion so that it blends into the background against which it is
mounted.
(12) Special requirements for temporary or moveable antennas. The
provisions of this subsection (b) shall apply to "temporary or
moveable" dish or dish antennas. All temporary or moveable dish
antennas must be removed within six months after a permit has been
issued absent the receipt of approval as provided by this subsection~
VSAT, is not within the purview of this ~J't'lcle because it is not used to
provide over-the-air video programming.
Iff as a result of compliance with this article's requirements as set forth above
reception is impaired, the cost to comply is or would be unreasonable, or the
installation may be unreasonably delayed, the City Manager may approve
plans which deviate from the requirements of this article as follows (in order
of the most acceptable deviation to least): The following list enumerates the
hierarchy of deviations. The City Manager must deviate from requirement (1)
before deviating from requirement (2), must deviate fi:om requirements (1)
and (2) before deviating fi:om requirement (3), must deviate from
requirements (1), (2), and (3) before deviating fi:om requirement (4), and
must deviate fi:om requirements (1), (2), (3), and (4) before deviating fi:om
requirement (5).
(1) The antenna shall not be located in a historic district listed or eligible to
be listed in the National Register of Historic Places, as set forth in the
Land Development Regulations
City of Aventura, Florida Page 11-35
National Historic Preservation Act of 1966.
(2) lhe antenna shall be ground-mounted or located on the side of a
structure as close to the ground as is reasonably possible.
(3) An antenna shall not be placed on a roof area which is supported by
trusses;
(4) No antenna shall be permitted in a front yard area or on the from part
of any roof which runs parallel with the front property line, except in
the instance of comer lots where only one side will be designated the
front property line. The "front" shall be the same as the street address
of the property as assigned by the United States Post Office.
(5) Any other deviation from the requirements of this article must be
justified, taking into consideration the location and surrounding
structures, fences, landscaping and other features.
(e) (1)
(t)
(2)
(3)
Rooftop installation of satellite dish or dish antennas will only be
permitted where (a) a City Building Official/Tress Manufacturer
approves the method of attachment proposed by the applicant befbre
the installation; (b) the antenna is anchored to the roof in conformance
with the requirements of the South Florida Building Code; and (c) a
professional engineer certifies as safe any infiastructure improvements
made to fortify the tress system or the truss system as designed to
which the antenna will be installed. Such certification must be obtained,
absem exceptional circumstances, within 20 days of installation.
The installation of any antenna structure mounted on the roof of a
building shall not be erected nearer to the lot line than the total height
of the antenna structure above the roof, nor shall such stmctare be
erected near electric power lines or encroach upon any street or other
public space.
Antenna users must obtain a special permit as descn~ced in subsection
(f) herein, in cases in which the antennas extend more than 12 feet
above the roof line in order to receive signals.
Mast installation.
(1) Mast height m_ay be no longer than absolutely necessary to receive
acceptable quality signals.
(2) Masts that extend 12 feet or less beyond the roof line may be installed
subject to the regular notification process. Masts that extend more than
12 feet above the roof line must be approved betbre installation due to
safety concerns posed by wind loads and the risk of falling antennas
and masts. Any application for a mast that extends more than 12 feet
above the roof-line must include a detailed description of the structure
and anchorage of the antenna and the mast, as well as an explanation of
the necessity for a mast ifigher than 12 feet. If this installation will pose
a safety ha?ard to City residents and visitors then the City may prohibit
such installation. The notice of rejection shall specify these safety risks.
(3) Masts must be installed by a licensed and insured contractor.
Land Development Regulations
City of Aventura, Florida Page 11-36
1110.4
1110.5
1110.6
(g)
(4) Masts must be painted the appropriate color to match their
surroundings.
(5) Masts installed on a roof shall not be installed nearer to the lot line than
the total height of the masts and antenna structure (combined height)
above the roof. The purpose of this regulation is to protect persons and
property that would be damaged if the mast were to fall during a storm
or from other causes.
(6) Masts shall not be installed nearer to electric power lines than the total
height of the mast and antenna structure above the roof. The purpose
of this regulation is to avoid damage to electric power lines if the mast
should fall in a storm.
(7) Masts shall not encroach upon another owner's lot or common
property.
(8) Masts installed on the ground must sustain a minimum of 120 mph
winds, or such speeds as otherwise provided in the applicable Building
Codes.
Applicability. The regulations in this article shall be applied in a
nondiscriminatory manner to other appurtenances, devices and fixtures that
are comparable in size, weight and appearance to the subject antermas and to
which local regulations would normally apply.
Large Satellite Dish Regulation. The provisions of section 1110.3 shall apply to
large satellite dish antennas. To the extent that any provision of section 1110.3
(1) materially limits transmission or reception by satellite earth station antennas,
or (2) imposes more than minimal costs on users of such antennas and to the
extent that the City cannot demonstrate that such regulation is reasonable, that
provision shall not apply.
Violation of Article. Violation of specified conditions and safeguards, when made
part of the terms under which the antenna is approved, or the various provisions
of this article, shall be deemed grounds for revocation of permit and punishable
as a violation of the Land Developmem Regulations. A maximum fine of $100.00
per violation may be imposed for any violation of this section~
Contact. Both the City and the antenna user shall provide one another with the
name and address of the contact designated to receive notices, filings, reports,
records, amendments, and other types of correspondence or infbrmation that
relate to administration and/or enforcement of this article. All notices affecting
the legal rights of the parties and all other filings, reports, records, documents and
other types of correspondence shall be in writing, and shall be deemed served
when delivered by hand or personal service, certified mail remm receipt
requested, registered mail, or express delivery by the designated contact. If such
notice is not timely served, then parties shall follow State mles to determine the
consequence of the non-timely service of notice, and the rights and remedies of
the affected parties.
Land Development Regulations
City of Aventura, Florida Page I 1-37
Chapter 12: NONCONFORMING USES AND STRUCTURES
Section 1201. Purpose and Scope.
The purpose of this Chapter is to regulate and limit the development and cominued existence of uses,
structures, and lawful lots established prior to the effective date of these Regulations which do not
conform to the requiremems of these Regulations. Many non-conformities may continue, but the
provisions of this Chapter are designed to curtail substantial investment in nonconformities and to b.ring
about their eventual improvemem or elinfination in order to preserve the integrity of these Regulations
and the character of the City. Any nonconforufing use, structure, or lot which lawfully existed as of the
effective date of these Regulations and which remains nonconforming, and any use, structure, or lot
which has become nonconforming as a result of the adoption of these Regulations or any subsequent
amendment to these Regulations may be continued or maintained only in accordance with the terms of
this Chapter.
Section 1202. Expansion of Nonconforming Use.
A nonconforming use shall not he expanded or extended beyond the floor area or lot area that it
occupied on the effective date of these Regulations or the effective date of any amendment to these
Regulations rendering such use nonconforming, except as provided for development determined to
have vested rights pursuant to Section 103.2.2.
Section 1203. Discontinuation Or Abandonment Of A Nonconforming Use.
If a nonconfolming use is discominued or abandoned, whether intentionally or not for a period of
ninety (90) consecutive days, including any period of discontinuation or abandonment before the
effective date of these Regulations, then that use shall not be renewed or re-established and any
subsequent use of the lot or structure shall conform to the use regulations of the land use district in
which it is located.
Section 1204. Change Of Use.
A nonconforming use may be changed to a permitted use or conditional use for the zoning district in
which the property is located subject to the review and approval requiremems of the appropriate
zoning district and Conditional Uses Regulations contained in these Regulations.
Section 1205. Repair Or Reconstruction Of Nonconforming Structure.
1205.1
Ordinary repairs and maintenance m_ay be made to a nonconforming structure.
The Community Development Departmem shall determine what constitutes
"ordinary repairs and maintenance", in accordance with the criteria that such
repairs and maintenance do not substantially alter the structure, result in a
change of occupancy of the structure or contravene or circumvent other
provisions hereof.
1205.2
If a nonconforming structure is destroyed or damaged by a fire, flood,
windstorm, or similar abnormal and identifiable event, and the cost of restoring
Land Development Regulations
City of Aventura, Florida Page 12-1
the structure to its condition which existed mediately prior to the event does
not exceed 50 percent of the cost of replacing the entire structure, then the
structure may be restored to its original nonconfomaing condition, provided that
a building permit is secured and reconstruction is started within 189 365 days
fi:om the date of the damage, and such reconstruction is diligently pursued to
' -~:*~"* fir to
completion ......... p o the expiration of building permits.
1205.3 Ifa nonconforming structure is destroyed or damaged by a fire, flood,
windstorm, or similar abnormal and identifiable event, and the cost of restoring
the structure to its condition existing immediately prior to the event exceeds 50
percent of the cost of replacing the entire structure, then the structure shall not he
restored unless the structure as restored, and the use thereof, will thereafter
conform to all requirements of the zoning district in which it is located.
Notwithstanding the above, structures may be restored when all of the criteria
listed below are met.
(a) Provides no greater height, provides no greater number of dwelling units (as
to residential structures) and no greater quantity of square feet of gross floor area
(as to commercial structures) than that which lawfiJlly existed immediately prior
to the event of destruction; and
(b) Requires a variance, if any, only fi:om setbacks, lot coverage, height, floor
area ratio, motor vehicle parking area, landscaping, open-space or similar criteria
if the grant of such variance would result in development which is still compatible
with surrounding uses and structures and does not result in restoring a non-
conforming land use which is specifically prohibited as a use by the LDRs.
Compatibility shall he determined upon application for a variance pursuant to
Section 506, except that the specific compatibility criteria described below shall
be used in lieu of the unnecessaw hardship standard of 506.5.
(c) In accordance with paragraph (b) above, restoration shall be found to be
compatible it' each of the elements for which a variance is necessary, when
balanced with all features of the proposed restoration, do not impair the purposes
ofthesc Regulations in assuring that the grant of a variance:
(i) maintains the basic intent of the Regulations;
(ii) is not detrimental to the appearance of the community as
protected bY the Regulations;
(iii) is compatible with the surrounding land uses and structures and
is not detrimental to the community.
1205.4.1 The restriction upon restomtinn and rebuilding which is
provided by Section 1205.3 above, shall not apply to damages or destruction to
any residentially_ developed property which damage or destruction is caused by a
hurricane or other natural disaster aflbcting a substantial portion of thc
Land Development Regulations
City of Aventura, Florida Page 12-2
commtmity and not primarily affecting an isolated property or development. This
provision is intended to avoid disruption of housing availability and to avoid
inconvenience to the residential population.
Section 1206. Alteration Or Enlargement Of Nonconforming Structure.
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:
the enlargement or alteration itself conforms to the requirements of these
Regulations; and
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
(c)
the use of the structure is conforming; and
(d)
the property owner or developer secures conditional use approval for tht
enlargement or addition in accordance with the procedures in these regulations.
1206.1
Th/s section shall not bar an alteration or enlargement which is authorized by
Section 103.2.2, concerning vested rights, under those circumstances in which
the right to alter or enlarge an existing lawfully nonconforming structure is
vested.
Section 1207. Moving Of Nonconforming Structure.
A nonconforming structure shall not be moved in whole or in part to any other location unless every
portion of such stmcture and the use thereof is made to conform with all requirements for the district
to which such structure is moved. The moving of the structure also shall comply with the requirements
of applicable other City regulations.
Section 1208. Nonconforming Lots Of Record.
1208.1 Subdivision of Nonconforming Lots. When two or more
comiguous, vacant, nonconforming lots of record are in a single ownership, '_ff
such lots ~!! ~c are subdivided, they must be subdivided in such manner as will
make them conforming. If this is impossible or impractical the City Commission
may grant such variance fi~om this requirement in conformance with the
requirements of Section 506.5 these Regulations.
Land Development Regulations
City of Aventura, Florida Page 12-3
Summary of Proposed
Land Development
Regulations
City of Aventura
Land Development Regulations Summary
Summary of Proposed Land Development Regulations
This summery was prepared to provide an overview of the mejor components of the
proposed Land Development Regulations (LDRs). The information in this document was
derived from the Land Development Regulations for summery and presentation purposes.
The actual proposed documents and mep should be reviewed in order to obtain an
understanding of the entire proposed Land Development Regulations. The replacement of
the Miami Dade County zoning code, which was in effect in the City since incorporation and
before will be entirely replaced with this document. Obviously, the creation of the proposed
LDRs was a mejor undertaking and required a great deal of staff time and commitment.
Several City Commission Workshop meetings were held to review the document. In
addition to the workshop meetings the Administration met extensively with the development
community to obtain their input and comments. The res,~!ts of this process are represented
in the revised LDRs submitted for the City Commission's consideration at the Public
Hearings of June 15, 1999 and July 13, 1999. The LDRs is the pdmary tool used to
implement the goals and objectives of the City's Comprehensive Plan. The LDR was
designed to incorporate all regulations and previously adopted ordinances relating to
zoning and development.
Acknowledgment
City staff prepared the LDR over a five-month period. The review process lasted over three
months. The preparation and formulation of the Proposed Land Development Regulations
could not have been accomplished without the assistance and dedicated efforts of the
Community Development Director and her staff, the members of the City Attorney's Office
and the City Manager's staff.
In addition, I appreciate the many constructive comments, suggestions and
recommendations of the business and development community during the review process.
June 1999 ~ ..._....~/
Eric M. Sc~oka/
City Mana~
2
Summary of Proposed Land Development Regulations City of Aventura
AVENTURA ZONING MAP
M1
RESIDENTIAL SINGLE FAMILY DISTRICT
RESIDENTIAL SINGLE FAMILY DISTRICT
MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL
MULTI-FAMILY HIGH DENSITY RESIDENTIAL
NEIGHBORHOOD DUSINESS DISTRICT
COMMUNITY BUSINESS DISTRICT
HEAVY BUSINESS DISTRICT
TOWN CENTER DISTRICT
OFFICE PARK BISTRICT
MEDICAL OFFICE DISTRICT
LIGHT INDUSTRIAL DISTRICT
COMMUNITY FACILITIES DISTRICT
RECREATION OPEN SPACE
CONSERVATION DISTRICT
UTILITIES DISTRICT
PROPOSED AVENTURA ZONING MAP
FOLLOWING COMPREHENSIVE PLAN
AMENDMENTS
RESIgENTIAL SINGLE FAMILY DISTRICT
RESIgENTIAL SINGLE FAMILY DISTRICT
MULTI-FAMILY MEDIUM ~ENSITY RESIDENTIAL
MULTI-FAMILY HIGH DENSITY RESIDENTIAL
NEIGHBORHOOD ~USINESS DISTRICT
COMMUNITY DUSINESS DISTRICT
HEAVY ~UStNESS DISTRICT
TDWN CENTER DISTRICT
OFFICE PARK DISTRICT
MEDICAL OFFICE DISTRICT
LIGHT INDUSTRIAL DISTRICT
COMMUNITY FACILITIES DISTRICT
RECREATION OPEN SPACE
CONSERVATION DISTRICT
UTILITIES 9ISTRICT
Chapter Summary & Highlights
Chapter I Purpose and Applicabilty
· Grandfathers all development approvals granted after April 1,
developments that have been issued a building permit.
a Establishes vested rights dtermination process for vacant properties.
· Establishes purpose of Comprehensive Plan and Official Zoning Map.
1996
and
Chapter 2 Definitions
· Contains the definitions for the major terminology used in the LDR.
Chapter 3 Decision Making & Administrative Bodies
· Outlines the powers and duties of City Commission under the LDR.
· Role of the City Manager and staff.
Chapter 4 Comprehensive Plan
· Establishes purpose and amendment process for the Comprehensive Plan.
Chapter 5 Development Review Procedures
· Establishes the procedures for the review of all development approvals and outlines
development process from a plat to building permit.
· Eliminates use variances. All uses permitted, conditional or prohibited are
specifically contained in each zoning district. Eliminates unusual use approvals.
a Eliminates substantial compliance determination. All site plan revisions require full
site plan review not just revised areas.
Chapter 6 Archaeological and Historical Landmarks
· Establishes standards and procedures for the designation of Archaeological and
historical landmarks in accordance with the Comprehensive Plan.
Chapter 7 Use Regulations
· Establishes new zoning districts and streamlines old County zoning districts as
follows:
Conservation District (CNS)
Residential Districts (R)
Single Family
Residential (RS 1)
Residential (RS2)
Medium Density
Residential (RMF3)
Medium High Density
Residential (RMF4)
Community Facilities District(CF)
New Zoning Districts
Business Districts (B)
Neighborhood Business (BI)
Community Business 032)
Heavy Business (B3)
Office Park (OP)
Medical Office (MO)
Town Center District (TC)
Town Center (TC 1)
Industrial District (M)
Light Industrial (M1)
Recreation/Open Space District (ROS)
Utilities District (U)
3
Sumrna~J of Proposed Land Development Regulations City of Aventura
Specific Standards By Zoning District
Resident'mi Single-Family Districts (RS 1 ).
The RS1 zoning district is established for one - family detached dwellings appropriate to the needs of
families on lots of moderate s'tze in areas consistent with the city's comprehensive plan land use
element. Densities shall not exceed thirteen (13) units per net acre.
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)
(b)
(c)
(d)
One family detached dwelling.
Publicly owned recreation buildings and facilities, playgrounds, playfields and parks.
All uses permitted in CF district.
Uses accessory to any of the above uses when located on the same plot
Site Development Standards.
(a) Minimum Lot Area: 7,500 square feet
(b) Minimum Lot gqdth: 75 feet.
(c) Maximum Height: 2 stories or 30 feet above the centerline of the road whichever is
less.
(d) Plot Coverage: The combined plot area covered by all principal and accessory buildings
shall not exceed 35% of the area of the lot.
(e)Setbacks:
Front Yards: Minimum of 25 feet in depth.
Side Yards: Minimum of 8 feet. A comer side setback shall be 15 feet on the side of the
plot abutting on the side street.
Rear Yards: Minimum of 25 feet.
(f) Floor Areas. The minimum floor area not including garage or unalrconditioned areas
shall be 2,500 square feet.
Single Family Residemial Districts (RS2)
The RS2 zoning district is established for one - family living environment appropriate to the needs of
fmnilies on lots of limited size in areas consistent with the city's comprehensive plan land use element.
Densities shall not exceed twentyfive (25) units per net acre.
Uses Permitted. No building or structure, or part thereofi 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)
(h)
(c)
(d)
(e)
One family detached dwelling.
All uses permitted in CF district.
Publicly owned recreation buildings and facilities, playgrotmds, playfields and parks.
Uses accessory to any of the above uses when located on the same plot.
Zero lot line dwelling units
4
Summary of Proposed Land Development Regulations City of Aventura
Site Development Standards.
(a) Minimum Lot Area: 4,000 square feet
(b) M'mimum Lot Width: 40 feet.
(c) Maximum Height: Three (3) stories not to excced 55 feet above the centerline of the
mad whichever is less.
(d) Plot Coverage: The combined plot area covered by all principal and accessory buildings
shall not exceed 45% of the area of the lot.
(e)Setbacks:
Front Yards: Minimum of 10 feet in depth for a maximum of 50% of the lot fi'ontage.
In all cases a minimum distance of 20 feet shall be maintained between
the garage door and the right of way line.
Side Yards: Minimum of 6 feet in width for a maximum of 50% of the lot fi:ontage A
comer side setback shall be 15 feet on the side of the plot abutting on the
side street.
Rear Yards: Minimum of 15 feet. All lots which border in the rear of the lot upon a
canal or waterway s~mll pruv~de a minimum setback of 25 feet in depth
~om the edge of water or property line, which ever provides the greater
setback.
(f) Floor Areas. The minimum floor area not including garage or unairconditioned areas
shall he 1,500 square feet.
Multi - Family Medium Density Resident'kal Districts (RMF3).
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 cons'~ent with the
city's comprehensive plan land use element. Densities shall not exceed twenty (25) units per gross acre.
Uses Permitted. No budding or structure, or part thereof; shall he erected, altered or used, or land used
in whole or part for other than one or more of the following specific uses:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
Two - family dwellings.
Triplexes and Quadruplexes
Townhouses not to exceed 6 units in any one group.
Low Rise Apartments
Mid Rise Apartments.
All uses permitted in CF district.
Publicly owned recreation buildings and facilities, playgrounds, playfields and parks
Uses accessory to any of the above uses when located on the same plot.
Site Development Standards.
(a) Minimum Lot Area and Width: Duplexes: Each dwelling of a two family structure shall
be located on a plot not less than 60 feet in width and 4,000 square feet in area.
Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area.
Where townhouse dwellings are designed, arranged and constructed for the ownership
of each dwelling unit and the land thereunder by a separate and different owner, each
dwelling unit may he located on a lot not less than 20 feet in width, and 80 feet in
5
Summa~J of Proposed Land Development Regulations City of Aventura
(1)
(m)
(o)
(p)
(cO
depth~ Each dwelling unit of a Quadruplex shall be located on a lot of minimum of
1,600 feet. Low and Mid Rise Apartments: Not less than 100 feet in width and 16,000
square feet in plot area~
Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low and
Mid Rise Apamnents: 4 stories or 45'.
Plot Coverage: The combined plot area covered by all principal and accessory buildings
shall not exceed 40% of the area of the lot.
Setbacks:
Front Yards: Minimum of 25 feet in depth.
Side Yards: Townhouse and Duplexes: Principal Structure 10 feet where applicable.
Upon comer plots in all zoning districts included in this section there shall be a
frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in
width on the side of the plot abutting on the side street. Low Rise and Mid Rise
Apartments: 25 feet in depth.
Rear Yards: Minimum of 25 feet.
Floor Areas: The minimum floor area not incmding garage or unairconditioned areas
shall be 1,500 square feet. The maximum floor area not including garage or
unairconditioned areas shall be 3,500 square feet.
Minimum Distances Between Buildings: Standard buildings shall be separated by at
least 30 feet at the closest point, or by the sum of the building heights divided by two,
whichever is greater.
Minimum Floor Areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows:
Multiple family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed twenty (20) percent of the total number of units within
a building.
Minimum Open Space: 35% of the total lot area. Said open space shall be
unencumbered with any structure or off-street parking, and shall be landscaped and
well maintained with grass, trees, and shrubbery.
Access~ility: All multi - family development projects within the zoning district shall
provide a walkway that links buildings and parking areas to onsite amenities.
Floor Area Ratio: The floor area ratio shall not exceed the following, provided,
however, that structure parking shall not count as a part of the floor area, but shall be
counted in computing building height.
Height of Building
1 story
2 story
3 story
4 story
5 story
Floor Area Ratio
0.30
0.50
0.75
0.80
0.85
6
Summary of Proposed Land Development Regulations City of Aventura
Multi - Family High Density Residential Districts (RMF4).
The purpose and intent of this district is to provide suitable sites for the development of well planned,
environmentally compatible medim-high density multifamily residential use in areas consistent with the
city's comprehensive plan land use element. Densities shall not exceed sixty (60) units per gross acre.
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)
(b)
(c)
(d)
(e)
All uses permitted in RMF3 district.
High Rise Apartments.
All uses permitted in CF district.
Publicly owned recreation buildings and facilities, playgrounds, playfields and parks
ALF
Uses accessory to any of the above uses when located on the same plot.
oite Development Standards.
(a) Mirdmum Lot Area and Width: Duplexes Townhouses Low and Mid Rise: As required
in the RMF3 zoning district. High Rise Apartments: Not less than 100 feet in width and
16,000 square feet in plot area.
(b) Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. High Rise
Apartments: 40 stories or 400'. Each proposed building or structure which exceeds
one hundred (100) feet in height shall be designed and situated such that the shadow
created by the sun at 12:00 noon on December 21 (a sun angle of forty-one (41)
degrees) will not fall on any adjacent property except for public road rights-of-way.
Shadow studies shall be provided to the Cormnunity Development Department.
(c) Plot Coverage: The combined plot area covered by all principal and accessory buildings
shall not exceed 40% of the area of the lot.
(d)Setbacks:
Front Yards: Minimum of 25 feet in depth.
Side Yards: Townhouse and Duplexes: Principal Structure 10 feet. Upon comer plots
in all zoning districts included in this section there shall be a fi.onWard as herein
specified, and in addition thereto, a side yard at least 20 feet in width on the side of the
plot abutting on the side street. Low Mid and High Rise Apartments: 25 feet in depth.
Rear Yards: Minimum of 25 feet.
(e) Minimum Distances Between Buildings: Primary use buildings shall be separated by at
least 30 feet at the closest point or by the sum of the building heights divided by two,
whichever is greater.
(f) Minimum Floor Areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows:
Multiple family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square feet.
7
Summary of Proposed Land Development Regulations City of Aventura
Efficiency units shall not exceed twenty (20) percent of the total number of units within
a building.
Minimum Open Space: 40% of the total lot are~ Said open space shall be
unencumbered with any structure or off-street parking, and shall be landscaped and
well maintained with grass, trees, and shrubbery.
Access~dity: All multi - family development projects within the zoning district shall
provide a walkway that links buildings and parking areas to onsite amenities.
Floor Area Rati6: The floor area ratio shall not exceed the following, provided,
however, that structure parking shall not count as a part of the floor area, but shall be
counted in computing building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
3 story 0.80
4 story 1.00
5 story ~.20
6 story 1.40
7 story 1.60
8 story 1.80
9 story or over 2.00
Neighborhood Business (B 1 ) 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.
Uses Permitted. No building or structure, or pan thereofi shall be erected, altered or nsed, 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)
Co)
(c)
Grocery stores and pharmacies with each store limited to two thousand (2,000) square
feet of total floor area.
Stores for sale of new merchandise, directly to the ultimate consumer only, with each
use limited to five thousand (5,000) square feet oftotal floor area per use and limited to
the following: hardware, bakery, shoes, dairy, meat market, poultry shop, bookstore,
newsstand, tailor shop, florist, girl/card shop, optical, sporting goods, leather goods,
music store, luggage, sundries, notions, tobacco products, bicycle sales, rentals and
repairs, clothes, jewelry, arts and crafts, pottery shops, paint and wallpaper, anist
studios and galleries, camera shops, small electronics and picture framing shop.
Personal services with each use limited to twenty-five hundred (2,500) square feet
of total floor area per use and limited to the following: dry cleaning (not conducted
on premises), manicurist, travel agency, barbershop, beauty shop, shoe repair,
video rental, postal facilities, drugstores, interior design, consumer electronic
repair and small appliance repair, tailoring and alterations, photographic film
8
Summary of Proposed Land Development Regulations City of Aventura
(d)
(e)
(f)
(h)
(i)
(k)
(l)
pickup, laundromat open not earlier than 7:00 a.m. and not closed later than 11:00
p.m., and restaurant without drive-through facilities.
Offices uses such as the following, limited to twenty thousand (20,000) square feet
per establishment: professional, business offices, medical out patient or dental
offices or clinics.
Banks and financial institutions, excluding drive-through facilities, limited to
twenty thousand (20,000) square feet per establishment.
Nursery school, child center or adult daycare subject to the following standards:
Building shall be located at least thirty (30) feet fi:om any "R' zoned lands.
At least one completely fenced and secured play lot shall be established,
maintained and used for children at play. The fence shall be not less than five (5)
feet in height.
Play lots located closer than fifty (50) feet to the plot line shall be screened by an
opaque fence or wall or compact evergreen hedge not less than five (5) feet in
height.
Institutions such as places of worship, ,,oraries, museums and similar facilities.
Antique shops.
Restaurants and coffee houses or dining room where kitchen is screened or located
altogether within an enclosed building or room and with ample provisions for
carrying away or dissipating fumes, odors, smoke or noise and where premises are
so arranged and the business is so conducted as not to be offensive or obnoxious
to occupants of adjoining premises or to passersby. Restaurants and cafes may
serve alcoholic beverages where such service is strictly incidental to the service of
food and fi.om a service bar only provided no entertainment of any kind is
furnished. No sign of any type or character shall be exhibited or displayed to the
outside denoting that alcoholic beverages are obtainable within.
Uses accessory to any of the above uses when located on the same plot.
All uses permitted in CF district.
Conditional Use. The following uses if first approved as a Conditional Use:
* Outdoor cafes.
e Residential uses as a combination of permitted business uses and residential
uses housed in the same building; the floor area of the residential use shall
not exceed filly (50) percent of the floor area of the building.
· Drive thru facility.
Uses Prohibited. The permitted uses enumerated in this district shall not be construed to include, either
as a principal or accessory use, any of the following:
(a)
(b)
(c)
(d)
(e)
(O
Any use not specifically permitted.
Adult entertainment establishments as defined in the Land Development Code.
Sale of goods to other than the ultimate consumer.
Sales, display or storage of used merchandise other than antiques.
Sale of alcoholic beverages for on-premises consumption except with meals.
Sale of fruit or merchandise fi.om tracks, wagons or other vehicles parked on or
along public or private streets or fi.om open stands or vacant lots. Such business on
9
Summary of Proposed Land Development Regulations City of Avontura
(g)
private or public property shall be conducted only from within approved
permanent substantial buildings.
Purchase of used goods.
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage: The floor area ratio shall be forty-one-hundredths
(0.40) at one (1) story and shall be increased by eleven-one-hundredths (0.11) for each
additional story. Structure parking shall not count as part of the floor area, but shall be
counted in computing building height and number of stories. The total lot coverage
permitted for all buildings on the site shall not exceed forty (40) percent of the total lot
area. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for
floor area ratio computation purposes.
(b) Maximum Height: 2 stories or 35 feet
(c) Minimum Lot Area and Width: The minimum required width is 110 feet and the width is
20,000 square feet.
(d) Setbacks: Except as otherwise provided every plot shall have a fi'ont yard not less than
twenty-five (25) feet in depth~ Every plot shall have a street side yard of not less tb~a~ twenty
(20) feet in depth. There is no side or rear yard setback for a plot which is not adjacent to a
street or alley.
Con~nunitv 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 con~nunlty 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.
Uses Permitted. No building or structure, or part thereo£ 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)
(h)
(c)
(d)
(e)
(0
(g)
(h)
(i)
(J)
(k)
Any use permitted in a B1 District subject to the requirements of that district as
outlined herein.
Auditoriums.
Automobile new parts and equipment, sales only.
Bait and tackle shops.
Banks, including drive-in teller service.
Billiard rooms and pool rooms
Dancing hails or dancing academies in ak conditioned buildings providing that such
establishments are not located closer than five hundred (500) feet to an R District.
Dog and pet hospitals in ak-conditioned buildings.
Dry cleaning establishments, using noninflammable solvents in self-contained dry
cleaning units of the Prosperity type or Dedrick type or an equal, provided such
establishments contain not more than four thousand (4,000) square feet of floor area.
Electrical appliance and fixtures stores including related repair shops.
Employment agencies.
l0
Summary of Proposed Land Development Regulations City of Aventura
(1) Furniture stores, retail of new merchandise only.
(m) Grocery stores and supermarkets.
(n) Handcrafted-products shop.
(o) Health and exercise clubs and spas.
(p) Department stores.
(cO Lawn mowers, retail, sales and service.
(r) Mortuaries or funeral homes.
(s) Motorcycles sales and repairs.
(t) Pet shops and dog beauty parlors in air-conditioned buildings.
(u) Post office stations and branches which directly serve the public.
(v) Liquor Package stores
(w) Restaurant, night clubs, lounge, and catering.
(x) Printing shops.
(y) Automobile parking garages, not over six (6) stories in height.
(z) Office parks.
(~) Indoor commercial recreation uses limited to martial arts, dance and exercise
studios. There shall be a maximum of twenty-five htmdred (2,500) square feet of
total floor area per establishment and no more than one per business center.
(bb) Automatic car washes are permitted as an accessory use subject to conditions
(cc) Hand car washes are permitted as an accessory use subject to conditions
(dd) Hotels, motels, resorts and time share units, subject to the conditions.
(ee) Accessory uses and structures.
Condition~ Use. The following uses il'first approved as a Conditional Use: · Regional Malls.
· Boats carrying passengers on excursion, sightseeing, pleasure or fishing trips.
· Automobile washing.
· Self storage facility.
· Heliport landing sites
· Auction sales.
· Indoor commercial recreation uses including, but not limited to: theater, bowling
center, miniature golf, skating fink, health clubs and physical fitness facilities.
· Service stations, subject to conditions
· Uses that exceed the height limitations.
Uses Prohibited. The permitted uses enumerated in this district shall not he construed to include, either
as a principal or accessory use, any of the following:
(a) Any use not specifically permitted.
(b) Adult entertainment establishments as defined in the Land Development
Regulations.
Sale of goods to other than the ultimate consumer.
Off premises catering.
(c)
(d)
(e)
(f)
Sales, display or storage of used merchandise other than antiques.
Purchase of used goods.
11
Summary of Proposed Land Development Regulations City of Aventura
(g)
Sale of fruit or merchandise from tracks, wagons or other vehicles parked on or
along public or private streets or from open stands or vacant lots. Such business on
private or public property shall be conducted only from within approved
permanent substantial buildings.
Heavy Business 033) 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
co.u,ercial concentrations are eXlX~ted 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.
Uses Permitted. No building or structure, or part thereot~ 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 use permitted in a B 1 or B2 District subject to the requirements of that district as
modified herein.
(b) Sales and installation of automobile tires, batteries and window tinting.
(c) Commercial transportation business including taxi dispatch, bus and tram depot.
(d) Motor vehicle repair and service garage.
(e) Automobile car washing.
(0 Telephone exchange and telemarketing.
(g) Offpremises catering.
(h) Appliance, furniture and small equipment rental agencies.
(i) Contractor shops subject to the following limitations; The activity shall be limited
to twenty-five hundred (2,500) square feet. Loading zones and parking areas for
employees shall be adequately screened from public view from thoroughfares and
adjacent residential districts.
(j) Professional and research and development offices.
(k) Accessory uses and structures.
Conditional Use. The following uses if first approved as a Conditional Use: · Buildings or structures exceeding the height limitations set forth in this section, up
to a maximum height of 100 feet.
· Heliports, helistops and off-heliport landing sites
· Sale or rental of automobiles, tracks, trailers, motorhomes and boats.
· Storage and distribution facilities.
Additional Uses Permitted. Adult entertainment subject to conditions.
Uses Prohibited. The permitted uses enumerated in this district shall not be construed to include, either
as a principal or accessory use, any of the following which are listed for emphasis:
12
Summary of Proposed Land Development Regulations City of Aventura
(a)
(b)
Any use first permitted in industrial districts.
Open air sale or display of machinery or construction equipment.
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 compat~le use of space and perimeter
buffer areas.. 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. This zoning
district may be applied to land designated Business and Office and Industrial and Office on the City's
Land U~z Plan Map.
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) Business/professional offices.
Co) Laboratories for scientific and industrial research and development, including the use of
scientific laboratory equipment md dew,cs
(c) Dental & medical offices
(d) Banks, savings & bans (no drive-in tellers).
(e) Restaurants accessory to primary uses.(no drive-in facilities)
(f) Uses generally accessory to the above principal uses. Accessory uses are those uses
that are associated with the principal use(s) and which provide service primarily to
employees and patrons of the office park. The accumulative total of all accessory uses
shall be limited to a maximum of fifteen (15) percent of the total gross interior square
footage of the buildings proposed for the site. Such uses shall have no outside
advertising. Areas devoted to structure parking shall not be included in the above
calculations.
(g) All uses permitted in CF district.
(h) Hotels
Conditional Use. The following uses if first approved as a Conditional Use:
Business-Related Schools.
· Pharmacies limited to drugs and medical supplies.
· Uses that exee, ed the height limitations.
· Marine industry uses.
Drive tm bank facilty.
Uses Prohibited. Except as specifically permitted in this section, the following uses are expressly
prohibited as either principal or accessory uses:
(a) Residemial uses.
Co) Adult enterminmem.
(c) Retail and non-marine industrial uses.
Medical Office (MO) District.
This district is intended to provide for medical offices and other uses supporting the medical
professional associated with the hospital. The uses within this district shall be consistem with, but may
13
Summary of Proposed Land Development Regulations City of Aventura
be more restrictive than, the corresponding Business and Office category permitted uses. This zoning
district may be applied to land designated Business and Office on the City's Land Use Plan Map.
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:
(0
(g)
(h)
(i)
(J)
(k)
(1)
(in)
Business/pro fessio~ offices.
Hospitals
Nursing Homes
Medical laboratories.
Laboratories for medical research and development, including the use of medical
laboratory equipment and devices
Dental & medical offices
Banks, savings & loans (no drive-in tellers).
Restaurants accessory to primary uses.(no drive-in facilities)
Pharmacies limited to drugs and medical supphcs.
Hotels, motels, resorts and time share units, subject to conditions.
All uses permitted in CF district.
Uses generally accessory to the above principal uses. Accessory uses are those uses
that are associated with the principal use(s) and which provide service primarily to
employees and patrons of the office park. The accumulative total of all accessory uses
shall be limited to a maximum of fifteen (15) percent of the total gross interior square
footage of the buildings proposed for the site. Such uses shall have no outside
advertising. Areas devoted to structure parking shall not be included in the above
calculations.
ALF
Conditional Use. The following uses if first approved as a Conditional Use:
. Business-Related Schools.
Multi-family residential uses.
· Uses that exceed the height limitations.
· Retail uses with a minimum lot area oftwo (2) gross acres.
e Drive thru facility.
Uses Prohibited. Except as specifically permitted in this section, the following uses are expressly
prohibited as either principal or accessory uses: (a) Adult entertainment.
(b) Retail uses on a lot less than two (2) gross acres.
(c) Industrial uses.
Town Center District
The purpose and intent of this district is to provide suitable sites for the development of structures
combining residential and commercial uses in a well planned and compatible manner.. The uses within
this district shall be consistent with, but may be more restrictive than, the corresponding Town Center
14
Summary of Proposed Land Development Regulations City of Aventura
Land Use category permitted uses. Residential densities shall not exceed 25 units per gross acre and
nonresidential densities shall not excemd a floor area ratio of 2.0.
Uses Permitted. No building or structure, or part thereof~ shall be erected, altered or use& 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) Mixed-use structures. For the purposes of this subsection, mixed-use buildings or
structures are those combining residential dwelling units conforming generally with the
intent of the RMF3 Multi-Family Medium Density Residential district with office
and/or retail commercial uses allowed in the B1 Neighborhood Business District,
where the ratio of total square feet dedicated to residential and non-residential uses is
between 3:1 and 1:3.
(b) All uses permitted in the CF Community Facilities district.
Accessory Uses Permitted. Permitted incidental and accessory uses shall include:
(a) Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density
Residential District, except for uses which, by their nature, would inhibit the
establishment of permitted commercial activities or restrict the acceptable mixing
of residemial and non-residential uses.
(b) All uses permitted as accessory uses in the CF Community Facilities district.
(c) Outdoor dining as an accessory use to a permitted restaurant or retail use.
Conditional Uses Permitted. The following uses if first approved as a Conditional Use:
Those uses permitted in the RMF3 district.
· Those uses permitted in the B1 district.
· Sale of alcoholic beverages for on-premises consumption except with meals.
· Uses that exceed the height limitations.
Uses Prohibited. Except as specifically permitted in this division, the following uses are expressly
prohibited as either principal or accessory uses:
(a)
(b)
(c)
(d)
(e)
(f)
Any use not specifically permitted.
Adult entertainment establishments.
Sale of goods to other than the ultimate consumer.
Sales, purchase, display or storage of used merchandise other than antiques.
Sale of fruit or merchandise t?om tracks, wagons or other vehicles parked on or
along public or private streets or from open stands or vacant lots. Such business on
private or public property shall be conducted only from within approved
permanem substantial buildings.
Any drive through service facility.
Light Industrial District OVll ).
This district is intended for the development of nonpolluting light industry and provide a suitable area
for uses related to the design, construction, repair, or sales of marine vessels, businesses serving the
needs of clients, customers or visitors to such facilities; and facilities to promote and increase the
understanding of marine architecture, design, research and construction.
15
Summary of Proposed Land Development Regulations City of Aventura
Uses Permitted. No building or stmcture, or part thereofi 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) Fabrication and construction of ships and boats.
(b) Repair and modification of ships and boats.
(c) Manufacturing and repair of equipment used in boats, ships and other marine
applications, including cabinets and other interior woodwork; electronic equipment and
navigational equipment and tools.
(d) Marine architects and designers.
(e) Retail sales of boats and ships, marine equipment and accessories, including fishing
equipment and tackle, but not including the storage or sales of live bait.
(0 Marine warehouses.
(g) Retail uses which serve the district.
(h) Marine showrooms.
(i) Self service storage facility.
(j) Warehousing including crating, packing and shipping.
(k) Manufacturing research and development business limited to buildings of twenty-five
thousand (25,000) square feet or less in area per lot.
(1) Office uses which serve or represem any primary industrial use in the district.
(m) All uses permitted in CF district.
Conditional Use. The following uses if'fast approved as a Conditional Use: · Stores for the sale or rent of new or used merchandise, conducted solely within a
building, whether or not to the ultimate consumer.
· Office buildings.
· The sale, rental, service and storage of motor vehicles.
· Restaurants and pubs.
· Health club or spa and physical fitness facilities.
· All uses permitted in OP district.
· All uses permitted in U district.
· All uses permitted in ROS district.
· All uses permitted in CF district.
Daycare centers.
· Museums
· Schools and educational facilities
· lVlarinas
Accessory Uses Permitted. Permitted incidental and accessory uses shall include:
(1) Fabricators and constructors of ships and boats may operate the following facilities when
located on, or adjacent to, their primary facility. These uses shall open for business no
earlier than one hour before and close no later than one hour after the normal business
hours of the primary facility.
(a) Facilities to accommodate plant tours.
(b) Book, map and gift shops.
Summary of Proposed Land Development Regulations
City of Aventura
(c)
(d)
(e)
Restaurants that do not sell beer, wine and spirits.
Museums and instructional centers.
Facilities to manufacture, sell and distribute souvenir clothing and fashion accessories.
(2) Fabricators and constructors of ships and boats may operate underground tanks for the
storage and dispensing of gasoline, diesel fuel and turbine kerosene, subject to existing
Federal, State or County fire and environmental standards.
(3)
Manufacturing and fabrication facilities are allowed one dwelling unit per site for the
exclusive residential use of a security guard or plant manager, provided that the floor
area of the dwelling unit does not exceed ten (10) percent of the total floor area of the
Uses Prohi'bited. Except as specifically permitted in this division, the following uses are expressly
prohibited as either principal or accessory uses:
(a) Foundry.
(b) Drop forging.
(c) Any Processing of animal products or disposal or incineration of dead animals.
(d) Salvage yards, automobile crashing operations, storage of automobiles or trucks for
parts sales.
(e) Recycling or processing of construction and demolition debris, materials recycling
facilities.
(f) Paint or varnish manufacture.
(g) Oil compounding or barreling.
(h) Die casting.
(i) Meat processing, slaughtering.
(j) Fish smoking, curing and canning.
(k) port
(1) Bus storage or repair facilities.
(m) Manufacture of asphalt, brick, tile, glues, cement, lime plaster, concrete or products
thereo£ acids, carbon, plastics, disinfectants, poison, insecticides and batteries.
(n) Open ak storage in bulk of asphalt, brick, building materials, butane, cement, clay
products, concrete products, contractors equipment, fuel, gravel, hay, grease, lime,
plaster, pipe, lumber, machinery, roofing, sand, stone, tar or creosoted products, timber
or wood.
(o) Institution for the housing of sick, indigent, aged or minor persons.
(p) Hotels and motels
(cO Manufacturing and/or storage of explosives.
(r) Bars and cocktail lounges.
(s) Mortuaries.
(t) Any use not specifically permitted.
(u) Open ak display, sale or storage of merchandise, materials or equipment, or any service
or process performed outdoors unless enclosed by a masonry wall not less than six (6)
feet in height.
(v) Pulp or paper mills.
17
Summary of Proposed Land Development Regulations City of Aventura
FFILIATE OF [TALUATION ~VTERNATIONAL ]~MITED
MICHAEL Y. CANNON. MAI. SRA, CRE
Michael Y. Cannon is president of a group of affiliated firms under the acronym "AREEA".
These affiliated firms are:
Appraisal and Real Estate Economics Associates, Inc., a Miami based
real estate consulting, market research and appraisal / valuation services
firm;
AREEA Assessment Consultants, Inc., a consulting firm specializing in all
areas of Ad Valorem property taxation and property tax adjustment appeals
for real property as well as personal property;
AREEA !nvestment Advisor~ & Management Services, Inc., which serves
as investment advisor to a foreign entity with commercial real estate assets
located throughout the United States. This firm also performs property
management and leasing services of commercial real estate assets
including office buildings, shopping centers, and land.
His firm publishes THE AREEA REPORT FOR SOUTH FLORIDA (10 issues/year), a
publication which tracks real property activity in Miami-Dade, Broward, and Palm Beach Counties
through his association with Charles E. Kimball, Ill, who is the Economic Advisor to AREEA.
Mr. Cannon holds the professional designations of:
- MAI (Member of the Appraisal Institute);
- SPA (Senior Residential Appraiser);
- ASA (Accredited Senior Appraiser, American Society of Appraisers);
- CRE (American Society of Real Estate Counselors of the National
Association of Real Estate Boards);
- SMC (Senior Mortgage Consultant);
and has been qualified as an expert in all facets of real estate and finance in various courts. He
also serves as an arbitrator as a member of the Amedcan Arbitration Association.
Mr. Cannon currently authors a weekly real estate column featured in the Miami Herald
Business Monday Section. Articles and reports have been published in local, state, and national
media; and he has been quoted extensively in local and nationwide newspapers and magazines.
Mr. Cannon has been practicing real estate analysis, valuation, consulting and finar'
the past (38) thirty eight years.
9400 S. DADELAND BLVD. PENTHOUSE ] MIAi~I, FL 33156-2817
TELEPHONE: 305-670-0001 ~ FAX: 305-670-2276 ~ E-MAIL: ARE£A~ATT. NET
FOURTH AMENDMENT TO LEASE
This is a Fourth Amendment to the Lease (the "Lease") by and between MADE
CORPORATION, as Lessor, and MMI PRODUCTS, INC., as Lessee, for the premises located
at 3001 N.E. 185 Street, North Miami Beach, Florida, as assigned to AVENTURA BAY
VILLAS CORPORATION, pursuant to that certain Assignment of Lessor's Interest in Lease
dated March 10, 1997.
Effective January 1, 1999, the Lease is hereby amended as follows:
1. The term of the Lease is hereby extended to June 30, 1999. However, unless
either Lessor or Lessee not later than sixty (60) days prior to June 30, 1999, provides to the
other written notice of termination effective as of June 30, 1999, then this Lease shall
automatically be extended to a month-to-month lease, on the same terms and conditions as during
the initial term, as amended, canceiable thereafter only by either Lessor or Lessee giving written
notice to the other not later than sixty (60) days prior to the requested termination date.
2. The rental as provided for in Paragraph 3.1 of the Lease shall be $16,000.00 per
month plus sales tax (6.5%) in the sum of $1,040.00. Furthermore, Lessee shall pay to Lessor
monthly, in advance, on the date that the monthly rental is due, one-twelfth (I/12th) of the
yearly ad valorem taxes which accrue against the Leased Premises during the term of this Lease
as may be estimated in advance by Lessor. As of the date of this Fourth Amendment to Lease,
the estimated monthly amount for ad valorem taxes is $3,000.00. Following the end of each
calendar year, Lessor shall advise Lessee the ac.naal ad valorem taxes payable for the prior
calendar year as computed based upon the actual cost thereof to the Lessor. If there shall have.
been an underpayment by the Lessee based on Lessor's estimates, Lessee shall pay the difference
within ten (10) days of request therefore from Lessor. If there shall have been an overpayment
by Lessee, Lessee shall be given a credit towards the next payment due of Lessee's monthly ad
valorem taxes for the current year.
Capitalized terms used herein and not defined or amended herein shall have the meaning
ascribed to them in the Lease, the Amendment to Lease, the Second Amendment to Lease and
the Third Amendment to Lease. If there are any conflicts between the Lease, the Amendment
to Lease, the Second Amendment to Lease, the Third Amendment to Lease and this Fourth
Amendment to Lease, this Fourth Amendment to Lease shall control.
,/
IN WITNESS WHEREOF, Lessor and Lessee have caused this Fourth Amendment to
be executed on the dates set forth below.
LANDLORD:
DAVID B.C~M~RTINS
DATE:
[ c~l~, 1998
1 of 2
TENANT:
MMI PRODUCTS, INC.
NAME:
TITLE: ~'~:~I-
DATE: ~)~z.. lq , 1998
KRISTIN E\MAR'flNS\VACANT~AM ENDMEN 4
2 of 2
CHARACTF~R ~T! ~r~v
LEVEL PARKING
TOt^
EMERGENCYI I
ACCESS I I
DEN:
432 1
Al
·
ZVSCOVICH
III
Cacciamani Developers
Aventura project
Ask for RU4A
Medium High Density Residential
Site area
186831.19 4.289054
BERNARD ZYSCOVICH
JOSE MURGUIDO
E MICHAEL STEFFEN S
GARY KUHL
FAR 2.0
max building SF 373662
Max Units per acre
Max units on this site
5O
214
Scenario 1 based on max density
at maximum gross avg sf 1,742
Net per unit assume 80% efficciency 1,394
Scenario 2 based on maximum density
at maximum gross avg sf 1200
Net per unit assume 80% efficciency 1000
Gross SF of project 257,343
Parking requirement
Assume 1.85 avg per unit
397
Presume over 9 stories
Gross SF Avg
Avg Unit size
Gross SF Avg
Avg Unit size
100 N BISCAYNE BLVD.
SUITE 1400
MIAMI, FLORIDA ~31)2
V305 372 5222
F 305 577 4521
4600 SHERIDAN ST
SUITE 200
HOLLYWOOD, FLOI~.IDA 33021
V 954 981 0280
F 954 987 3507
AAC 001431
in fo@z,,-scovich.com
~055, , 45~ ! ~YSCOU [ CH 09~ ~O
·
ZVSCOVICH
Cacciamani Developers
Aventura Project
Proposed Development Summary:
1 Parking Garage (approx. 430 cars) 53,200 sf x 3 levels =159,600 s.f.
2 Apartment Tower (214 units) 27,700 $.f. x 10 levels =270,710 s.f.'/
3 Lobby, Public, BOH (5% of tower) 13,B50 s.L x 1 level = 13,850 si
4 Boathouse 1,000 s.f x 1 level = 1,000
5 Guardhouse 250 s.f x 1 level 250 s,f.
6 Landscaping (including drives 115,000 s,f. x 1 =130,000
and sidewalks, etc)
7 Poo{(on parking deck) 15,000 s.f. x 1 = 15,000 s.f,
8 Tennis Courts 7,500 s.f. x 2 = 15,000
g Decorative Fencing (6' high) 480 I.i'. 480 I.f.
10 Aluminum Fencing (6' high) 700 I.f. = 7001 f.
'A
Tower Breakdown:
Apadment Unils (average) 1,000 s.f, x 214
Terraces (mveraoe', 100 s.f. ;'; 21<*
Sub Tolal
=214,000 s.f
= 21,400 s.f.
=235,400 sr.
Circulation 15 % x 235,400 = 35.310
TOTAL
I
PROFORMA FOR_ A 214 UNIT RENTAL BUILDING AT AVENTURA~ FL.
LAND COST
Land Cost $ 3,000,000.00
Closing Cost (~ 1.5% $ 45,000.00
Total $ 3,045,000.00
CONSTRUCTION SEA WALL AND DOCKS
Sea Wall and Marina $ 350,000.00
Total $ 350,000.00
CONSTRUCTION OF BUILDING
Construction of building & Parking $ 13,910,000.00
Total $ 13,910,000.00
SOFT CO~TS
Architecture and Er~lineedn~ $ 595,000.00
Landscape Architecture $ 25,000.00
Permittin~ and Zonin~l $ 130,000.00
Le(~lal $ 75,000.00
Impact Fees $ 1,391,000.00
Administration for 2 years $ 550,000.00
Advertisir~ $ 150,000.00
Property taxes for 2 years $ 70,000.00
Total $ 2,986,000.00
FINANCING COST
Finance interest on $16,232,800.00 (~ 10% $ 1,266,158.40
Finance dosing cost @ 2% $ 324,656.00
Total $ 1,590,814.40
TOTAL PROJECT COST
Land Cost $ 3,045,000.00
Sea Wall and Madna $ 350,000.00
Buildincj Construction Cost $ 13,910,000.00
Soft Cost $ 2,986,000.00
Financing Cost $ 1,590,814.40
Total $ 21,881,814.40
EQUITY REQUIRED
Total project cost $ 21,881,814.40
Project financing $ (16,232,800.00)
Total E(luit7 $ 5,649,014.40
RENTAL PROFOR.MA FOR PROJECT BASED ON STABILIZED INCOME
,~1~ GROSS RENT
2~14,000 SFT @ $1.50 sft & 95% occupancy $ 3,659,400.00
Total $ 3,659,400.00
~ EXPENSES
40% of gross rent $ 1,463,760.00
Tota $ 1,463,760.00
~ NET OPERATING INCOME
Gross Rent $ 3,659,400.00
Expenses $ (1,463,760.00)
Net Income $ 2,195,640.00
EQUITY REQUIRED
Cost of Project $ 21,881,814.40
Loan amount on a 30 year mortgage at 80% value $ (17,505,451.52)
Total Ecluit¥ $ 4,376,362.88
YEARLY REVENUES
30 Year mort~ac~e ~ 8% on $17,505,451.52 $ (1,541,385.00
Madna rental 32 boat slips (~ 350 per month $ 134,400.00
Operating Income $ 2,195,640.00
Total Revenues $ 788,655.00
% of Profit 18%
I
PROFORMA FOR CONVERSION TO CONDOMINIUM AFTER 3 TO 4 YEARS
SALES
Sale 214,000 SFT ~ $150.00 $ 32,100,000.00
Sale of 32 boat slips ~ $35,000.00 $ 1,120,000.00
Total $ 33,220,000.00
CONVERSION COST
Sales cost (~ 5% $ 1,661,000.00
Remodeling Cost ~ $ 3,000.00 per Unit $ 642,000.00
Advertising ~ 1% of sales $ 332,200.00
Total $ 2,635,200.00
REVENUES
Total sales $ 33,220,000.00
Total costs $ (24,517,014,40)
Total Profit $ 8,702,985,60
% of profit 26%
N
GROUND FLOOR PLAN
City of Aventura City Commission Meeting Date
Agenda Item No.
Date of Verbal Communication: ~"- 'Z- ~'~'
Identity of Person or Entity Mak, ing Communication:
ISubject and 'Sqbsta~;e °f C°mmunicati°n:~,~,"~.-~ ,,) ~"~,/~ ¢~/~,~: ~..-~'_. A'~',¢~" >~ ~ ~/~,-~/.~ "~~,
Filed this
Respectfully,
Commissioner or Board Member
receiving communication:
S~na~tu[e /- <:~
day of ,j'/~ ~
,, ,1999,~
-[eresa M. SoTek, a, CMC, City Clerk
NOTICE OF HEARING OF
LOCAL PIANN1NG AGENCY
AND
NOTICE OF ADOPTION
OF LAND DEVELOPMENT
REGUIATIONS AND
ZONING MAP
The City of Aventura Local Planning Agency will meet in a public
hearing on Sune 15, 1999 at 6 p.m. to consider adoption of the following
Resolutions:
A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING
AGENCY RECOMMENDING ADOPTION OF THE CITY OF
AVENTURA LAND DEVELOPMENT REGULATIONS, AITACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING
AGENCY RECOMMENDING ADOPTION OF THE CITY OF
AVENTURA ZONING MAP, ATTACHED HERETO AS EXHIBIT
"A", AS REQUIRED BY THE PROPOSED LAND DEVELOPMENT
REGULATIONS; PROVIDING FOR EFFECTIVE DATE.
The public hearing will be held at the Biscayne Medical Arts Building,
located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida. The
proposed Resolutions may be inspected by the public at the Office of the
City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura, Florida. Interested
patties may appear at the Public Hearing and be heard with respect to the
proposed Resolutions. Any person wishing to address the Local Planning
Agency on any item at this Public Heating is asked to register with the City
Clerk prior to that item being heard.
Immediately following the Local Planning Agency meeting, the City
Commission of the City of Aventura will consider at a public hearing
adoption of the following Ordinances on first reading providing for the
adoption of the Land Development Regulations and Zoning Map:
AN ORDINANCE OF THE CITY OF AVENTURA, FLOI~DA,
ADOPTING THE LAND DEVELOPMENT REGULATIONS
FOR THE CITY OF AVENTURA; RESCINDING ALL
ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTUI}.A, FLORIDA,
ADOPTING THE ZONING MAP AS REQUIRED BY THE
LAND DEVELOPMENT REGULATIONS; PROVIDING FOR
RE.ZONING OF ALL PROPERTY IN THE CITY OF
AVENTURA IN CONFORMANCE WITH THE ZONING
DESIGNATIONS CONTAINED ON THE ZONING MAP;
PROVIDING FOR INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
The public hearing for first reading of the Ordinances will be held a~ the
Biscayne Medical Pals Bdilding~ located at 21110 Biscayne Boulevard, Suite
101, Aventura. Florida. The proposed Ordinances may he inspected by the
~ublic at the Office of the City Clerk. 2999 N.E. 191st Street. Suite 500.
Aventura, Florida. Interested parlies may appear at rbe Public Hearing and be
heard with respect to the proposed Ordinances. Any person wishing to
address the City Commission on any i~em at this Public Heahng is asked to
register with the City Clerk pi/or to that item being heard,
In accordance with the Americans with Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in these
proceedings because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the Local Planning
Agency or City Commission with respect to any matter considered at a
meeting or hearing, that person will need a record of the proceedings and, for
such purpose, may need Io ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the
appeal is to be based,
Daled this I st day of June, 1999~ TERESA M. SOROKA, CMC
CITY CLERK