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06-15-1999 LPA Agenda- .cai Plannim ---en . COMMiSSiONER /C~N COHEN ~ HARRY HOLZ~ER~ M. P~ZOW Crrv M~N^G~ Emc M. SOgOKn 2999 NE 191~ b~reet Suite 500 Av~atura~ FL 33180 LocaI PI, Ttnalng' Agen Cg Arthur I. Snyder, Mayor Arthur Berger Jay R. Besldn Ken Cohen Harry Holzbe~g Jeffrey M. Perlow Patrieia Roge~=Libert Cite Maa~cr Eric M. Soxoka City Clerk Teresa M. Soroka, CMC Cit_g Attora~v Weiss Scrota Helfman Pastoriza & Guedes LOCAL PLANNING AGENCY AGENDA JUNE 15, 1!999 - 6 PM Biscayne Medical A~ Buildillg 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 1. CALL TO ORDER~ROLL CALL 2. PLEDGE OF ALLEGIANCE I RESOLUTIONS: Ao A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE CITY OF AVENTURA LAND DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR 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 AN EFFECTIVE DATE. 4. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all p~sons who are disabled and who need special accommodations to participate in Ibis mectfi~g because of that disability should c~ntact the Office of the City Clerk, 305-466-8901, not lat~ than two days prior to such proceedh~g. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency with respect to any matter 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~t Street, Suite 500, Aventm~a, Florida, 33180. Anyone wishing to obtain a copy ofeny agenda item shmfld contact the City Clerk at 305-466- 8901. RESOLUTION NO. 99-_ LPA A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE CITY OF AVENTURA LAND DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR EFFECTIVE DATE. WHEREAS, at a public hearing held on June 15, 1999, the Local Planning Agency of the City of Aventura has considered and reviewed the proposed Land Development Regulations; and WHEREAS, the Local Planning Agency recommends adoption of the Land Development Regulations, as attached hereto as Exhibit "A", NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE LOCAL PLANNING AGENCY OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations, attached hereto as Exhibit "A", be recommended to the City Commission for adoption. Section 2. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. 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 Patricia Rogers-Libert Mayor Arthur I. Snyder Resolution No. 99- LPA Page 2 PASSED AND ADOPTED this 15th day of June, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 2 RESOLUTION NO. 99-._ LPA 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. WHEREAS, at a public hearing held on June 15, 1999, the Local Planning Agency of the City of Aventura has considered and reviewed the proposed Zoning Map as required by the Land Development Regulations; and WHEREAS, the Local Planning Agency recommends adoption of the Zoning Map, as attached hereto as Exhibit "A", NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE LOCAL PLANNING AGENCY OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City of Aventura Zoning Map, attached hereto as Exhibit "A", be recommended to the City Commission for adoption. Section 2. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. 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 Patricia Rogers-Libert Mayor Arthur I. Snyder Resolution No. 99- LPA Page 2 PASSED AND ADOPTED this 15th day of June, 1999. ARTHURI. SNYDER, MAYOR AFt-EST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITYATTORNEY 2 AVENTURA ZONING MAP RESIDENTIAL SINGLE FAMILY ~ISTRICT RESIDENTIAL SINGLE FAMILY DISTRICT MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL MULTI-FAMILY HIGH ~ENSITY RESIDENTIAL NEIGHBORHOOD DUSINESS DISTRICT COMMUNITY BUSINESS DISTRICT HEAVY BUSINESS DISTRICT TOWN CENTER DISTRICT OFFICE PARK ~ISTRICT MEDICAL OFFICE DISTRICT LIGHT INDUSTRIAL DISTRICT COMMUNITY FAOILITIES DISTRICT RECREATION OPEN SPACE CONSERVATION DISTRICT UTILITIES DISTRICT 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 h°lzberg 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 Florida under the Local Government Comprehensive Planning Assistance Program, authorized by Chapter 87-98, Law of Flodda and administered by the Department of Community Affairs. Office of the City Manager Development Regulations City ofAventum Land Development Regulations TABLE OF CONTENTS CHAPTER 1. PURPOSE AND APPLICABILITY Section 101 Section 102 Title .................................................................................................................. 1-1 Authority and Purpose ........................................................................................ 1-1 Section 103 103.1 103.2 Applicability, Vested Rights ............................................................................... 1-1 General Applicabilib/ .............................................................................................. 1-1 Except ons- Vested R ghts ..................................................................................... 1-1 Section 104 104.1 104.2 Official Zoning Map ............................................................................................. 1-4 Amendments to the Zoning Map ........................................................................... 1-4 Recording Amendments to the Zoning Map .......................................................... 1-4 ;HAPTER 2. DEFINITIONS AND RULES OF CONSTRUCTION 3ecfion 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 T me ........................................................................................... 2-20 Administrative Delegation of Authority ................................................................ 2-20 Gender ................................................................................................................ 2-20 Non-Technical and Technical Words .................................................................. 2-20 Number ................................................................................................................ 2-20 Shell, May ............................................................................................................ 2-20 Tense ................................................................................................................ 2-20 Wdtten or In Writing ............................................................................................ 2-20 Year ............................................................. 2-20 Day ................................................................................................................ 2-20 Boundaries ........................................................................................................... 2-20 CHAPTER 3. DECISION-MAKING AND ADMINISTRATIVE BODIES Section 30t 301.1 Section 302 302.1 City Commission ................................................................................................ 3-1 Powers and Duties ................................................................................................. 3-1 Development Review Process ........................................................................... 3.2 Creation and Purpose ............................................................................................ 3-2 CHAPTER 4. COMPREHENSIVE PLAN Section 401 Purpose .................................................................................................... 4-1 Section 402 Legal Status of fl~e Plan ...................................................................................... 4-1 Section 403 Amendments ........................................................................................................ 4-1 403.1 Who May File ........................................................................................................ 4-1 l~snd Development Regu|ations City of Aventura, Florids 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 Not ce of Public Headngs ...................................................................................... 4-2 Amendment Procedure ......................................................................................... 4-2 Local Planning Agency Public Headng ................................................................. 4-2 City Commission Pubiic Headng ........................................................................... 4-2 Transmittal of Proposed Amendment .................................................................... 4-2 Adoption of Proposed Amendment ....................................................................... 4-2 Approval of Amendment: ...................................................................................... 4-2 CHAPTER 5. DEVELOPMENT REVlL=W 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 VVho May File ........................................................................................................ 5-1 Application Requirements ...................................................................................... 5-1 Preapplication Conference .................................................................................... 5-1 Filing of Application ............................................................................................... 5-1 Public Hearing 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 Pem~itted Uses ................................................................................................... 5-5 Purpose ................................................................................................................. 5-5 Permits Required ................................................................................................... 5,-5 Section 5O3 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 .................................................................................. ,58 Amendments and ,Nterations to ,~oroved Conditional Uses ............................... 5-8 Section 504 504.1 New Uses ............................................................................................................ 5..10 New Uses ............................................................................................................. 5-10 Section 5O5 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 Cnteda and Limitations for Temporary Use Permits ............................. 5-12 Section 5O6 506.1 506.2 506.3 506.4 Variances ............................................................................................................ 5-13 Purpose and Scope ............................................................................................. 5-13 Application Requirements .................................................................................... 5-13 Staff Review ........................................................................................................ 5-13 Review by City Commission ................................................................................ 5-13 I:and ])evelopment Regulations 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 809 509.1 509.2 509.3 509.4 509.5 509.6 509.7 509.8 509.9 509.10 509.11 509.12 509.13 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 Variances ..................................................................................... 5-15 Amendments to the Land Development Regulations and Official Zoning Map ................................................................................................................ 5-16 Puq3ose .................................................................................... 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 Administrative 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 F ng ............................................................................................ 5-39 Review ....................................................... 5-40 Approval .............................................................................................................. 5-40 Approved Plans ................................................. 5-40 Site Plan Revisions .............................................................................................. 5-40 Engineenng Plans ................................................................................................ 5-41 Myler Copy of Approved Site Plans Required ..................................................... 5-41 Conformance with Approved Site Pans ............................................................. 5-41 Engineering Permits ......................................................................................... 5-42 Purpose ............................................................................................................... 5-42 Engineering Construction Permit ......................................................................... 5-42 Engineering Excavation Permit ........................................................................... 5-42 Annual Permit for Mining, Quanying or Excavation with Blasting ..................................................................................... 5-42 Engineering Right-of-Way Crossing Permit ........................................................ 5-42 Revocation of Engineering Permits ..................................................................... 5-42 L~nd Development Rcgulations City of Aventura, Flori~ Section 511 511.1 511.2 511.3 511.4 Review of Building Permits .............................................................................. 5-44 Purpose and Applicability .................................................................................... 5-44 Application Requirements .................................................................................... 5-44 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 .............................................................................................. 5-45 Standards and Review ........................................................................................ 545 Action by Building Division .................................................................................. 545 Contents of Certificate ......................................................................................... 5-45 Posted Notice of Issuance ................................................................................... 5-45 Section 5t3 513.1 513.2 513.3 513.4 Appeals ............................................................................................................... 5-46 Purpose and Applicability .................................................................................... 5-46 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 Section 601 Purpose ............................................................................................................... 6-1 Section 602 Standards for Designation of Archaeological and Historical ............................. Landmarks ........................................................................................................... 6-1 Section 603 603.1 603.2 603.3 603.4 Procedures for Designation ............................................................................... 6-1 Propossts ............................................................................................................... 6-1 Designation Report ................................................................................................ 6-1 Corlsideratiorl by CJty Commission ....................................................................... 6-2 Appeals .................................................................................................................. 6-2 Section 604 Effect of Designation ......................................................................................... 6-2 Sec'don 605 605.1 605.2 605.3 605.4 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 Section 607 607.1 607.2 607.3 Administration, Enfomement, Violations and Penalties ................................. 6-3 Enforcement .......................................................................................................... ~-3 Violations and Penalties ........................................................................................ 6A 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 701.4 701.5 701.6 701.7 702 702.1 703 703.1 703.2 703.3 703.4 703.5 704 704.1 704.2 704.3 704.4 704.5 704.6 705 705.1 705.2 705 706.1 706.2 7O7 707.1 705 708.1 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) ........................................... 7-6 Multi - Family Medium E'~ nsity Residential C~stricts (RMF3) ................................ 7-7 Multi - Family High Densi~ Residential Districts (RMF4) ...................................... 7-9 Business Zoning Districts ................................................................................ 7-1t Purpose ............................................................................................................... 7-11 Neighborhood Business (B1) District ................................................................... 7-11 Community Business (B2) District ....................................................................... 7-13 Heavy Business (B3) Distdct ............................................................................... 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 District .................................................................................. 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 (RCS) .............................................. 7-39 Purpose ............................................................................................................... 7-39 Utilities Zoning District (U) ............................................................................... 7-40 Purpose ............................................................................................................... 7-40 Specific Use Regulations ................................................................................. 7-4"1 Auto/Truck/RV/Boat Sales and Rentals ............................................................... 7-41 Bottle Club ........................................................................................................... 7-41 Child or Adult Care Canters ................................................................................. 7-41 Drive-thru Windows ............................................................................................. 7-42 Group Homes ...................................................................................................... 7-42 Multi-Family Residential ...................................................................................... 7-42 Outdoor Sales ...................................................................................................... 7-42 Outdoor Stor'age .................................................................................................. 7-42 Rehabilitation Canters ......................................................................................... 7-42 Utility Substations ................................................................................................ 7-42 Warehouse - Self Storage ................................................................................... 7-42 Wetland Mitigation Banks .................................................................................... 7-42 Land Development Regulations City of Aventura, Florid~ CHAPTER 8. OFF-STREET PARKING. LOADING AND DRIVEWAY STANDARD~ Section 801 801.1 801~2 801.3 801.4 801.5 Off-Street Parking and Loading Standards ..................................................... 8-1 General .................................................................................................................. 8-1 Amount of Off Street Parking ................................................................................ 8-6 Use of Permitted Facilities ................................................................................... 8-15 Off Street Loading ............................................................................................... 8-16 Ddve - Through Service 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 Streets ....................................................................................... ~-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 901 901.1 901.2 901.3 901.4 901.5 901.6 901.7 901.8 901.9 901.10 901.11 901.12 901.13 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 ................................................................................ 9-8 Nonresidential District Signs .................................................................................. 9-9 Temporary Signs ................................................................................................. 9-14 Supplemental Regulations ................................................................................... 9-17 Permit Requirements ........................................................................................... 9-19 Non-conforming Signs ......................................................................................... 9-21 Sign Maintenance ................................................................................................ 9-23 Removal of Improper Signs ................................................................................. 9-23 Section 902 Temporary 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 ............................................................................. 19-1 Intent and Purpose .............................................................................................. 10-1 Applicability .......................................................................................................... 10-1 Administrative Waiver ......................................................................................... 10-1 Definitions ............................................................................................................ 19-1 Landscape Plan Required ................................................................................... 10-4 Minimum Landscape Requirements .................................................................... 10-4 Maintenance ........................................................................................................ 10-7 Tree Removal Permit .......................................................................................... 10-8 Minimum Design Standards ................................................................................ 10-9 CHAPTER 1t. DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY Section 1101 Development Standards ................................................................................... 11-1 Land Development Regulations City of Aventura, Florida Sect Jolt 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 sPa~ng ............................................................................ 11-3 Street Design ....................................................................................................... 11-4 Addresses ............................................................................................................ 11-7 Lots ................................................................................................................ 11-7 Storm Drainage and Water Management Design Standards .............................. 11-7 Sec'don 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 1104.1 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 Preservation .................................................................................... 11-16 Conformance with Applicable Regulations ........................................................ 11-16 Section t106 1106.1 Coastal Tidal Water Standards ...................................................................... 11-17 Conformance with Applicable Regulations ........................................................ 11-17 Section 1t07 1107.1 Surface Water Management Criteria .............................................................. 11-18 Conformance with Applicable Laws ................................................................... 11-18 Sec'don 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 Acceasory Uses ............................................................................................... 11-19 General .............................................................................................................. 11-19 Awnings and Canopies ...................................................................................... 11-19 Carports ............................................................................................................. 11-19 Domestic Pet Sheltem ....................................................................................... 11-19 Fences and Walls .............................................................................................. 11-20 Gazebos ............................................................................................................ 11-21 Play Equipment ................................................................................................. 11-21 Screen Endesures ............................................................................................. 11-21 Swimming Pools & Spas ................................................................................... 11-22 Utility Sheds ....................................................................................................... 11-24 Utility/Mechanical Equipment ............................................................................ 11-25 Waterfront 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 Compliance ................................................................................... 11-26 Development Orders Requiring Concurrency Determination ............................ 11-26 Burden of Showing Compliance ........................................................................ 11-27 Level of Service Standards ............................................................................... 11-27 Section 1110 Satellite Dishes ................................................................................................ 11-32 l,and Development Regulations City of Aven~ra, 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 ......................................................................... 11-37 Violation of Article .............................................................................................. 11-37 Contact .............................................................................................................. 11-37 Wireless Telecommunications Towem and Antennas ................................ 11-34 CHAPTER 12. NONCONFORMING USES AND STRUCTURES Section t201 Section 1202 Section 1203 Section 1204 Section 1205 Section 1206 Sec'don 1207 Section 1208 1208.1 Purpose and Scope ........................................................................................... 12-1 Expansion of Nonconforming Use .................................................................. 12-1 Discontinuation Or Abandonment of Nonconforming Use ......................... 12-1 Change of Use ................................................................................................... 12-1 Repair or Reconstruction of Nonconforming Structure ............................... 12-1 Alteration or Enlargement of Nonconforming Structure .............................. 12-3 Moving of Nonconforming Structure .............................................................. t2-3 Nonconforming Lots of Record ....................................................................... 12-3 Subdivision of Nonconforming Lots ..................................................................... 12-3 June14,1999 Land Development Regulations City of Avengura, Florida Chapter 1: PURPOSE AND APPLICABILITY Section 101: Title This Code shall be entitled and may be referred to as the Aventura Land Development Regulations ("LDRs"). Section 102: Authority and Purpose These .......... v ......... ~, ...... LDRs are enacted pursuant to the requiremems and authority of Chapter 163, Part II, Fla. Stat. (the Local Government Comprehensive Planning and Land Developmem Regulation Act) and the general powers confirmed in Chapter 166, Fla. Stat. ~ Home Rules Powers Act and the Constitution of the State of Florida. The purpose of the LDRs · n.~ r~..~ ..... + D~.-.tn+;.~ implement further the .......... ? ..........~ .... ~ns is to Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water m the Cay_. ............ n~a · ~.~ a~+~;~ +k.. +~.~ ' +~ m~ Furthe the LDRs Land D lopment ,~,, m~,,~ ........... m ......... r, eve 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 ~.~ ...... 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 developmem; ~nd equitable, in terms of consistency with established regulations and procedures, and show respect for the fights of property owners, and the consideration of-for the interests of the citizens of the City. ,ect~on 103. Applicability~ Vested Rights 103.1 General Applicability. Unless otherwise permitted as an Exception under Section 103.2 or allowed to cominue as a Nonconforming Use under Chapter 12, all existing, proposed and new developmem or _r~developmem and uses of land in the City of Aventura shall conform strictly to the provisions of these ~.~ ....... LDRs. Except as expressly provided in these ~.~a~a,ic, r~LDRs, no development and use of land shall be undertaken without prior approval and issuance of a developmem order pursuant to the provisions of these · D .... op .......... ~ ...... 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 Regtflations LDRs shall not estop or otherwise prevent the City from strict enforcement of the provisions of these ~..~ ..... LDRs. 103.2 Exceptions, :Vested Rights 103.2.1 The provisions of these Land Development Regulations City of Aventura, Florida Pa~ge 1-1 103.2.2 any amendments hereto, shall not affect development which has been pl'eviousty-approved after 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 Regutatiom: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 govemmental act of development approval was obtained 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 bas detrimentally relied, in good fait& by making substantial expenditures; and (3) That it would be highly in,~quitable to deny the property_ owner the right to complete the developmem. 103.2.2.1 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 application with the City Manager for a vested rights determination within 120 days after the initial effcetive 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 initial adoption of this Code and prior to the amendment). The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documenharv evidence supporting the clain~ The City Manager s'~mll 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 alter the City Manager's written decision. 103.2.2.2 Any property owner claiming to have vested rights under this section, by virtue of.' (i) A court judgment rendered by a court of competent jurisdiction; (ii) County Vested Rights Determination; or (iii) State Department of Commanity Affairs Vested Rights Determination may follow the simplified procedure authorized by this L~nd Development Regulations City of Aventnra, Florida I'a~ge I-~ 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: (i) The property owner claiming such vested rights shall file an application with the City Manager for a vested rights detennioation within 120 days after the effective date of this Code. The application shall be accompanied by a fee of $500.00 and contain a sworn statelnent as to the basis upon which the vested rights are asserte~ together with docarw, entation of the applicable qualil~r~g' items (i-iii) listed above or required by the City and other documentary evidence supporting the claim. The City Manager 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 fights. Vested rights applications pursuant to the criteria of this pm'ag~ph shall be presumed to exi~ 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 emer into a Vested Rights Determination Agreement describ'mg the applicable development criteria pursuant to which fights are vested, so as to clearly guide ftmn~ 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 ancillap/ components of a proposed development are not vested, the City Manager may administratively grant variances concerning such ancillary components, so long as the City Manager finds such variances are compatible with surrounding uses and structures and necessary to fairly implement the vested rights. (ii) The City Manager's decision shall be subject to appeak by only the applicant for vested rights determination, to the City_ Commission by notice ofappeai filed with the City Manager within ten (10) days after the City M2nager's written decision~ Land Development Regulations City of Aventura, Florida Page 1-3 103.2.2 T ~a r~..~, ..... "~ ...... LDRs shall not The provisions of the affect development for which a building permit has been issued on or before the effective date of the initial adoption of these LD1Ls, (unless issued during the period of zoning 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 the_~ LDRs except as otherwise provided here~ Section 104: Official Zoning Map The City of Aventura is divided into zones or districts, as shown on the Official Zoning Map and descnq~xt in the LDILs_. The Zoning Map, together with all explanatory matter thereon, shall be considered a part of the LD1Ls. T~ Zoning Map is the official record of zoning status of areas within the City. A copy shall I~e maintained in the Comanunity Development Department. 104.1 Amendmems to the Zoning Map. Amendments to the Official Zoning Map shall be made in accordance with the procedures and standards of the LDR,5. 104.2 Recording Amendments to the Zoning Map. Within a reasonable period of time after any amendment to the Zoning Map, the change shall be posted on the Zoning Map. l,and Development Regulations City of Aventura, Florida Page 1-4 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 cormected by a common load-bearing wall other than a fire walk Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-hearing 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, describing, 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 diseemibly 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. Places which are considered adult uses shall include the location of any organization, association or establishment, including any public or private enterprise, 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 dominant theme matters depicting, descn'bing, demonstrating or relating to completely or opaquely covered h~ genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, descn'bing, 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 manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of fixed wing aircraft or vertical takeoff or landing of aireraf~ 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. I~and Development Regulations City of Aventura, Florida Page ~-! "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 Alceholie Beverages, specifically limited to beer and or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the 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 thc Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C.O.P.) of thc 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 establishmem 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. "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 of access to abutting property and commonly located to the rear or side of a property. "Antenna" shall mean a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in telecommunications (personal wireless) services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including dkectional antennas such as panel and microwave dish antennas, and omni- directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations. "Antenna Dish", "Dish Antenna", "Satellite Dish" shall mean an antenna with a concave shape used for the reception and/or transmission of radio signals to and from 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 Pi~ge 2-~ proposed use and for issuance 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 corranunity in the 100 year flood plaip~ "Assisted Living Facility (ALF)' 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 unrelated persons. "Attached Residential" shall mean a Building with a conmaon roof that houses more than one dwelling unit. "Attached Commercial" shall mean a Building with a conunon roof that houses more than one commercial 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 shnple duplex and townhouse units. "Attached Residential - Multi-Family" shall mean a group of two or mere 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" shah mean a rooflike cover that is temporary or portable in naturc and that projects from the wall of a Building. The purpose of an awning is to shield a doorway or window from the elemems. "Bars, Lounges and Nightclubs" shall mean a commercial 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 Aventnra, Florida P~ge ~-3 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 per/meter of a development parcel, or an area adjacent to a parking lot which is used to screen differing land uses fi~om each other. In some ins*ances bufferyards may also be used to satisfy minimum yard requirements. "Building" shall mean any stmcture, either temporary or permanem, having a roofi and used or built for the shelter or enclosure of persons, animals, persunal property or property of any kind. This definition shall include tents, Awnings or vehicles situated on private property and serving in any way the functio:; of a building. "Building Code" shall mean the South Florida Building Code, Miami-Dade County 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" sec"Awning". "Capacity" shall mean the capability 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 constmction of improvements and facilities with a useful life of at least three years, but does not include routine maintenance. "Carport" shall mean a structure intended for vehicle storage not completely enclosed by "Child or Adult Care Center" shall me, an an enterprise 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. "Chureh" 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 prescffoed. I~nd Development Regulations City of Aventura, Florida Page '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 conunercial 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, howling centers, health clubs, pool halls, spas or video arcades if they are accesso~ 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. Con~l~rcial uses may include, but not be limited to: financial institutions; medical facilities; personal services; restaurants; entertainment uses; small appliance repair; printing; studios and galleries; instructional businesses; and recreational uses such as movie theaters, bowling centers, health clubs, pool halls, or video arcades. Uses permitted in this category shall be cons~ent with the City of Aventura Comprehensi~ 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. "Conditionaluse" 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 from time to time. "Contiguous" shall mean next to, abutting, or touching and having a boundary, or portion thereof; that is contain 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 Page 2-5 required lot area of any detached residential lot within a development parcel. "Detached Residential - Minimum Lot Area per Unit" shall mean the n~qimtLm required Lot Area of any Detached Residential lot within a Development Parcel. "Developer" shall mean any person, corporation, partnership, other legal entities or a governmental agency, undertaking any Developmem as defined in these LDRs. "Development" shall mean the carrying out of any building activity or mining opemtiop, 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 purposes of these regulations to constitute "development": (a) (b) A reconstruction, alteration of or nmterial change in the extent or appearance of a structure on land. 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. 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. Work by any utility and other persons engaged in the dism~bution 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, orthe like. l~nd Development Regulations City of Aventura, Florida Pa~e (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, easements, 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. A change in use of a structure from 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 hetween 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 Agreement 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, accessoi~ structures, utilities, rights-of-ways, easements, agriculture, open space and other public or private uses. Land Development ReguLations City of Aventura, Florida Page "Dish Antenna" See "Antenna Dish". "Divided Roadway" shall moan a st~ect where the opposing directional lanes of traffic are separated by a median or center turn lane. "Drive-Thru" shall mean a facility designed to acconnnodate pickup of food, morchandise 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 om-hour or greater fire- resistive wall "Dwelling Unit(s)" shall moan a house, apartment, or condominium unit, trailer, group of rooms, or a single mom intended for occupancy as separate living quarters with direct access from the outside of the building or through a connr~n 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 Department of Business Regulation, Division of Hotels and Restaurants, as "apartments", "rental condominiums" and "Retirement housing". "Emergency" sb~ll 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 property or public funds as declared by the City Manager or designee. "Engineering Construction Permit" shall mcan a pcrmlt issued by thc City Engineer prior to the construction of any public improvernents on public or private property. "Excavation" shall mean removal or recovery by any moans whatsoever of soil, rock,minerals, mineral substances or organic substances other than vegetation fi~m water or land on or beneath the surface therefore or beneath the land surface whether exposed or submerged. "Exceptional Hardship" shall mcan a burden on a property owner that substantially differs in kind or magnitude from the burden imposed 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 mcan an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. Land Development Regulations City of Aventura, Florida I'a4~e "Finished Elevation" shall mean the proposed elevation of the land mnqnce of a site alter completion of all site preparation work. "Flood" or "Flooding" shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of tidal waters or the unusual and rapid accumulation of runoffof surface waters from any retrace. "Flood Insurance Rate Map" ("FIRM") shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable. "Flood Plain" shall have the sa_me meaning as "Area of Special Flood Hazard". "Floodprooflng" shall mean a combination of structural and/or non-structural additions, changes, or adjustments to properties or structures subject ~o flooding which will reduce or eliminate flood damages to properties, water and sewer facilities, structures, and contents of buildings. "Floor Area" shall mean the sum of the gross horizontal areas of each story of the principal building, measured from the exterior walls or ti, om the center line of party walls, 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 Commercial uses which does not share common walls or a roof with another building. "Front Facade Area" shall mean the area of a structure's or business' fi~nt surface are& The facade area shall include doors and windows. The facade area shall not include canopies, overhang areas or other architectural emhellishments. "Front Street" at Street comers, or in other situations where a Lot abuts more than one Street, the Front Street shall he 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 frontage is the Front Street. In the case of unusual lot configurations, the Front Street shall he as determined by the Community Development Director. "Functional Integrity" shall mean the completeness and natural stab'flity of an assemblage of native plants and animals as indicated by measures of continuity, species diversity, species interdependence and biomass. [~nd Development Regulations City of Aventura, Florida Page 2-9 "Future Land Use Map" or "Land Use Plan" shall mean the adopted Future Land Use Map of the Land Use Element of the City of Aventura Comprehensive Plan, as defined in Rule 9J-5 of the Florida Administrative Code. "Golf Conme" shall mean a nine or eighteen hole golf course, and driving ranges. Club facilities such as locker rooms, restaurants and lounges, pm shops, and other complementary uses are considered part of a golf course. "Governmental Agency" shall mean: (a) The United States or any department, commission, agency, or other The State of Florida or any delmrtn~nt, commission, agency, or other insmmentmy thereo , Any local government or any department, commission, agency, or other instrumentality thereof; or Any school board or other special district, authority, or govemmental entity. "Grade" shall mean the highest natural elevation of the ground stwhce, prior to consm~ction, measured fi.om 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, common corridors, Wash rooms, common lobbies, corranon rest rooms, meter rooms and ancillary power equipment rooms. "Ground Disturbing Activity" shall mean excavation or removal of vegetation. "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 center of the fi.ont of the building to the highest point of the roof surface, excluding mechanical equipment, chimneys, spires, steeples, radio or television anteram, flag poles, solar apparatus and ut'dRy 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, ora flat roof and to the deckline ora mansard roof. L&nd Development Regulations City of Aventura, Florida Page ~- 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 has overnight accommodations, wherein professional services concerning personal health of hu,m~ are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the State of Florida. "Hotel" shall mean a commercial establishment which provides overnight sleeping accommodations for the public. Principal access to all revtal rooms shall be through an inside lobby or office supervised by a person in charge at all 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 (c) a use that is permitted or permiss~le on the land under the Plan, or element or portion thereof; or LDRs. "Light Industrial Use" shall mean an industrial use for the manufacture, fabricating, processing, converting, warehousing, distribution, 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, xabration, or excessive light beyond the boundaries of the lot on which the use is conducted; memce by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials including Hazardous Materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attracted to the use. "Local Planning Agency (LPA)" in accordance with Ordinance 96-27 of the City of Aventura, 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 Po, ge '2~ 11 of which has been recorded in the Public Records of lvfiami-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 area where the lot is located. "Lowest Floor" shall mean the lowest enclosed area (including basement) of a structure. An unfinished 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 requimanents 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 plain. The purposes of these regulations, the term is synonyr_:ous with National Geodetic Vertical Datum (NGVD). "Motel" shall mean a Comrr~reial establishn~mt which provides overnight sleeping accommodations for the public. Principal access to all rental rooms shall he fiom the outside and parking spaces shall he oriented in such a manner so as to facilitate dkect 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 residents 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, 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. "New Construction" shall mean the commencement of construction on or after the effective date of these LDRs. "Nonconforming lot of record" shall mean a Lot of Rceord 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 Page "Nonconforming structure" shall mean a structure lawfully established prior to and existing on the effective date of these regulations, or any ameMn~nt 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 lawfiflly established prior to and being conducted on the effective date of these regulations, or any amen~ hei-eto 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" shah 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 thc State of Florida, which undertakes to provide for a perle, exceeding twenty-four hours, nursing care, personal care or custodial care to unrelated persons, who by reason of illness, physical infunfity or advanced age require such services but does not include any place providing care and treatment pxixx~rily for the acutely ill "Office" shall mean a use where the clerical, administrative, financial or consulting aspects of business, professional, medical or goverranental services are conducted. Office uses shall include, but not be 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 Avenm "Office Park" shall mean a zoning district and land use district whose primary purpose is to permit planned office complexes in a catnpus-like atmosphere with substantial buildings and ample open space. "Open Space" shall mean any area of land and/or water, which is open and anobstructed ~om 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, common 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 areas), 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. Land Development Regulations City of Aventura, Florida Page ~- 13 "Owner" shah 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" shah mean a Contiguous Lot or tract of land owned and recorded as the property of the same pcrson 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 into the ground. "Per"mn" shall mean an indMdual, corporation, gove~iui~mtal agency, business trust, estate, trust, partnership, association, two or mom persons having a joint or common interest, or any other legal emity. "Plan" - See Comprehensive Plan. "Platted Lot" shall mean a lot which is identified on a recorded plat. "Plot" sec "Lot". "Principal Building" shall mean a building which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary 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 owneA, fianchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general publL "Recreational Vehicle" shall mean a vehicle or portable structure built on a chassis, without pennanem foundation, which can be towed, hauled or driven and primarily designed as tempora~ living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, track campers, camping trailers, and motor homes. Rehabilitation Centers shall mean any facility for the treatment and rehabilitation of drug dependents as defined in Chapter 397, Florida Statutes. Land 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 Con-am~cial 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 services as opposed to products to individuals shall also he considered a retail use. "Right-of-Way" shall mean all land dedicated for public transportation, whether public or pdvate. "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 whether public or private; including pre-schools, 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 meaning 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" shall mean a one family detached dwelling utilized for individually owned one family homes. "Small scale development" shall have the same meanin~g given in Chapter 163.3187( 1 )(c)1 et seq., Florida Statutes. Land Development Regulations City of Aventura, Florida P~ge 2- 15 "Street or Road, Arterial" shall mean a route providing service, which is relatively continuous, and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. Arterial roads shall generally be those roads which provide access froro collector roads, non-residential driveways or limited access highways. A street having that meaning given in Section 334.03 (15), Florida Statutes, as may be amended from time to time. Also any street designated as a State Principal Arterial, State Minor Arterial or Minor Arterial according to the Tram~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 dism'butes 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 Transportation 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 traffic. A Local Street or Road is not a Major Street or Road. "Street or Road, Major" shall mean any street or road vOh 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 Transportation Element of the Comprehensive Plan, 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 right-of-way purposes. "Street or Road, Public" shall mean a Street that has been accepted by the City, Miami- 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, Commercial, storage, agricultural, or office purposes, either temporarily or permanently. Structure also includes roads, driveways, walk-ways, paths, fences, patios, decks, swvimming pools, tennis courts, poles, pipelines, transmission lines tracks, 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, traits or any other division of land, or if the establichment of new Streets Land Development Regulations City of Aventura, Florida Page ~- 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 equals or exceeds filly percent (50%) of the predestmction reconstruction value of the structure, as determined by the Property Appraiser of Miami-Dade County, either (1) before the improvement or repair is started, or (2), ffthe structure has been damaged and is being restored, betbre the damage occurred. For the purposes of this definition, substantial improvemem is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, 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 existing 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 invemory of local historic places. "Telecommunication Facilities" shall mean any facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting telecommunications towers, other supporting strum and associated facilities used to transmit teleconanunications signals, An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service. Also, any antenna or broadcast equipmem located outdoors which is used for telceonmaunications and not othet~i~ defined as a Dish Antenn~ "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" sec "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 structures. "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 be overlaid directly upon a site plan and must provide, at a minimum, the following information: Land Development Regulations City of Aventura, Florida P~ge 2- 17 (1) the location plotted by accurate techniques, in relation to all proposed development, of aH existing non-nuisance trees which are proposed to be destroyed, relocated, impacted, or preserved; (2) the conanon and scientific names of each tree; and (3) the DBH ofeach tree, or ifa multiple trunk tree, the sum DBH for all trunks. "Trip" shall mean a om-way movement of vehicular travel from 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 conm~nly accepted traffic engineering practice and which is substantially the same as that definition in the ITE Trip CJeneration Manual, current editior~ "Trip Generation" shall mean the total number of vehicle trip ends produced by a specific land use or activity. "Useable Open Space" shall mean common land areas, either landscaped or developed as active recreational, but net located within or on top ora residential structure. "Variance" shall mean a grant of relief from the requirements of these regulations which permits construction in a manner otherwise 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 aisles, stacking areas and by-pass lanes for drive-thru windows, or outdoor retail sales and display areas for new or used cars, trucks, boats or recreational vehicles. "Warehouse" shall mean a business or Building used primarily for storage and dism~bution of goods and materials by manufactures, wholesalers, and distributors. "Warehouse - Serf 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 from 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 compensation for wetland impacts, and includes a resource analysis, credit assignment system and long term maintemnce 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 easemenfffight-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 encmachmems otherwise allowed in these LDRs. In measuring a Required yard, the horizontal distance from the fmther~inost 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 he 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 from, 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 bom the from Yard to the rear Yard, between the side plat line and the required set back line. Every required side yard shall be meemmd at the closest poim 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 of construction In the interpretation of the language of these LDRs, the roles set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the City Commission. 202.1 Generally. Terms used in these regulations, unless otherwise specifically provided, shall have the comn~nly understood meanings, per definition contained within the Plan, or the meaning reasonably ascribed 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. Land Develoomeng Regnlations Cigy of Avengura, Florida Page '2-19 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 Where any provision of these LDRs imposes greater restrictions 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 he deemed to be controlling. Computation of Time. The time within which an act is to be performed and completed shall he computed by excluding the first and including the last day; if 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 he 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 structure ~r 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 he construed according to the common 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 importing the singular number may extend and he 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 representation 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 mean a calendar day, unless otherwise indicated. Boundaries. Interpretations regarding boundaries of zoning districts shown on the Official Zoning Map shall be made in accordance with the following: I~and Development Regulations City of Aventura, Florida Pa~e 2-20 (a) (b) (d) (e) (0 Center Lines as Boundaries. Where district boundaries appear to follow center lines of streets, alleys, easements, railroads and the like, they shall he 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. (1) Where district boundaries appear to follow shorelines o: 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 ? 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 sb~ll he so construed. Dimensions. Where dimensions are not otherwise indicated on or by the Official Zoning Map, the scale of the map shall govern. 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 gover~ Land Development Regulations City of Aventura, Florida Page ~-~1 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 o£ 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 LD1Ls. 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_. To review variances from the development standards of these regulations. (g) To bear and determine appeals from Levels of Service Compliance in accordance with the procedures of this Code. (h) To review final plats prior to recording in accordance with the procedures outlined herein. (i) 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 LDP4_, except where State or City regulations or ~'& these LDK5 specifically provide otherwise. (j) To review applications for development approval for Developments of Regional Impact (DRI) and to issue development orders. (k) To enter into devebpmemDevelopment agveememsAgreements. (1) To review plat revisions. Land Development Regulations City of Aventura, Florida Page 3-1 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 agreemcr~ Agreements, vested rights determinations and site plans. Land Development Regulations City of Aventura, Florida Chapter 4: COMPREHENSIVE PLAN Section 401: Purpose The City of Aventura Comprehensive Plan was adopted pursuant to the requirements and authority of Pan II, Chapter 163, Fla. Florida Statutes Swt. (the "Local Govemmem 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 t~ ~LDRs unless consistent with the Goals, Objectives and Policies of the Comprehensive Plan. .,ection 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 pan of the Plan shall not, for the purposes of this section, be deemed to he Plan amendments. 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 he filed by the City Administration, City Commission or an owner of property subject to the amendment. 403.2 Application Requirements. Applications shall he made on a form specified by the Community 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 Aflhirs 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 he necessary to address the comprehensive planning criteria of the City. A fee coveting the costs of processing an application for a Plan amendment shall he established fi:om 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-haptee-Section 163.3187 et ~,., as amended, Florida Statutes~ ns~m~aded-regarding the number and type of amendments which may he filed shall be 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 Chapter Section 163.3184(15), FL Stat. Florida Statutes, as amended, and the provisions of this Code. Amendment Procedure. The procedure for amendment of the Plan shall be by ordinance, in accordance with Sections C-hapte~ 163.3184 and 163.3187 Florida Statutes Fla. Et. 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 requirements of this Scct~c,n Chapter. City Commission Public Hearings. 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 Fleaqda Statues F.S., as amended. The meeting shall be noticed in compliance with the notice requirements of this 8ectio~ Chapter. Transmittal of Proposed Amendment. Following the first public hearing 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 county review agencies. If *~' ..... ~ .... :~"^' .......... ~* to *~ Adoption of Proposed Amendment. Upon receipt of the comments ti'om the Department of Community Affairs, the City Commission shall adopt, adopt with changes or deny the proposed amendment in accordance with the provisions of Chapter Section 163.3184(7), Florida Statutes, as amended. Approval of Amendmem. Upon approval of a proposed amendment, the City Manager is authorized to make such amendment to the plan~ Land Development Regulations City of Aventura, Florida Page 4-2 Chapter 5: DEVELOPMENT REVIEW PROCEDURES Section 501: Procedures of General Applicability 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 owner 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 be in a form specified by the Community Development Departmem and sb~tll be accompanied by a fee, as established t~om time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified bT the application form or by the Community Development Director. 501.3 Preapplication Conference. The Community 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 Community Development Department is not required for the preapplication conference. Failure of staff to identify any requirements at a preapplication conference shall not constitute waiver of the requirement by the decision-making body. 501.4 Filing of Applications. The Commtmity 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 Development Department 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 hearing and notice requirements shall be provided in accordance with the provisions of Florida Statutes, C-haptev-Section 163.3184(15) for a change to the City's adopted Future Land Use Map, C-hapte~-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 recommendations of the City Manager or his designee shall be developed and such recommendatio~ 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 descn~oing 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 intbrmation 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 shixll not affect action or proceedings taken trader 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 bome by the applicant. Rescheduled Meeting Dates. Public hearings for applications may be deferred or continued by the City Commission to a meeting date certain~ The City Commission may waive further notice except as provided for by Chapter 166, Florida Statutes. Examination and Copying of Application and Other Documents. At any time during normal business hours of the City, upon reasonable request, any person may examine an application for development approval and materials submitted in support of or in opposition thereto. Copies of such materials shall be made available upon p~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 Commission. Reliance on Information Presemed by Applicant. The City and its departments, beards and agencies shall have the right to rely on the accuracy of statements, i docments and all other information presented to them by the applicant or his agent, in review of an application for developmem approval issued. Restriction Upon Variance and Other Developmem Applications. Under those circumstances in which work has been done or a use has been establ/shed 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 fi.om the conduct of such work or the establishment or conduct of such use, is fast abated and removed, so as to remedy the violation of the City's~,~-~-o ordimmcesLDRs. Abatement and removal is required prior to the application Land Development Regulations CiW of Aventura, Florida Page 5-2 being heard by the City Commission~ pumuant to t~c Under those circumstances 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-compliarre with permit or development order conditions or otherwise, no Approval application shall be heard by the City Commission pu:-2~ant tc, thc C~' C-oder, 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 pev~ stun approved by the City Manager, and shall provide for removal of the structure, facility orthe cessation oftbe 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 shall comply with the City's quasi - judicial legislation: 1. Site specific rezoning. ~.2. Conditional Use applications. 4. Tcmpo, r~· use. ~.3. Variances, including, but not limited to: trees, signs, setback, distance requirements between buildings or other variances permitted by this Code. 6~4. Development of Regional Impact. ~-.5. Any other development approval deemed to be quasi - judicial by the City 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 rezoning) or site plan approval (the "Approval"), the Approval must be 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 authorizing 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 carded 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 ii' 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 utilizing the Approval. In such instances, the time limitation established by such resolution shall prevail. Land Development Regulations City of Aventura, Florida Page 5-4 Section 502: Permitted Uses 502.1 Purpose. Permitted uses are considered to be fundamentally appropriate within the district in which they are located and are deemed to be consistent with the Comprehensive Pla~ 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 ......... ~': .....~ d ..... v ............... hese LDRs 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 of these R~ ...... certificate of occupancy, all pursuant to the requirements ^~-~"':~ _LDRs. Land Development Regulations City of Aventura, Florida Page 5=5 I Section 503: Conditional Uses I I 503.1 Purpose. Conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics orI potential impacts on the surrounding neighborhood and the City as a whole, require individual review as to their location, design, co~figuration, 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 Connnunity 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 be established fi:om time to time by the City Commission. (c) A written and graphic smmm~ of the proposed project. (d) Ownership affidavit and Owner's Swom 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 consistem with the Comprehensive Plan; (b) The establishment, maintenance or operation of the proposed use shall not be detrimcmtal to or endanger the public health, safety, com£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 concurrem with demand as provided for in the requirements of theses LDRs; Land Development Regulations City of Aventura, Florida Page 5-6 (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; The establishmem of the conditional use shall not impede the development and~-,v,; .......... ,~. ~..~..,' of surrotmding 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 adjacem property through the use of building orientation, setbacks, buffers, landscaping and other design criteri~ 503.4 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 Communi?, Development Director 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 Co.mdssion meeting providing the required notice procedures are met. 503.4.1 Public Hearing. The City Commission shall hold one public hearing 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 recommendation of the Administration and any oral and written comments received before or at the public hearing. Based upon the record developed at the public bearings, the City Commission may: (a) By resolution adc. pt approve the proposed conditional use with or without conditions; Co) 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 hood inc!ud/ng :' ..... ~ '~:'~ to: "-~';*~""~ ~;~ Land Development Regulations City of Aventura, Florida Page 5-7 503.5 503.6 en .......... ~ ~.,~.,.2,. ........ ommission 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 Eliffib'flitv 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 Approvak Unless otherwise provided in the approval, the approval of a conditional use application shall be void if the recipient does not obtain a building permit tbr the proposed development within twelve (12) months 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 Cotxmfission 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 condition~ 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 impacts, such as a minor shift 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 he submitted at building permit application in the form of a revised site plan along with a copy of the originally Land Development Regnlations City 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 shall be considered a minor change for the purposes of this section. Land Development Re~ulatlons City of Aventura, Florida ?age 5=9 ~ection $04: 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 similar uses; provided the Community Development Director finds that such new use is not more objectionable than the enumerated uses in such district, is s'unilar thereto and will be compat~le therewith. No use that is enumerated in any B or ~-M District will be permitted in a more restrictive Land Development Regulations City of Aventura, Florida Page 5-10 ;05: 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 prohibited shall be conducted or erected without a Temporary Use or structure permit. This Section shall not override, and shall 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 reviewed in conformance with the Procedures of General Applicab'flity. Notice and public hearing requirements shall not apply to temporary use or structure permits. The paymem 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 structure 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 evems 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) Temporary 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 he 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 property. Unattended facilities are prohibited in any zoning district. (f) Garage sales (g) Seasonal sales lots offering Christmas trees, pmnpkins, tlowers and the like; however, no temporary permit shall he issued for sales within public rights-of-way, and fireworks sales shall be subject to Fire Department approval. Land Development Regulations Cily of Aventura, Florida Page 5-i I (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 amount 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 permit or is in violation of the LDR shall he revoked by the City Manager. Any temporary us~ which endangers the public health or safety shall he 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. 505.6.1 505.6.2 The temporary use must be compatible with the surroundingl uses; I 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 Aventura. Land Development Regulations City of Aventura, Florida Page 5-12 Section 506: Variances 506.1 Purpose and Scope. 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, prohibiting the use of land in a nmnner otherwise allowed under the LDR. Variances shall not be 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 filed 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 Con~nunity Development Director shall compile a written staff report summarizing 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 herein. 506.4 Review by Cit~ 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 be granted only where thcv.~vv.,,~.~ ..... ~.~ oPlhe~on~q~etent and substantial evidence presented in the particular case shows that all of the of the following are met: (a) The particular physical surroundings, 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 $-13 506.6 506.7 506.8 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 js not economic and has not been deliberately 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 injurious to other property or improvemems 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 nay 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., '2nc!u~-.L'ng, bzt Expiration of Approval. The approval of a variance shall be void if the recipient does not reeeiv~obtaln 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 shift 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 inay 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. Administrative Variances An administrative variance for setbacks, open space and parking requirements may be grained by the City Manager or his designee only when cotnpetent and substantial evidence is presented in the particular case shows that all of the following has been met: (a) The particular variance created is a direct result of a dedication of (c) (d) 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 LDR. The granting of the variance will not be detrimental to the public welfare or injurious to other property 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 Development Regulations City of Aventura, Florida Page 5-15 Section 507: 507.1 507.2 507.3 507.4 507.5 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 be 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 LDR~_ or Map shall be consistent with the adopted Comprehensive Plar~ Initiation. An amendment to the text of the LDP~_ may he initiated by the City Manager or the City Commission. Any affected person may pzt~:.zn apply to the City to amend the text of the LDR,5. An amendment to the Zoning Map may be initiated by the City of Aventura or by any person owning properly within the area proposed fbr 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 be on an application form specified by the Community Development Director. All applications filed shah be processed according to the the LDR. 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 summarizes 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 sb~aH 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 aH 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 ~ ..........~ .... v .......m .............. co with the Land Development Regulations City of Aventura, Florida Page 5-16 507.6 507.5.2 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. 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 recommendation of the Administration, and any oral and written corranents received before or at the public heating. Based upon the record developed at the public hearings, the City Commission may: (a) Adopt the proposed amendment with or without modifications ~y crdL-~':ce; or (b) Grant another zoning classification consistent with the Furore Land Use Map designation and Comprehensive Plan; o~ (c) Reject the proposed amendment; or (d) Refer the matter to the administration 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) (b) (c) The proposed amendment is consistent with Goals, a~ld Objectives and Policies of the City's Comprehensive Plarz (d) (e) (0 (g) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The subject property is physically suitable for the uses permitted in the proposed district zoned ......... m~ ,~ ........ ~ ...... ~ There are sites available in other areas curremly zoned for such use. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. The proposed change would adversely affect traffic patterns or congestion~ 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 ~dments to the Text of the LD1L In deciding whether to recommend approval of a proposed text amendment, the Administration and the City Commission shall detemqlne~:onsider whether or not: (a) The proposed amendment is legally required. (b) The proposed amendment is consistent with the Goals and Objectives of the Comprehensive Plar~ (c) The proposed amendmem is consistent with the authority and purpose oftbe LDR. (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 Permits 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 curremly 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 akeady 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: Zoning in Progress shall not he 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 Cit~ 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 epecifically 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 Cc.n'.~n'Aggion may impose a temporary hold on any development 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 fi.om the date of ~vv ........ notice until the subject ~:~n~:^~ 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, unless 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~o~-~-~:~':~ 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. 50~°. !. ! 508.2.1 A building permit may be issued for an essential governmental facility after preliminar~ ~,lat review where the City Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the City determines that public facilities and services will be available at the adopted level of service 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 stale however, shall not be binding on the City or County or be construed to create any right for the developer to rely on said comments. Review of a preliminary plat shall be done in a reasonable 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 Requirements. The tentative plat and application shall be filed with the Conanunity Development Department on forms provided by the department. The application slmll be submitted in accordance with the required number of copies Land Development Regulations City of Avcntura, Florida Page 5-20 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 imn~diately adjacent. The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided. e) Location, nmnes and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces as well similar facts regarding property immediately adjacent. f) 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 male. 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 emire 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. k) 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 Cji3, 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 rights-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 anal.vsis, 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) Alist of all easemcats and ~'~ghts-of-wayto be vacated. Copies of all land development and environmental licenses and permits applied for including water managemem, 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 Corranunity 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 C .... u ................ ~, ............. DRs. A sealed current topographic survey ("Plat Survey"). The Plat Survey shall cover the entire area being phtted 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 inibrmation: (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 report. b) Written confirmation from all utilities franchised to operate in the Land Development Regulations City of Aventura, Florida Page 5-22 City relative to the adequacy of proposed easemems 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 confornmnce with this code. e)d) Legal documents in draft form ensuring perpetual maintenance of any private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other common areas. An original title certificate or an attorney's opinion of title, and a tax letter or receipt fi:om Miami-Dade County. Miami-Dare County DERM environmental review and resulting comrr~ms. 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 law 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-Dare 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 ~within one year, provided that such portion conforms with all requirements of ~thesc LDRs and meets the approval of the City and Miami-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 docmnc~ts 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 inforn~ation shall be part of the final plat unless waived by the Director: 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 fi;om 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 i to the lines of the subdivision by distance and bearing. I Land Development Regulations City of Aventura, Florida Page 5-24 J) o) p) q) r) s) Accurate location of all monumems. 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 t~ont 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 easemems. Certification by a registered surveyor to the effect that the plat represems a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown. An acknowledgment 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 Land Development Regulations City of Aventura, Florida Page 5-25 508.6.3 and dedication. If existing right-of-way is to be closed purpose of closing must be stated on the plat. t) 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 shaH 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 County 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. b) Current opinion of title fi:om any attorney authorized to practice law in this State. e) 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. d) If a zoning change is involved, certification that the change requested has been approved and is in effect, and that the size of lots and other features shown on the plat conform to all zoning requirements. e) Certification from the City Engineer that aH 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. Land Development Regulations City of Aventura, Florida Page 5-26 Any restrictive covenants desired by the developer so long as they do not violate existing ordinances. ~ and .................. ""* .... 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 Developmem Director shall submit the report to the City Manager, for transmittal to the City Commission. The City Commissi shall --.a ..... ~.~ ~t ~ ..... t:~,: .... .4 ,~ r~,,,.o~zr, cn'~",~t:.zr~ cf ~mff approve the final plat, as recommended by staff, if the plat is found to be in conformance with these regulations, and issue a resolution setting forth such approval amtqaleeqmeq~e 508.7 Endorsement of Final 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 Development Director shall forward the signed original of the final plat to the applicant for County approval. 508.7.1 Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, 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 constmed 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. 508.8 Requirements for Final City Signature. Prior to final City signature upon a plat for recordatior~ +u~ r.a. ..... .~.4~.4 c~ · ,.;o ~a~ ~.4a;+;~_ the developer shall have executed approved agreements if required by the Cit~ concerning the payment of the developer's share of required public lhcilitics, ;~mpant-fee.% and any other Land Development Regulations City of Aventura, Florida Page 5-27 508.9 508.10 requiremems of the final plat approval ,-~ .....~.a;.;~. ~k., ....,a .....c .c ~The subdivider shall also provide one or more copies of the final plat, to the City in a format deemed acceptable by the City Engineer. Time Limitations of Final Plat Approvak The burden is on the property owner to either record the plat within t?~%' 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 tl~e time specified by either the City of Aventura or Miami~Dade County shall render the approval of said plat null and void. Enforcement Provisions. 508.10.1 Recording of Plat. N; nlat shall be recorded in the Public Records of Miami-Dade County 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 be considered invalid and the City may institute proceedings to have it stricken fi.om 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 comtmcted within the City unless and until said official receives a certification from the Coinmunity Development Director that the provisions 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 all public improvements and services of any nature, including the maintenance of streets and the fumishing of sewerage facilities and water services fi~om all subdivisions which have not been approved and fi.om all areas dedicated to the public which have not been accepted by the City Commission in the manner prescribed by the~,,~'~ -,~"~.-~--'v~-~-- ...... .... LDRs. 508.10.4 Revision of Plat a~er 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 5-28 508.11 corrections and/or modifications which m_ay have been made subsequem to the plat approval by the City Commission. The Community Development Director shall then review the plat to determine if any revisions or modifications have been made that are comraty to or inconsistent with the approval of the City Commission. After review, the Conanunity Development Director will provide the i 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 satis~ conditions of approval, whether conditions precedent or subsequem 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. The 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. 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 confom~ance with all applicable zoning and Building Code provisions. 508.11.3 The combination of lots - · , .-~:a~+:,~ ~-:-, and/or portions of lots m ............... t, d:~r~lct to create a common building site provided that the property owner presents an instrument recordable in the public records of Miami-Da& County, Florida identifying the boundaries of the building site and the intent to develop and convey as one (1) site or parcel 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. Land Development Regulations City of Aventura, Florida Page 5=29 508.11.4 The div~' ion 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 required. In this instance, the Community Development Department and Engineering Division may 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 508.12 Recorded Plat. No change to a recorded plat is created or no development is tmdertaken except in conformance with the recorded plat or as specifically allowed in this Section. Land Development Regulations City of Aventura, Florida Page 5-30 509.1.1 (b) (c) (d) (0 (g) Land Development Regulations City of Aventura, Florida Page 5-31 509.2.1 (~ (1) (~) Land Development Regulations City of Aventura, Florida Page 5=32 (1) (5) (6) (7) rcqu~cd; (a) (b) Land Development Regulations City of Aventura, Florida Page 5-33 (0 (g) M ..... of road (c) (D) (F) (G) (m 509.2.3 Land Development Regulations City of Aventura, Florida Page $-34 509.2 509.4 509.3.1 Land Development Regulations City of Aventura, Florida Page 5-35 Land Development Regulations City of Aventura, Florida Page 5-36 Section 509: Administrative Site Plan Review 509.1 509.2 509.3 Required. Except as provided in Section 510.3 below, application for site plan all developments ...... -r:, v.~ ........ · ...... ,~ ~a:.:~l t=eg sh~dl approval for ;~t-a: .... :~.4 .............. be submitted to the Community Development Department for review and approval prior to the issuance of building perm/ts. The Community Development Departn~nt shall evaluate the site plan as it relates to confornmnce to the LDRi and Comprehensive Plan, and shall consider internal site vehicular circulation, ingress and egress, conformance with the character of the surrotmding area, general layom of the site, architectural design of the structures, and whether the developmem as presented will enhance the quality of life in the City of Avemura and promote the health, safety and welfare of its citizens. 509.4 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 Department. A fee as established by the CJtty Commission shall he paid by the applicant Thc r~ ..... :,.. r,~.,~t .... + r,, ......... u~. ~.~t.n~u ,u~ Exempt Development. The following activities shall not require submission of a site plan pursuant to this sectior~ (b) (c) (d) (t) The deposit and comoufing of fill on land. Construction of a single-family home on an existing single-family lot. Construction of a single residential duplex on an existing residential duplex lot. Accessory uses which would not increase plot coverage of the principal structure. Land cleating activity done in compliance with a valid land clearing permit issued pursuant to the LDR and a City engineering permit. (g) Demolition General Site Plan Application Reqtfirements. All site plans must be prepared, signed and sealed by one or more of the following profession~als. (a) (b) (c) A landscape architect registered by the State of Floriaa. An architect registered by the State of Florida. A civil engineer registered by the State of Florida~ Land Development Regulations City of Aventura, Florida Page 5-37 (d) A land surveyor registered by the State of Florida. 509.5 Prelln~n'y Site Plan Submission Requiremems. An application for preliminmy 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 requirements 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 report and shall so be stated on the survey itself.. 509.5.2 A tree survey is required if there are indications of existing native tree species on the site when development is proposed within City areas of particular concem as identified in the City's Comprehensive Plan:. 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 of Florid~ Tree species shall he identified by a registered landscape architect licensed to practice in the State of Florida. TU: ..... a~:~ ~U~l ~U, ..~U~ a~..~ ..... , · (b) Surveys shall delineate property boundaries, easements, rights-of-way, bodies of surface water, and protected trees or groupings of trees. The species of trees to he removed or relocated shall be identified. In the case of a groupings of trees, tlne 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 Connnunity Development Department that is reasonable and necessary for the adequate admiifistration of this Section~ 509.5.3 Site development plans (Scale to be 1"=20' unless prior approval is received otherwise) shall 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 L~nd Development Regulations City 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) Pre'hminary landscaping plan (Signed and sealed by a Florida Registered Landscape Architect). (0 Location, size, character, height and orientation of all signs. (g) Placement, height, and fixture design of all exterior lighting fixtures and eertification by a registered professional engineer or registered architect that exterior lighting, as designed will not exceed the footcandle levels at the adjacent private proper~ lines. Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300' of the subject property. (0 Information as to all perimeter buffer requiremems for adjacem properties. (i) A master site plan is required for all phased 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 site plan is in substantial conformance with the ~ ~-~e ...... LDRs. A final site plan shall be 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 sigmge locations, types and details. Land Development Regulations City of Aventura, Florida Page 5-39 509.7 509.8 509.9 509.10 (c) (a) 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). Review. In reviewing plans, City staffshall require that the development satisfies the following criteria and submit a report to the City Manager: All applicable codes of the City. The goals, objectives, policies and other applicable requirements of the City's Comprehensive Plan, (b) Approved and accepted architeetuml and engineering design concepts. (c) Consistency with t~e-the aesthetic character of the City. 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 fi:om the date of approval. If no building permit is issued within the twelve month time period, the site plan shall be 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 tk. at t~e delay ~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 trader 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 Cily 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 compatble with the City's engineering applications. Mylar Copy of Approved Site Plans Required. Following City sign ofl~ 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 Regulations City of Aventura, Florida Page 5-41 Section 510: Engineering Permits 510.1 Purpose. The review of engineering plans and subdivision plans by the City's Community Services Department and the issuance of the appropriate permits is required 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: clearing 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 commence without first obtaining Engineering plan approval of the excavation activity, an Engineering excavation permit, and pa);,~g tbs, ~,propriate fee and bond as required. 510.4 Annual Permit for Mining, OuamAng or Excavation ~,;q& B!a~:mg. An annually renewable Engineering Permit issued in accordance with the regulations of this Code shall not be transferable and shall be obtained prior to conanencing any resource exlxaction activity pursuant to this code. Said permit shall 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 ren~oval of pavements sMll 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 corranence engineering construction 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 sMIl be Land Development Regulations City of Aventura, Florida Page 5-42 as defined in Chapter 471, Florida Statutes, represeming 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 eng'meer, 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 -- permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and cert'rficates 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 governing 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 until and unless the Building Division has issued a building ~ permit. 511.2 Application requirements. Each application shall descn~0e 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 sm~- 'ure; 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 shall be attested by the qualified applicant and property owner. 511.3 Action by Community Development Departmem. The Building Official shall review all applications for building permits or certificates of occupancy for compliance with the provisions of the LD1L the City Code and the South Florida Building Code, as amended. The Building Division shall issue a building or gSte nnp ........... 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 shall 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 front of the premises affected thereby during the hours of work in progress and available on demand for examination by the Building Offich[ Land Development Regulations CiW of Aventura, Florida Page 5-44 Section 512: Certificates of Occupancy 512.1 Purpose and Ett~ct. 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 stmcmral 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 premises have been inspected and found to comply w/th all applicable standards and requirements for the zoning district in which the,para 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 fi.om 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 Depamnents. The certificate of occupancy or completion may be issued in the following forms: (a) (b) Partial Certificate of Occupancy. A certificate of occupancy for less than the emire built-out space in any given project may be issued, provided that basic life safety concerns have been provided for. Conditional /Temporary Certificate of Occupancy. In situations where life-safety concerns 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 permanently posted in a prominent place on the premises at all times. Land Development Regulations City of Aventura, Florida Page 5-45 513: Appea~ 513.1 Purpose and Applicability. This section is intended to provide for appeals fi:om the decisions of decision-making and administrative bodies having development approval authority trader the LDR or from 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 he 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 he filed within 15 days of the signing of the written order, requirement, decision, determination, or interpretation of the LDILs. If an application is filed, the City Manager shall then make a deteImination of completeness. 513.3 Review. Upon receipt of a complete application the City Manager shall review the application and schedule a public hearing to he conducted by the City Commission~ The City Manager shall forward a copy of the application to the City Commission together with a report and recommendation summarizing the facts of the case, any relevant documents and any comments received on the application. 513.4 Action by the City Commission. A public hearing shall be held by the City Commission to consider the application. The applicant shall be advised in writing of the hearing date and time. The City Commission shall review the application, the report and recommendation 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 Cily of Aventura, Florida Page 5-46 Chapter 6: ARCHAEOLOGICAL AND HISTORICAL LANDMARKS Section 601: Purpose In the event arcb~aeological 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 may 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 impo~t in the past; or (b) Are the site of a historic event with significant effect upon the community, city, state, or nation; or (c) Exemplify the historical, cultural, political, economic, or social trends of the community; or (d) Have yielded, or may ~ 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 formations or archaeological significance; or (0 Is designated in the Averaum Comprehensive Plan and/or Florida Master Site File. Section 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 statemem 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 eft]ciera management. (c) Reconanendation. 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 Conmfission 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 fi:om decisions of the City Commission may he made to the courts as provided by the Florida Rules of Appellate Procedure. The decision of the City Commission shall he fmal and remain in effect during the entire appeal process, unless stayed by a court of competent 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 exh~its and other Land Development Requlations City of Aventura, Florida Page 6-2 material as required by the City. 605.3 Decision of the City Commission~ 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 the 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 gram the Development Approval if the Applicant can show that a denial of the Development Approval will result in an unreason~able economic hardship. The City Commission, in granting a Development Approval, may require one or more of the following: 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 shall assist the City by making necessary inspections in connection with the enforcement of this subsection. The Department shall be responsible for promptly stopping any work attempted to be done without or contrary to any Development Approval required under this subsection; and shall further be respons~le for ensuring that any work Land Development Requlafions 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 Approv~ Violation and Penalties. Any person who carries out or causes to be carried 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 covering the same subject, the most restrictive requirements sl~tll apply. Land Development Requlafions 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 Play, and · ~'~ r~;~ ~, .... the City is divided into districts of such number shape and area, and of such common unity of purpose, adaptability and use tha are deemed most stfitable for the health, safety and welfare of the community_, so o.t~u~A ..... tO I~ ^^~A,,~+~A ,,,l*l-.; ..... 1., A:~,,,.;~+ ..... 1., .q,,.*l,, ...... 701.2 Division of City into districts. For the purpose of regulating the use of land, water, and building, ~form, population density, the intensity of use and provision of open space, the City of Aventura is hereby divided into the ibHowing districts: Conservation District (CNS) Residential Districts (R) Single Family Residemial (RS 1) Residential (RS2) Medium Density Residential (RMF3) Medium 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 Cemer (TC1) Industrial District (M) Light Industrial (MI) Land Development Regulations City of Aventura, 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 surface and land under the water ~ of all canals, intracoastal waterways, lakes and other water areas in the City not othem, ise 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 be 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. Zoning for Annexed Areas ^ n .... ~. .... a ........ ~ ;~,~ ,~.~ ,~:,.. ~.n, ~.~ . The City Commission at the time of annexation sl~xll 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 after the adoption of the Land Development Regulations, the City Manager sh~ll present for City Commission adoption a new Official Zoning Map_. Lhat ::.&:.:dca Land Development Regulations City of Aventura, Florida Page 7-2 701 ................................ ~ ............... Land Development Regulations 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 n~atural resources located within the district. This zoning district ~F~. may be applied to all land designated on the City's Future Land Use Map as water or parks and recreation. 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 carnping 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 i applicable water management and wildlife protection policies ofl local, state and federal agencies. (0 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 !and Land use Use plan ,Map designation. A residemial parcel's zoning designation shall be equivalent to the designation of the Furore Land Use PlamMap. The number of dwelling units permitted per gross acre of a zoning parcel, as defined in the LD1Ls_, shall not exceed the total number of dwelling units permitted by the City's ~omprehensive Plan designation for the zoning parcel. The uses within this district shall be consistent 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 Residential on the City's Future Land Use Pla': Map. A development parcel may have a maximum number of dwelling units based on ~adopted development orders or resolution~ 703.2 Residemial Single-Family Districts (RS 1). The following regulations shall apply to the~all RS1 district_s: 703.2.1 Purpose of District. The RSI zoning district is established for one - family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed eight-thirteen (813) units per net acre. 703.2.2 Uses Penuitted. 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) 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) Minimarn Lot Area: 7,500 square feet (b) Minimum Lot Width: 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 Land Development Regulations City of Aventura, Florida Page 7-5 15 feet on the side of the 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 Thc v: . oor ................ e, ~.~e, ......................... ~ 703.3 Single Family Residemial Districts (RS2). The following regulations shall apply to all RS2 districts. 703.3.1 Purpose of Dis~cts. 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 ~ (12)twenty-five (25) traits per net acre. 703.3.2 Uses Permitted Nc ' '!!ding 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: (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) Minimm Lot Area: 4,000 square feet (b) Minimum Lot Width: 40 feet. (c) Maximum Height: Three (3) stories, not to exceed 55 er 25 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 45% of the area of the lot. (e) Setbacks: Front Yards: Minimum of 18 1~0 feet in depth for a maximin 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. ............ 6 feet in width for_a Side Yards: Minimum of 5 c~,~ ~ mm of 50% ~ of the lot depth ........ Ia&nd I)evelopm~nt Regulationa City of Aventura, Florida Page 7-6 703.4 ...... tv ...... ~, .... , ......... ~. 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 unairconditioned areas shall be 1,500 square feet. ~z :r~%mum Multi - Family Medium Density Residential Districts (RMF3). 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 developmem 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, sbM1 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 Apartments (e) Mid Rise Apartments. (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) 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 be located on a lot not less than 20 feet in width, and 80 feet Land Development Regulations City of Aventura, Florida Page 7-7 in 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. (b) Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low and Mid Rise Apartments: 4 stones or 5. (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 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 Ap:q ~ments: 25 feet in depth. Rear Yards: Minimum of 25 feet. (e)-Floor Areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet. ~' ..... : .... (f) Minimum Distances Between Buildings: Smr~"ord 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 oflZstreet parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. (i) Accessibility: 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 following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. l,and Development Regulations City of Aventura, Florida Page 7-8 703.5 Multi Height of Building Floor Area Ratio 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.80 Family High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 districts: 703.5.1 Purpose of Districts. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compat~le medium-high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed sixty (60) traits 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) (c) (d) All uses permitted in the RMF3 district. High Rise Apartmems. 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 rights-of-way. 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) Laud Development 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 t?ontyard 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: Primmy 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 trait: 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 are~ Said open space shall be unencumbered with any structure or off-street parking, and shall he 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 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 1.20 6 story 1.40 7 story 1.60 8 story 1.80 9 story or over 2.00 l~and Development Regulations City of Aventura, Florida Page 7-10 Section 704 Business Zoning Districts 704.1 Purpose. These business districts are intended to provide for commercial developmem in conformance with the Comprehensive Plan and a!!c,w provide for a variety of zoning districts to accolranodate 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 sb~ll be consistem with, but mag be mom restrictive than, the corresponding Business and Office and Industrial and Office category permitted uses. 704.2 Neighborhood Business 031) 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 resident~ 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 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) 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 estabtishmem-~ and limited to the following: hardware, bakery, shoes, dairy, meat market poultry shop, bookstore, newsstand, tailor shop, florist, gill/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, artist studios and galleries, camera shops, small electronics and picture framing shop. (c) Personal services with each use limited to twenty-five hundred (2,500) square feet of total floor area per estabtishment-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,.,,~-~ u.~ ~"':'~;~"~o~.~,~, uses such as the following, limited to Land Development Regulations City of Aventura, Florida Page 7-11 704.2.2 704.2.3 twenty thousand (20,000) square feet per esmblishm~ 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. (13 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 from a service bar only provided no entertaitmaent 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. 0) Uses accessory to any of the above uses when located on the same plot. (k) All uses permitted in the CF district. Cond'rtional Use. The following uses may be established if first 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 enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following: Land Development Regulations City of Aventura, Florida Page 7-12 704.3 (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) Sales, display or storage of used merchandise other than antiques. (e) Sale of alcoholic beverages for on-premises consumption except with meals. (1) 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. (g) Purchase of used goods. 704.2.4 Limitations Of Uses And Structures. Except for automobile parking lots and play areas of day nurseries of public and private schools, all activities of meted 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 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 mea. 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 from 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 (B2) District. This district is intended primarily to provide ],and Development Regulations City of Aventura, Florid~ Page 7-13 for general commercial activity for a wide range of goods and services to the entire community and sub mgion~ 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 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 District subject to the requirements of that district as omlined 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 rc >ms :: ' pool moms (g) Dancing hall~ 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 hospitals 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 ofttoor 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. (c0 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, -~*~a .... ~,,~: ..... ,~ ...... which d~rectly serve the pubhc. (v) Liquor Package stores (w) Restaurant, night clubs, lounge, and catering. 1. Outdoor play equipmem: Play equipment areas shall be placed in walled-in or fenced-in areas only. The wall design and/or fence must be 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 l. The car ,-,'ash must be accessory 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 fi:om 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 (8) feet in height shall be required to screen the opening. The berm, together with any plantings, shall be a minimum of six (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) feet 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 Development Regulations City of AvenSura, Florida Page 7-15 704.3.2 conflict with the required Sight Visibility Triangle. (cc) Hand car washes are permitted as an accessory usc subject to the following conditions: 1. The car wash must be accessory to and operating as a secondary service oftbe 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 drainage l~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 tmits~ subject to the following: 1. The minimum plot area shall be two (2) acres. , 2. Any outdoor recreation areas including swimming 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 ora 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. (ce) 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,i sightseeing, pleasure or fishing trips. · Automobile washing. a Self storage facility. · Heliport landing sites · Auction sales. · Indoor commercial recreation uses including, but not limited to: theater, bowling center, miniature golf, skating rink, health clubs and physical fitness facilities. 2 Any ""+'~ ......... "; ....... ;~'"~;~- ':~; · l,and Development l{egulations City of Aventura, Florida Page 7-16 Service stations, subject to the following regulations: 1. The minimum lot area shall be twenty thousand (20,000) square feet. 2. The minimum frontage 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 lints shall ,~ fifty (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 hall' 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 uniform 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 ali 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 L~.nd Development Regulations City of Aventura, Florida Pa~t~ 7-17 704.3.3 704.3.4 building. No major repairs shall be including air, water or vacuum). · Uses that exceed the height limitations. performed (not 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) 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 fi'uit 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 fi'om 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-ak 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 materia ........... :, ~.~: ..... r:, v .............. , ,~.~ · h ..... :~-o :~ ,s. ..... n No machinery supplies 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 Development Regulations City of Aventura, Florida Page 7-18 704.3.5 from 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 intemally 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 items to be carried 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. c) Outdoor seating area when utilized as an accessory use to a restaurant. d) P'lay areas of day nurseries:or public or private schools. e) Any drive-thru business. f) Refueling areas of vehicle service stations. g) Tennis, racquetball, squash and handball courts swimming pools, and running tracks, and outdoor seating areas appurtenant thereto. h) Overhead doors or other openings larger than eight (8) feet in width and eight (8) feet in height shall not be located on the front or immediate 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. 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. 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 shall 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 less t?~ to a minimum of 25 feet. Land Development Regulations City of Aventura, Florida Page 7-19 704.4 (c) Minimum Lot Area and Width: There shall be no minimum required width or area of plot except as otherwise provided. (d) Setbacks: Except as otherwise provided every plot shall have a fi:om 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 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 residentiallv l zoned district, street or alley. Heavy Business (B3) District. This district is intended to provide locations for planned commercial centers, sbaring 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 itself.. 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 arterial roadways, particularly major arterials. 704.4.1 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 mere 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. I~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 fi:om public view fi:om thoroughfares 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 tz an additional maximum height of 1 O0 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 fi:om 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 I)evelopmenl Regulations City of Aventura, Florida Page 7-21 704.4.4 704.4.5 The distance and spacing requirements 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 front 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 hqyraries, day care cen*.~s 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~xt 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 instimtioas, museums, art exbSbits, 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 or construction equipment. 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 effectively screening such use from outside direct view at ground levels. b) Seating area when utilized as an accessory use to a restaurant. Land Development Regulations City of Aventura, Florida Page 7-22 704.4.6 c) Motor vehicles sales or rental 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) Commercia! marinas. j) Recreational uses. k) Storage area in this district may be provided outside an enclosed building providing the storage area is comained 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. The following specific uses shall be permitted only when the entire site so utilized is not closer than three hundred (300) feet l~om an "R" District: a) Cabinet and carpenter shop. b) Heating and air conditioning contractor 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 comiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this Code. Site Developmem 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) percem 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: No building or structure shall be erected or altered to a height exceeding 20 stories or 200 ! ~ feet. That portion of a building or structure within 200 feet of any residemial zone shall be subject to a height limitation of 1 foot in height for every 2 feet in distance fi~om the residemial zoned plot I~and Development Regulations City of Aventura, Florida Page 7-23 704.5 (c) (d) unless the application of this requirement would limit the building height to a mum 25 feet. Minimum Lot Area and Width: There shall be no minimum required width or area of plot except as otherwise provided. Setbacks: Every plot shall have a firont 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. Office Park (OP) District. This district is intended to provide for high-quality, semi-professional and professional offices in a campus setting reflecting creative design and environmentally compatible use of space and perimeter buffer areas. This zoning district may be applied to land designated Business and Office and Industrial and Office on the City's Future Land Use Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office and Industrial and Office category permitted ~ USES. 704.5.1 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) Laboratories for scientific 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 the office park. The accumulative total of all accessory uses shall Land Development Regulations City of Aventura, Florida Page 7-24 704.5.2 704.5.3 704.5.4 (g) (h) be limited to a maximum of tifteen (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. All uses permitted in the CF district. Hotels, motels, resorts and time share units, subject to the following: 1. The minimum plot area shall bo one and a half (1.5) acres. 2. Any outdoor recreation areas including swimming pools shall be located at least twenty-five (25) feet fi.om the plot line of any adjacent residentially zoned property and screened fi:om any such adjacent properties in accordance with the landscape code. 3. The minimmn floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a ,:ustomc:' 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 thru bank facility Uses Prohibited. Except as specifically permitted in this section, the following uses are expressly prohibited as either principal or accessory uses: (a) Residential uses. (b) Adult entertainment. (c) Retail and non-marine industrial uses. Site Development Standards. (a) Minimum Lot Area and (b) (e) Width: The minimum fi'ontage requirements shall be one hundred (100) feet, with a minimum lot area of one and one half (1.5) acres including right-of-way dedications. Maximum Height: No building or structure, or part thereof shall be erected to a height exceeding 10 stories or 120 feet, whichever is less. 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) w.v-,jmr~Q~ for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and I~and Development Regulations City of Aventura, Florida Page %25 704.6 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. 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 depth. 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 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. 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 Usc Map, however the uses within this district shall be consistent with, but may be more restrictive than, the corresponding Business and Office category permitted uses. 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 (f) 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 drags 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 ora rental sleeping room in a motel or hotel, which includes all areas to be Land Development Regulations City of Aven~ra, 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. Thc 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 btfildings 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) ~LF 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 emertalnment. (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 fi:ontage 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 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 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 I~xnd Development Regulations City of Aventura, Florida Page 7-27 704.6.5 cotmted 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. Limitations 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 comained in the LDR~ Land Development Regulations City of Aventura, Florida Page 7-28 Section 705 Town Center District 705.1 Purpose. The purpose and intent of this district is to provide suitable sites for the development of stmctures 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 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~ sh~tll 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) 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 conanercial 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 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. I~and 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 prohibited as either principal or accessory uses: (a) Any use not specifically permitted. (b) Adult entertainmem establishments. (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 bom 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 permanem substantial buildings. (f) Any drive through service facility. Site Development S¥ ~exds. (a) Minimttm 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. (f) 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 necessary 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 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. Land l)evelol?ment Regulations City of Aventura, Florida Page 7-30 705.2.6 705.2.7 705.2.8 Efficiency units shall not exceed 40% of the total number of residemial units within a building. (h) 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 common open space a minimum of one- half' shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan, The remaining om-half may be used for recreatiom~ facilities, amenities, pedestrian walks entrance landsevping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. Accessibility. All residemial 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 commercial space. Allocation of Interior Space. Retail stores, personal serv/ces, banks and financial services, indoor commercial 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 from adjoining properties. Land I)evelopment Regulations City of Aventura, Florida Page 7-31 ;ection 706 Industrial Zoning District 706.1 Purpose. The industrial district is intended to provide for light indus'trial 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 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 Industrial and Office Land Use Plan category permitted uses. 706.2 Light Industrial District (MI). The following regulations shall apply to the MI 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, const; :tion, 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 mom of the following specific uses provided the requireinents 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. 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 primmy industrial use in the district. (m)All uses permitted in the CF district. l~and l)evelopmen~ Regulations 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 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 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 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 aCCOlmnodate plant tours. (b) Book, map and gilt 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 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 enviromnental 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 facility. Land Development Regulations City of Aventura, Florida Page 7-33 706.2.6 706.2.7 Uses Prohibited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory us~s: (a) Foun& y. (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 tracks for parts sales. (e) Recycling or processing of construction and demolition debris materials recycling facilities. (13 Paint or varnish manufacture. (g) Oil compounding or barreling. (h) Die casting. (i) Meat processing, slaughtering. 0) Fish smoking, curing and canning. (k) irport (1) Bus storage or repair facilities. (m) Manufacture of asphalt, brick, tile, glues, cement, llme plaster, concrete or products thereof, acids, carbon, plastics, disinfectants, poison, insecticides and batteries. (n) Open air storage in bulk of asphalt, hick, 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 specitically 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 entertainment. 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 immediate streetside elevations of buildings. However, on comer and double frontage lots said Land Development Regulations City oi' Aventura, Florida Page 7-34 706.2.8 706.2.9 doors shall be permitted behind a 6 foot decorative masonry wall with doors froming 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. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to comer and double frontage lots. Site Developinent 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 erected or altered to a height exceeding three stories or forty five (450) whichever is less. (c) Setbacks: Frvnt -25 feet. N,) 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) Minimm 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 mol 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 thereo~; shall he erected or use& in whole or in part, in any manner that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as it 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 l~and Development Regnlation8 City of Aventura, Florida Page 7-35 automotive vehicles, anless area used for such outside storage is effectively screened from the direct view at ground level fi:om any street or fi:om adjacent property. Said screening shall form a complete opaque screen up to eight feet in vertical height. Said screening n~y 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 throe (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 pemaitted between a fi:ontage street and the building line unless behind a 6 foot decorative masonry walk 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 walk finished in a mapner consistent ~ith the structure and landscaped with a continuous hedge and trees on each elevation of the wall. All other fuel tanks, regardless of type will be located underground. There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of servicing vehicles used in the regular course of business and for back-up generator day tanks. (e) All improved land shall be well graded and flee from underbrush and objectionable plant growth. All unimproved land shall be kept flee 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 (f) All property shall be kept flee fi:om mbbish or debris. All buildings shall be kept painted and protected fi:om 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, enjoymem, health or safety of the commtmity or the abutting areas or create a disturbance or annoyance. I~and Development Regulations City of Aventura, Florida Page 7-36 Section 707 Community Facilities Zoning District 707.1 Propose. The Community Facilities (CF) District is intended for those uses of institutional character such as houses of worship, schools, govemment 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 Future Land Use Map. 707.1.1 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 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. (0 Cultural, civic and commtmity centers. (g) Municipal Government, administration, services and maintenance facilities. (h) Police and fire protection facilities. (i) Uses generally accessory to the above principal uses. 707.1.2 Conditional Use. The following uses if 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. · ALF. 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 Land Development RegulalAons 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 -25 feet. No parking areas shall be located within 30 feet of any residentially zoned property or within I0 feet of any street linc. Side Street - 30 feet. Rear -20 feet. Rear, fi~om edge of water- 10 feet. Adjacent to any RS or RMF Districts - 30 feet. I~&nd I}evelopmeng Regulations (~ity 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 ?assive 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 use. (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 minimum 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. Adjacem to any trafficway 75 feet. Land Development Regulations City of Aventura, Florida Page 7-39 ¢ection 709 Utilities Zoning District 709.1 Purpose. The Utilities District (U) is intended to provide for all public utility uses. This zoning district n~y 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) Welifields. (c) Electrical utility substations. (d) Public utilities. (e) Communication facilities. (f) Railroads. (g) All uses permitted in RC' 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~nd Development Regulations City 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 l,ight Track, New Sales Agency or Rental. shall be permitted only upon approval after public heating in any business or industrial zoning district and subject to the following conditions: (a) That a continuous, densely planted greenbelt of not less than ill'teen (15) feet in width, penetrated only at points approved by the Communk~y Development Director for ingress or egress to the property, 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(2l/2) inches at time of['! qting. (b) That a decorative masonry wall at least five (5) feet in height shall enclose the vehicle storage area and repair area, approved through public hearing. The placement of said wall, and openings through same shall comply with the requirements contained elsewhere in this chapter. (c) That all outdoor paging or speaker systems are expressly prohi~bited. (d) That no repair work of any type is permitted on premises unless approved after public hearing. (e) That used vehicle sales shall be permitted as an accessory use providing said vehicles are in good condition, late model and operable. (f) All outdoor display areas and visitor parking areas shall be clearly designated on an approved site plar~ 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 rate provided for in the Parking and Loading Requirements. 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 Land Development Regulations City of Aventura, Florida Page 7-41 710.4 710.5 710.6 710.7 710.8 710.9 710.10 710ill 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 adjacem properties. Drive-thm Windows. All uses which provide chive-thru service shall meet the design requirements contained in the Parking and Loading Requiremems. 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 Residemial. Multi-family residential projects shall be under the unified control of a single person, as dzfir~.~ Ln thc LDP,, homeowners association or condominium association. Outdoor Sales. All sales, servic, 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 from adjacent properties by the required bufferyard of this code with the addition of a finished concrete wall. Rehabilitation Cemers. 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. L~nd Development Regulations City of Aventur&, Florida Page 7-42 On site mitigation for a development project is a permitted use. I~and 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 maintained 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 existed 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 operator of any building, structure or use affected by this section to discominue, change or dispense with, or to cause the discontinuance or reduction of the required parking facilities apart fi:om 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 unlawlid for any person to utilize 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 he located on a separate parcel not more than 300 feet fi:om the use they are intended to serve provided the owner [~and Development Regll|ations City of Aventura, Florida Pagg 8-1 801.1.3 801.1.4 801.1.5 of said parking areas shall enter into a written agreement 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 building the parking area serves so long as these parking thcilities are required. Said agreement shall be recorded at the expense of the owner and shall nm with the land and shall bind the heirs, successors, and assigns of said owner. Sn:~ .... ~ ..^:~a ~.., ,~ t-~.. ~ ...... approving off-site parking, the City Manager must find that the off-site parking facility is reasonably located in relation to the use it is intended to serve, based upon such fact,.rs as the type of tacillty, likely purpose of the trip to the facility, distance l~om the use intended to be served, and any physical barriers which must be crossed to reach the use to he served. Parking spaces hacking into a main drive aisle adjacent to the fi'ont of buildings shall he 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, required 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 he provided in accordance with Chapter 553, Part V of the Florida Statutes, as amended ti'om time to time. Parkin~ Spaces For Persons Transporting 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 tbxn single-family, duplex or townhouse. (a) The following number of spaces are recommended: Regular Stroller Spaces Spaces Up to 100: 101 to 500 501 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 he located as closely as poss~le to parking spaces designated for the physically handicapped and/or disabled persons; provided however, parking spaces designated for the physically handicapped and/or disabled Land Development Regulations City of Aventura, Florida Page 8-2 persons must take precedence. Where no parking spaces designated for the physically handicapped and/or disabled persons have been provided, parking spaces for persons transporting young children and strollers should be located on the shortest access~le route of travel from adjacent parking to an access~le entrance. (c) 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 entitled "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 sign. 801.1.6 Size and Character or Re~fi~ 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 fi:om all obstructions. All two car garages shall provide two parking spaces consisting of an 18' X 18' tmobstmcted space. Striping. All parking spaces shall be divided with painted double lines 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) Accessib'dit~. In all zoning districts, the width of access aisles and driveways shall be substantially 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 VARIOUS _%IINIMUM SPACE REQUIREMENTS AT PARKING ANGLES FOR SELF-PARKING FACILITIE~ PARKING PARKING STALL AISLE CURB .:LQ' 9,0' .~ 6.S.: ~.o' ~s.o' ~ ~5' .~,0~ ~ 9 ~o' ~ ~.o' ~ ~ 3' $~ ,o' ~' 9.0' ZO,1 ' 18.o' t;~3,4' ~,~: ~' s.o' ts.o' ~ ~,0' 6o,0' Figure 801 - I Lxnd Development Regulations City of Aventura, Florida Page 8-4 PAP,/C~G 8T.~T,T, 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 d~_ricts shall be surfaced with concrete. Except where specified above, parking facilities, including access aisles and driveways, shall be surfaced with brick, asphalt or concrete surfacing roa~ntained in a smooth, well-graded condition~ (0 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 pedestrians 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 high. (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. Lateral islands separating parking spaces must be provided at least every nine (9) spaces in widtk 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 of ten (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 Land Development Regulations City of Aventura, Florida Page 8-6 g01.2.2 801.2.3 801.2.4 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 more 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 (1) parking space in a fully enclosed, attached private garage. Conversion of the garage into living area is prohibited. (b) Exterior Spaces. Each dwelling unit shall provide a minimum of one (1) unenclosed parking space. Dwelling units with four (4) or more bedr( 0ms ',I provide two (2) unenclosed 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) unenc4osed parking spaces shall be provided for each efficiency unit or one ( 1 ) bedroom unit. (b) Two (2) v, nenclc~ocd parking spaces shall be provided for each unit with two (2) or more bedrooms or one bedroom unit with den or study. (c) In addition to the above, multiple-t~m~ily btfildings 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 Residemial Buildings (a) Dormitories, fraternities: One (1) parking space for each bed. (b) Hotels and motels, including clubs: One (1) parking space for each sleeping room. If; in addition to sleeping rooms, there are 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 from the hotel/motel to the extent of.' (1) Thirty-five percent (35%) of the required off-street parking for retail stores, offices, services, establishments, bars, restaurants, dining rooms, night clubs or cab~ets. (2) Fifty percent (50%) of the required off-street parking for I~and Development Regulations City of Aventura, Florida Page 8-7 conference facilities, ballrooms, banquet halls, meeting! rooms or auditoriums. (c) Housing for elderly requiring little or no special care, including retirement communities or adult retirement communities: one ~.~ oae-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 facilities, extended care facilities and long-term care facilities: O,xee-qaaae~ 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 (015) parking space per bed ~d one (1) parking space per employee on day shift. Integrated living facilities for the elderly incorporating multiple care environments, including continuing care ret'n'emont corranunities: parking requirements to be calculated from individual components based on (c) through (e) above. 801.2.5 Non-residential: Amusement and recreational facilities. Amusement center, general Baseball/softball diamonds Auditorium Batting cages Billiard/pool center Bowling cemer Cinema/movie theatre Community Centers (nongovernmental) Courts, omdoor (tennis handball, mequetball, etc.) Dance hall Dance school Golf course ! space p~ 4 ~oczt: er 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. 1 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, lounge and retail component. 1 space per ~ 3 seats. 1 space per 200 250 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 fcet GFA. 4 8 spaces per hole, plus driving range and clubhouse facilities (retail, restaurant, etc.) Land 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, conxnercial 2 spaces per tee station. ~ 5 spaces per court, plus spa, restaurant, lounge or retail. 5 spaces, plus 1 space per for each 2 slips, plus 1 space for each $10 dry storage spaces, plus 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. I 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, (~ .~'taurant 801.2.6 Community centers Child or adult care facilities Day care facilities Fraternal btfildings, lodges, union halls Colleges and tmiversities, business and professional schools Non-residential: Community and educational facilities. 1 space per 290 250 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 adu] per student OR 1 space per 10 seats of largest assembly mom (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 I space per classroom -~"~ ~ ov ..................... 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. 10 spaces plus 1 space per classroom plus 1 Land Development Regulations City of Aventura, Florida Page 8-9 School voc~bnal space for each 5 students OR I space per 10 seats of largest assembly room, whichever is larger. 5 spaces plus I space per classroom plus 1 space per student. 801.2.7 Building supplies, sale of Contractor shops (general, electrical, pluming, roofing, ak 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 rental 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 fL'et GFA. 1 space per 800 square f~et GFA. 1 space ~ er ~.00 500 square feet GFA. 1 space per 400 500 square feet GFA. 1 space per 500 square feet GFA. 1 space per 400 500 square feet GFA plus 1 space per each 2000 square feet of display or storage. I space per 2,000 5000 square fL. et GFA plus 1 space per 300 GFA for office plus 2 spaces for living quarters. 1 space per gOO 1000 square feet GFA. 801.2.8 Non-residemial: Offices, medical and prot~ssional. (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 1 space per 350 300 square feet GFA. space per 300 square feet GFA. space per 300 square feet GFA. space per 300 square feet GFA. space per 500 square feet GFA. 1 space per 100 square feet GFA. 1 space per 300 square feet GFA. I space per 300 square feet GFA. 801.2.9 Large office buildings. A large office building must meet the following criteria: 1) Contain 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 Page 8-10 minimum of two thirds (2/3) office uses; 3) Exclude cinemas theatres. a) One parking space fbr each three hundred (300) square t~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 for seven and one halfpercem (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 Centers" subsection) Bars, beer gardens, cocktail lounges, pubs, taverns, nightclubs. Cafeterias Coffee and pastry store, coffeehouses Delicatessens Fast food restaurants Ice cream parlor Restaurants, traditional 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. I space per 150 200 square feet GFA. Open air seating for restaurants and bars shall be calculated at filly percent of the square footage of the area. Open air seating is defined as follows: (a) Any seating area which is not air-conditioned ;;Sthwut a kcatkng oveooting-ar~ 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 limited to, canvas or screening. 801.2.11 Non-residential: Retail stores and personal services. (For stores in shopping centers over 40,000 square "Shopping Centers" subsectiorr) Art galleries Animal hospitals, veterinarians Auction galleries I space per 350 square feet GFA. see: offices and medical offices 1 space per 250 square feet GFA, or 1 space Land I)evelopment Regulations City of Avenlyura, Florida Page 8-1 1 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 Fumiture stores Funeral homes, mortuaries Grocery stores Hardware stores Laundry, self service Liquor store, package stores Marine supplies Service station Swimming pool supplies All other mtail uses I per 3 seats in assembly or auditorium area, whichever is larger. 6 spaces for first machine, 4 spaces (stand[ alone) for each additional 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 299 300 square feet of interior area (not including service bays) plus I 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. 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 dryer. 1 space per 150 square feet GFA. 1 space per 300 square feet GFA. See: automobile service station. 1 space per 300 square feet GFA. I space per 200 250 square feet GFA. Land Development Regul&tlons City of Aventura, Florida Page 8-12 801.2.12 801.2.13 Non-residential: Large Shopping Centers. (a) Shopping centers 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 ?".~,ab!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 any combination of the following uses2 Bars, Beer Gardens, Cafes, Cafeterias, Cocktail lounges, Convenience stores, Night clubs, Restaurants, Taverns, Theaters. At the discretion of the Community Development Director, shopping centers utilizing the generalized parking values may be required to enter into a covenant or other site plan restriction mandating adherence to this requirement. (b) Sho centers may a approval of shared parking. The petition for shared parking shall include an 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 utilizing shared parldng may be required to enter into a covenant or other site plan 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 Land Development Regulations City of Aventura, Florida Page 8-13 801.2.14 largest assembly area. for~.~' ~.;c~" t~v/rcm ~"~ ......c~,.,.., of (b) Parking roi' passengers of cruise boats, charter boats, water taxis or ferries: One per seat capacity of boats served. ~v?,g~:~cn cf Calculating Required Parking Spaces: (a) Uses not specifically mentioned: The requirements for off-street parking for any umpec-if~ 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 nmber of required off-street parking spaces result in requirement offi:actional space, any such fi:action 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 uses 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 proposes of this chapter, Gross Floor Area (GFA) shall mean the floor area inside of the exterior walls I,and Development Regulations City of Aventura, Florida Page 8-14 801.3 including elevators, stair wells, common corridors, trash rooms, common lobbies, common rest rooms, 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, ancilhry 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 stad~xms, L, :a arenas, places of worship and other places of assembly in wNch 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. Use Of Permitted Facilities. 801.3.1 Permitted Use. Parking spaces approved in accordance with this chapter may be used for the intermittem 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 used for any purpose related to the use of the building it serves, subject to the conditions hereinafter set forth. ~-"; ...... ~'~ 801.3.2 Limitations On Use Of Required Parking Facilities. The following 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 agreement approved by the City in accordance with this chapter. (b) Storage, repair or display of any vehicles, equipment or merchandise, except as may be approved by the City through a Land Development 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 Loading. 808.4.1 General Provisions.: Adequate space for loading and unloading of materials, goods or things, and for delivery and shipping, shall be provided and maintained on the same 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 hll 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 access~le fi.om a street or alley without crossing or entering any other required loading space, and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Such loading space shall also be accessible fi.om 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, funeral home, laundry, dry cleaning establishment or similar building or use which has an aggregate gross floor area off 5,000 square feet to 25,000 square feet - 1 space 25,000 square feet to 60,000 square feet - 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 fbet over 290,000 square Land t)evclopment Regul&tion8 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 off 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 off Over 20,000 square feet ~at not over 40,000 square t~et - 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 for 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 from 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 I~and l)evelopraent Regulations City of Aventura, Florida Page 8-17 stripe& marked or otherwise distinctly delineated. A separate and distinct escape _A public street or alley shall no~t be counted as an escape lane. Drive-through lanes and escape lanes shall not contlict, 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 Auxiliary Stacking Automatic Teller Machine Bank Car Wash Gatehouse Laundry, Dry Cleaners Pharmacies Restaurant Video rental 4 per ser,':ce 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 1 per service lane 1 per service lane 2 per service lane 1 per service lane I per service lane 1 per service lane 2 per service lane 1 per service lane Land Development Regulations 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 mdins of two intersecting streets, or be closer than twenty five (25) feet to thc intersection of extended fight-of-way lines. Driveways for multi- family and non-residential parking lots shall not intersect a street comer radius, or be closer than fifty (50) feet to the intersection of extended right-of-way lines. 802.3 Separation Between Driveways. 802.3.1 Residential Lots. Driveways fox' 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 residemial parcels and non-residential parcels on collcetor roads shall be separated by no less than one-hundred-fifty (150) feet of landscaped fi.ontage. 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 o f landscaped fi.ontage. 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 thirty (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, qUne total number of driveways allowed shall be limited to the number allowed by the plat, or the approved site plan. (c) Non-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. Large Shopping Centers and Large Office Buildings 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. The total Land 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. Minimum 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) feet 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 residemiak 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) Multifamilv Reside~.,tial -- Ten ('t0) feet or the buffer yard requirement comained in these regulations, whichever is greater (c) Non-Residential -- The width of a required buffer yard, or if no butter yard is required, ten (10) feet to another non-residential parcel or fffieen (15) feet to a residential parcel. Paving. Driveways shall be paved with a hard, dust-free paving material complying with the South Florida Building Code, as amended fi:om 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 TrJangles. All driveways and street intersections shall provide clear sight triangles in both directions as follows: 804.8.1 Measurement. 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 fi.om the intersection of two major streets. Major Street/Local Street. Twenty (20) feet along the right-of-way lines fi:om the intersection of a major street with a local street. (c) Two Local Streets. Twenty (20) feet along the right-of-way lines fi.om the intersection of two local streets. (d) Driveway/Major Street. Twenty (20) feet along the right-or:way l~and Development Regulations City of Aventura, Florida Page 8-20 (e) 802.8.2 lines from 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 from a height of thirty (30) inches to a height of eight (8) feet above the crown of the street. Vegetation shall be tdmr~d so that no limbs or foliage extend into the required vis~ility area. ]~and Development Regulations City of Aventura, Florida Page 8-21 Chapter 9: SIGN REGULATIONS Section 901. Sign Regulations 901.1 Intent and Purpose. The 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 is 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) Compat~le with t?:ir st ..... ndings. (b) Expressive of the identity of individual proprietors or of the community as whole. (c) Legible under the circumstances in which they are seen. (d) Effective in indexing the environmem. (e) Conducive to promoting traffic safety by preveming visual distraction. 901.2 Definitions The following words, terms and phrases, when used in this article, shall have th meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Sign: A Sign is considered abandoned if 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 emirely fi.om the exterior wall of a building and composed of a non-rigid material, and a supporting fi'amework. 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 City 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 hacking. 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 right-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, flame or other device. Bunting: Any kind of pennant, streamer or other similar fabric decoration. Building Frontage: The horizontal distarme 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 use~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 fimction or event of a non-profit organizatiom civic evem or meeting, or other similar activity ora temporary nature. Construction Sign: A Sign containing information relating to improvements to existing building or to new construction such as the project name, names of a general contractor, architect, engineer or similar firrrr 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 Departn~nt. Directional/Instructional Sign: A Sign that guides or directs the public and Land Development 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 off~ce 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 of art, and other landscape ele -~ents, 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 hack-lighting) which are not part of the Sign. All Externally Illuminated Signs shall have the illumination device fully screened from view. Facade: The front face ora bu~)'ag fi.om the ground to the roofline. Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a 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 fi'om a covered structure projecting from, 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 units of a similar design for sale or rent. Monument/Ground Sign: A stone, masonry or stucco Sign mounted on a freestanding 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, o~fice 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 City 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~ Oil-Premise Sign: Any Sign advertising a comrn~clal establishment, 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 shall not be considered an Off-Pmnfises Sign. 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 th: outside ~ all of any building. Parapet: A false front or wall extension above the Roofline of a Principal 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 independem of any building and/or other structure for support. Portable Sign: Any Sign not permanently 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 fi.om 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 City of Aventura, Florida Page 9-4 time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a Reader Board. RealEstate Open House Sign: A Portable Sign indicating property for rent, 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 appointmem only or such similar announcement. Residential Zoning District: An area containing land zoned for residential development. Reverse Channel Letter Sign: Opaque individual letters, ntunbers or logos 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: 13ae 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 depender~t 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 frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for idemification, ifformationa I advertising or display purposes in a permanent or temporary nature. I Merchandise vehicles or equipmem 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 flaming. When a Sign is composed of individual letters, symbols or logos only, the Sign Area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and logos, 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 maximum height, times width. Sign Height: The height of a Sign measured from 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 ~eely, 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 901.3 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 corner locations. Time and Temperature Sign: A display containing illuminated numerals flashing alternately to show the time and/or temperature. Traffic Control Sign: Any sign found in the Manual of Uniform Traffic Control Devices as rmy be amended from time to time. Vehicle Sign: A Sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and cmnpers for the purpose of identification 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 Sign. Wall Sign: A Sign wLich is affixed to~'-or painted on and flat against an exterior walk fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. V~qndow Sign: A Sign attached to or painted on the inside of a storefront window or door. Prohibited Signs The following are prohibited: a) A Sign that significantly covers, interrupts or disrupts the major architectural features ora building. b) Abandoned Si~s. c) All Signs which display services or products as opposed to the business Barfle. 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. g) Any Signs that could be confused with a Traffic Signal or Traffic Sign. h) Any Signs that in the opinion of the City Manager constitute a safety hazard. i) Attemion-Getting Devices. j) Balloon Signs. k) Bare Bulb Signs. 1) Billboards, other than those lawfully 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 translucem and the Sign face is opaque. n) Buntings. Land Development Regulations City of Aventura, Florida Page 9-6 901.4 o) Bus Bench/Shelter Signs. p) Changeable Copy Signs except as specifically permitted under this Section. o0 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 of a sign located in an area with a parapet may extend above the roofline. x) Any Signs illuminated fi.om outside the boundaries of the Sign unless the source of illumination is not visible fi.om any abutting right-of-way or any adjacent property. y) Pole Signs. z) Portable Signs, except as specifically permS,ted 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 pron~tional Signs. 1t) 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) Sig/ts with raceways unless approved by the Community Development Director for those situations where there is no alternative method. ii) Snipe Signs. }j) 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 Sig3as 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-residemial buildings -- address numerals at least ten inches high. (f) Handicapped parking and handicapped access Signs: In accordance with state handicapped parking and Federal Disabil/ties 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. c) d) e) g) h) i) J) Other Signs / No permit required The following Signs may be placed without the filing of an application for the issuance of a pemfit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other mgtdations 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) Temporary 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. 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 Signs in residential districts when letters for said Signs do not exceed three (3) square feet in Sign Area. Nameplate Signs in non-residential districts on the rear of the building ~vith 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 all provisions of this Section and when said Sign Area does not exceed three (3) square feet. Changes of copy in permitted Changeable Copy Sign. 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) mnltifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are p~ of a larger development, there shall be only one Development Identification Sign on each public street frontage of the development. Approvals Necessary: Number (maximum): City Manager 1 Monument Sign (or Sign mounted on perimeter wall) per street frontage indicating the name and address of the complex, except 2 are permitted where atlached to wall of symmetrical Entrance Feature Sign Copy Area (maximum): 32 sq. ft. (aggregate if2 Signs) Sign Height (maximum): 8 ft. Land Development Regulations Cily 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 ft. ~um right-of-way, 15 ft. from side property line Externally Illuminated Signs ooly. 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 tlfn~y-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, sop~.te permits required 4 sq. ft. each No -4vertising copy. Logos may cover no more than 25% of the Sign Area. Nonresidemial 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 Cemer 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, fi'eestanding or monument Sign. Approvals Necessary Number (maximum); City Manager 1 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. ft Sign Height (maximum): 8 ft. Setback (minimum): From right-of-way line: 6 ft. From side property line: 20 ft. Illumination Externally Illuminated Signs or internally illuminated letters or logos only. Land Development Regulations City of Aventura, Florida Page 9-9 Supplemental provisions: Option on number of Signs if parcel has 300 or more feet of Parcel Frontage and two two-way access points on different public Logos may cover no more than 25% of the Sign Area. Time and Temperature Sig~ authorized within total permitted Sign area. Landscaping and visibility sight triangle on comer lot. Changeable Copy Sign 2 Signs, aggregate area not to exceed 72 sq. fi. 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): I per groand 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 Monument 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 I lineal R. of Tenant Frontage for each Sign located within 300 ft. 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 fi. 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 Ciiy of Aventura. Florida Page 9- I 0 (c) Canopy Sign: Approvals Necessary Number (maximum): City Manager 1 per establishment Sign Area (maximum): 4 sq. ft. Minimum clearance ground: Must be rigidly attached above 8 fi. Approvals Necessary City Manager Number (maximum): 1 per establishment Lettering 1 line; le'~ters not to exceed 9 in. in height Logo Maximum of 6 sq. fi. (e) Directory Sign: Approvals Necessary Number (maximum): Sign Area (maximum): Location City Manager 1 per Multiqenant 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 courtyard) lllmination Externally or Internally Illuminated Signs. (0 Window Sign (permanem): Approvals Necessary City Manager Number (maximum): 1 per establishment Sign Area (maximum): 4 sq. ft. llhm6nation 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. ft. Height (maximum): 3 ft. 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 City of Aventura, Florida Page 9-11 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. 1. Detached, Free Standing or Monument Signs may be located at each entry drive onto the Regional Mall property fi.om any abutting public right- of-way. Approval Necessary City Manager Number (maximum) 1 per access drive 1 per each establishment which is located adjacent to the public fight-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/arm having copy and not include any side without copy on architecha-al features or shaped Sign such as cubes, squares or other geometric shapes. See No,, sidential Sign requirements. Sign Height (maxhnum) Mall Property Entry Free Standing Establishment 15fi. Sec Non-residential Sign requirements. Setback (maximum) Mall Property Sign Frec Standing Establishment 6ff. Illumination Extemal or intx-mal 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 fi.om the Mall property such as major restaurants or theaters Approval Nceessa~ Number (maximum): City Manager I for each exterior wall for a tenant 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. 1 per tenant for other tenants that provide direct access from the Mall exterior: f=: t:=.:: E:;'~nT, ~:::: ac:R: Sign Area (maximum): Major tenants (minimum 100,000 square fee~ of floor area) 500 sq. IL; Lettering not over 12" located on a wall, overhang or canopy which designates specific uses of a 100,000 sq. lt. tenant shall not constitute a Sign for Land Development Regulations CiW of Aventura, Florida Page 9-12 purposes of this Section. Exterior Access tenants 75 sq. 11. Illumination Reverse or channel letters or external illumination. 3. Canopy Sign: Approvals Necessary Number (maximum) Sign Area (maximum) Minimum clearance wound Must be rigidly aimched City Manager 1 per establishment 4 sq. 11. above 8 feet 4. Awning Sign: Approvals Necessary Number (maximum) Lettering Logo City Manager 1 per establishment 1 line; letters not to exceed 9 inches in ht. Maximum of 6 sq. fl.. 5. Window Signs: Approvals Necessary Number (maximum) Sign Area (maximum) Illumination City Manager I per establishment 4 sq. ff. Internal or external illumination 6. Directional Signs: Approvals Necessary City Manager Number Approval as part of a site plan; if not approved as part ora 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. 11. 91l. Only 100,000-sq. ff. tenant identification, name and/or logos allowed. Logns 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 requirements 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 Laud Development Regulations CiW of Aventura, Florida Page 9-13 Sectior~ Any Non-conforming, legally permitted 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 are made thereto except for change of copy. The courtyard area may have entry Signs and logos to identify 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. R. Sign Height (maxitnum): Primary Sign 15 lt. Secondary Sign 13 fi. Setback (minimum): Right-of-Way 6 IL Side Property Line 20 lt. Shall not be closer than 50' to another Detached Monument Sign Illumination External, or internal illumination of letters end Iogos only. 2. Wall signs Approval Necessary Number (maximum) City Manager I per elevation Sign Area (maximum) 1 sq. fl. for each I lineal fi. of elevation fi'onta 901.8 Illumination Reverse or channel letters or external illumination. Temporary Signs The following Temporary Signs are authorized in the City: (a) Grand opening Banner: Land Development Regulations City of Aventura, Florida Page 944 Approvals Necessary Number (maximin): Sign Area (maximum): Sign Height (ma, dmum): Length of display Frequency Other Restrictions Number (maximum): Sign Area (maximum): Sign Height (maximum) Setback (minimum) Length of Display Other Restrictions Approvals Necessary Number (maximin): Sign Area (maximum): Sign Height (maximum): Setback (minimum): Length of display Nonresidential District City Manager 1 per project Nonresklential District City Manager 1 per establishment per calendar year in a Multi-tenant Center 30 sq. IL 30 sq. ft. 4ft. 4ft. 14 consecutive days after issuance of 14 consecutive days aJ~er issuance of initial occupational license initial occupational license l per year I per year Sign copy shall only include "Grand Opening" and the Name of the Project. Signs shall indicate expiration date vn lower right hand comer. 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 po' lot, except comer lots may have 2 40 sq. in. aggregate for each 4fi. 61t.. Shall be removed within I0 days afl. er 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 mere than 20% of Sign Area; (v) colom limited to black and white Nonresideniial District I l~r lot 4 sq. fi. aggregate 4fi. 6tr. 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 oumer; 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 I per lot 1 per lot 32 sq. fi. 32 sq. ff. 4ft. 4fi. 6 ft. fi.om property line, not in right- 6 ft. from property line, not in right-of- of-way or sight visibility triangle way or sight visibility triangle Permitted for a 12 month period fi.om Permitted for a 12 month period fi.om Land Development Regulations (?iD' of Aventura, Florida Page 9-15 Other Restrictions Number (maximum): Sign Area (maximum): Sign Height (maximum): Model arrow Signs Flags Time limit Other Restrictions Approvals Necessary Sign Area (maximum): Time limit Frequency 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 contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and (vii) phone number (d) Model Sign: (No permit required). Residential District 1 per model unit lot and 1 per office lot Sign copy may include only: (i) project name; (ii) nature of development; (iii) general contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and (vii) phone number Nonresidential District (Not applicable) 4 sq. ff. 4fl.. 3 per development not to exceed 2 sq. fl.. 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/occupancy is issued for last house in development. Sign copy may include only: (i) "Model"; (ii) builder; (iii) architect; (iv) agent; (v) number of bedronms and t~ths; (vi) telephone number (e) Window Sign, Temporary: Residential District Nonresidential Dt~trict City Manager Not permitted 10% of w/ndow area up to a maximum of 10 sq. fl.. 14days Business or use shall be limited to 5 such advertising Sign permits per calendar year Approvals Necessary Number (maximum): Sign Area (maximum): Height (maximum): Length of display Setback (0 Garage/Estate sale Sign: Residential District City Manager 1 per lot on site 6 sq. fl.. 4ff. 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 ks located on- premises, on private property (upon permission of the private Land Development Regulations City of Aventnra, Florida Page 9-16 Si~ Area (m~dumm): Mgn Height (maximum): Time limit property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In coaformance with design specifications as provided by the City Manager): (No permit required). Residential District Nonresidential District I per property (2 per propo~ when I per property (2 per property when more than I unit is for lease or sale on more than 1 unit is for lease or sale on property) property) 6 sq. ff. 6 sq. tt. 6ff. 6ft. Permitied Saturdays and Sundays Permitted Saturdays and Sundays 10:00 a.m. to 4:00 p.m. Must be 10:00 a.m. to 4:00 p.m. Must be removed same day. removed same day. (h) Comr~unit; ~ -"vice Signs/Special Event Signs: The number. size and location of Signs to be determined by the City Manager. (i) School and places of worship Signs. Approvals Necessary Number: Sign Area (maximum): Sign Height (maximum): Setback Length of display Not in freestanding structures City Manager 1 12 square feet 5feet Shall not be placed in any right-of-way or sight visibility ~angle. Shall be displayed only during worship services and related functions, In freestanding structure City Manager 1 32 square feet 6feet Shall not be placed in any right--of-wa) or sight visibility triangle. Shall be displayed only during worship services and related functions. 901.9 Supplemental 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 Manag.er a written statement of the uniform Sign graphics criteria for the Multi-tenant Center (the "Criteria'). The City Manager shall review the Criteria, make a recordation and submit the Criteria, along with the recommendation to the City Land Development Reguiatious Cii~ of Aventura, Florida Page 9-17 Commission, for final approval. Once the Criteria have been approved, they shall apply to the entire 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 fi.om 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 n:, illumination of buildings lacing 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 fi.eestanding 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 I00 square feet shall be located around the bose of all such Signs. Additionally, whenever such Sign is visible from a right-of~way a tree shall also be required and located so as to screen the Sign fi.om 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 be 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 name of the production company or of the major star. (d) Gasoline station canopies. A company logo not to exceec four square feet shall be permitted on each side of a gasoline station Land Developmen~ Regulations CiW of Aventura, Florida Page 9-18 canopy. Wall Signs shall be prohibited on gasoline station canopies. (e) Billboards. No portion of uny Billboard that exists at the date of this Section shall be located closer than ten feet to uny fight-of: way line. Additionally, a relocated Billboard shall be considered a new Billboard. (f) Rear of Signs. Where the rear or side of uny Sign is visible from any street or from any adjoining Residential Zoning District, such side or rear shall present a completely finished appearance as determined by the City l~er. (g) Nuisance and safety. (1) Illuminatit n: No Extemally 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 of a public street und ~' drivewL: (measured along the property or fight-of- way line) unless it is 30 inches or less in height. (h) Landscaping of Detached und Freestanding Signs. Unless otherwise provided in this Code, all Detached und 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. This bed shall contain shrubs, flowers or other ground cover, und shall be shown on a site plan or survey submitted for approval in conjunction with a Sign Permit application. (i) Flags. The number of Flag poles which cun be displayed at one time upon one site is as follows: (1) Residential - 1 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, s'~e of Flags or number of poles may be granted by the City Manager only when it is determined that: a) The 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 of a Flagpole requires a budding pen'nit and shall not be located less than seven (7) ~eet from any public fight-of-way line, or less than five (5) feet ficom any adjacem property line. (6) Flag(s) shall be no larger than as permitted herein Land Development Regulations Cit3~ 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 from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this Section. No person shall install, relocate, alter or cause to be irkqtalled, 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. 5pplications for permits required by this Section shall be filed with the City Manager and shall comaln 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 desefiption 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 lace, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line. (5) Value of the Sign. (6) Written permission to erect proposed Sign from 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 Corrantmity 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 permittee 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 CiVy of Aventura, Florida Page 9-20 901.tl of failure to meet the requirements of this Section. (e) Permit revocation. Permits issued under this Section shall be valid for the life 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 perm/t, 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 file such application with the City Manager. An application for variance sl~ll be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled fbr 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-conformin~ 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 tMt no structural alterations or text are made thereto and that all such Non-conforming Signs shall be completely ren~ved from the premises or made to conform by June 3, 2000: 1) AnyNon-conforming Sign; 2) Ihose Signs that display services or products as opposed to the business name; 3) Nonresidential Monument Signs. (b) Exception to amortization schedule. 1) 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 Land Development Regulations City of Aventura, Florida Page 9-21 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 condenmation will be amortized according to thc schedule that would have applied to the original location. 3) The follouAng Non-conforming Signs that existed at the time this Section became effective may be cominued, although it does not conform to all the provisions hereot~ 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 :.he 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 shall 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 The Non-conforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent 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, shall be removed by owners in accordance with the requirements of this Section. (d) Maintenance of Non-conforming Signs. Non-conforming Signs shall be maintained in a safe condition and may be repaired or 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 o£ any subsequem amendments to this Section shall be completely removed Land Development Regulations City of Aventura, Florida Page 9-22 901.12 901.13 from the premises, or altered to conform, not later than three years from the date such Sign becomes non-conforming. (t) 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 end shall be removed immediately and shall not be entitled to status as lawfifl 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 of defective parts, mpainting, cleaning and other acts required for the maintenance of the Sigrr The area around the base of the Sign shall be kept flee of weeds end debris. If a Sign does not comply with the above standards, the City Manager may require its removal in accordance with this Section. (b) Dengerous or defective Signs. No person shall permit to be maintained on eny premises owned or controlled by hiroYher, eny Sign that is in a dangerous or defective conditinn~ Such Sign shall be removed or repaired by the owner of the Sign or the owner of the premises. Removal of Improper Signs. (a) _Removal. The City Manager shall cause the removal ofeny 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) EmerRenc¥. Notwithstanding the above, the City Manager may cause the immediate removal of eny Sign that poses en immediate danger to the health, safety or welfare of the community. The City Manager may cause the Sign to be made safe as en alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consem, 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 r~air, which assessmem 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 end en accurate legal description of the property. No occupational license shall be approved for such a property until the full 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. Land Development Regulations Cit3d of Aventura, Florida Page 9-23 Section 902. Temporary Political Signs Regulations regarding temporary political signs are outlined in Section 34-61 of the City of Aventura Code. Land Development Regulations Cii~ 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 viral parts of the earth's ecosystem: they conserve energy; they provide essemial 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 he made to preserve and maintain viable vegetation within the City of AventtLra. 1001.2 Applicability. The provisions contained herein shall he applicable to all projects comprising new construction or substantial additions and alterations, except as set forth in under Administrative Waiver. Also, if Landscape in excess of filly (50) per cent of total site landscaping requires replacement, the entire property shall he brought up to current landscape standards and requirements. This provision regarding existing development shall he 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 requiremems 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 eertaha requirements are considered by the Community Development Director to he 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 fi.om such requirement may he 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 progranmmble 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 -~nd incompatible land use impact. Caliper: 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 at twelve (12) inches above natural grade. City: City of Aventura, Florida. Director: The Director of Community Development of Aventura, Florida, or designee. Dr~o Line: An imaginary vertical line extending fi.om the outermost horizontal circumference of a tree's branches to the ground. Dumpster: A refuse container of one (1) cubic yard or larger. Grey Wood: The area of tnmk on a palm from ground level to the palm fi~nd sheath except where removal of branches is necessary to protect property and public safety. The following trees are exempt fi.om this section: Schinus terebinthifolius (Brazilian Pepper) Metopium toxiferum (Poison Wood), Casuarina spp. (Australian Pine), ~laleuca 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 th~an three (3) inches in diameter; or reducing the tree's riving canopy by mere than one-third except where removal of branches is necessary to protect property and public safety. The following trees are exempt from this section: Schinus terebinthifblius (Bra~illan Pepper), Metopium toxiferum (Poison Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia Aariculiformis, Bischofia Javanica, 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 cominuos, 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 iixigation controller after receiving a predetermined amount: of rainfall or moisture content inthe soil. Mulch: Non-living organic materials customarily used in landscape design to retard weed infestation, erosion, and retain moisture and for use in planting areas. 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 Coumy. 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 definition~ 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 natural vegetation, which will remain undisturbed when property is fully developed. Palms: Members of the Paimac family which are monocots characterized by palmae or pinnate fronds attached to a tnmk with a single growing point on each think. 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 temporary fence or 6~her structure built to restrict passage into an area surrounding a tree for the purpose of preventing any disturbance to the roots, trunk or branches of the tree or trees. Retention area: An area designed and used for the temporary or permanent storage of storm water runoff, which may be either dry or wet retention as defined below: (a) Dry retemion is an area which is designed for temporary storage of storm water moil?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) acro 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 m~aximum slope 4:1 extending down to a poim five (5) feet below the low water line. Setback and yard areas: The front, 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! permanem stems, normally growing to a height of thirty six (36) inches or l 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 normally attains an overall height of at least twenty-five (25) feet, usually with one main stem or trunk and many branches. Tree abuse: Tree abuse shall include: (a) Damage inflicted upon any part of a tree, including the root systen~ 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, or change to the natural grade. (b) Hatracking. (c) Girdling or bark removal of more than one third (1/3) of the tree (d) Tears and splitting of limb ends or peeling and striping of bark resulting fiom improper pruning techniques not in accordance with the current National Association Standards. Tree canopy: The aerial extent of the branches and foliage ora tree. Vehicular use area: A hard surface area designed or used for off-street parking and/or an ~'ca used for loading, circulation, access, storage, including fire trucks, garbage tracks, or display of motor vehicles. Vines: Plants with flem'ble stems which normally require support to reach mature fornz Vis,,atscreen: 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 eom'traction material or any combination thereof. Xeriscape: A type of landscaping utilizing native plants and grotmd cover that needs reduced water and little maintenance, which is detailed in the South Florida Water Management District publication, Xeriseape, Plant Guide II as amended, incorporated herein by reference. Landscape Plan Required. Prior to the issuance 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 Florida Registered Landscape Architect ~ ~,~:~.~ ~... ,~.~ r~: ........ desigv~e~. 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 be installed, as well as the name, size, location, and condition of viable, existing 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. Minimum Landscape 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 tnmks which can be maintained with over six (6) feet of clear wood. Empl~x~is is given to the use of native species. Land Development Regulations City of Aventura, Florida Page 10-4 (2) (c) (d) (e) (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 from 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. Tbxee (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 he dcternm,~d by Director or Designee It is prohibited to paint the tnmks 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 minimm of two (2) feet in height at time of planting. Hedges shall he planted and maintained so as to form a continuous, solid visual screen, of not less than three (3) feet in height, within one (1) year of planting. Spacing of plants shall be no more than twenty four inches (24") on center. Double staggered rows may be required in some areas as determined by Director on Desigp~e. (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 qYlomtam' solid sod, or other lawn type, as approved by the Director, reasonably free of insects and noxious weeds. (d) Quality: Plant material 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 I", latest revisions, and "Grades and Standards for Nursery Plants, Part 1I 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 from 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 Nurserymen and The Florida Nurserymen and Growers Association. (b) Curbing: Landscaped areas, walls, structures, and walks shall require protection fi.om the encroachment or overhang of vehicles. A continuous 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 ~ in his opinion, such an adjustment is in keeping with and will preserve the intent of this article. (d) Permit requkements: 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 htmdred (100) per cent coverage to all landscaped areas. The indgation 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. Usc of rain gauge sensors is required. For purposcs of water conservation and good horticultural practice, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a scparate zone and schedules from those irrigating trees, shrubbery or other reduced water requirelnent areas. Landscape irrigation systems shall be designed so that, to the greatest extent practical, water being applied to non-pervious areas is eliminated. Usc of non-potable 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 opinioff Jf the city are attributable, wholly or partially, to lack of proper watering shall be required to install an in'igation 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 atter the issuance of a Certificate of Occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this ordinance and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura~ Tree Hatracking. It shall be unlawful for any person, firm or city department to hatmck any tree. Trees scverely damaged by storms or other causes, or certain trees under ut'flity wires or other obstructions where other priming practices are impractical, may be exempted from this section at the determination of the Community 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 of chlorosis 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 on tk.c g:Xe having a trunk diameter of three (3) inches or greater, except for Schinns terebinthifolius (Brazilian Petter), Metopium toxiferum (Poison Wood), Albizia Lebbeck (Woman's Tongue), Dalbergia Sisoo (Indian Rosewood), Thespesia Populnea (Seaside Mahoe), Fa~biscus Tilliacens (Mahoe), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Ficus Benjamina (Weeping Fig), Ficus Nitida (Laurel Fig) species, Acacia Auriculiformis (Earleaf Acacia), Bishoffia Javanica or Amucaria heterophylla (Norfolk Island Pine) shall aot be removed or relocated without a permit from the Community Development Department of the City. In evaluating whether to grant & iree 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 herein. Applicability of the Dade County Ordinance shall be as determined by the Director or designee. 1001.8.1 1001.8.2 Protective Barrier. Dmfl~ 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) l~om the trunk whichever is greater, fr~.m *.~.c ~k of any protected tree. In addition, no excess soil, fill, eqtdpment, building materials or building debris shall be placed within the areas surrounded by protective barriers. Relocation Standards. Trees that are to be relocated shall be consistent with the following minimum standards: (a) Tree roots 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. (b) 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) momhs Land Development Regulations City of Aventura, l~lorida Page 10=8 of relocation shall be replaced with a comparable species and size, as detenulned 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 feasble. (b) An equivalent tree canopy is replaced on the same site. The owner or h/s 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 application. 1001.9 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 off a landscape architect licensed to pmctiee 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 Requirements. Adjacent to any street right-of- way, plus along the perimeter of all vehicular use areas, there shall be a continuous 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 thereofi of perimeter. 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 vis~le from the public right-of-way, a double row of hedge may be required by the Director or Designee. Sod or grotmd cover with irdgation~ shall be installed to the edge of pavement. The following are exceptions to the perimeter landscape requirements: (a) (a) Access drives: Necessary accessways shall he permitted to traverse required perimeter buffer strips. [and 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 continuous hedges and one (1) tree for every twenty-five (25) feet. (c) Abutting another vehicular use area: Accessways may traverse required buffer strips along common 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 shali be planted in the remaining open space of this buffer. Interior Landscape Requirements. Within the interior of any vehicular use area (total area less required perimeter buffier 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 rnk~um 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 termiml island shall be well landscaped with grass or ground cover. (2) Interior 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 ofcomiguous parking spaces so that there is not less than one (1) island for every nine (9) parking spaces, or portion thereof and shall cominue the full length of the comiguous 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 contiguous parking spaces is located so as to abut another mw 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 contiguous 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 from 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-thru lane, or as determined by the Director or Designee. Landscape Requirements for Non-vehicular Use Areas. Develop a landscape plan that Izzautifies, provides shade, and complements the architecture of the adjacent building, subject to the approval of the Director or Designee. Clear Sight Triangles (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-way, 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 requiremems shall comply with American Association of State Highway & Transportation Officials Land Development Regulations CityofAventura, Florida Page I0-11 1001.9.6 1001.9.7 1001.9.8 1001.9.9 (AASHTO). (b) Trees having over six (6) feet of clear tnmk with limbs and foliage trimmed in such a manner as not to emend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No landscaping elemems, except for grass, Wound cover, or hedges shall be located nearer than five (5) feet to any accessway intersection of a public road. (c) Imersection of two (2) public streets: The v/sion clearance area shall he the triangular area formed by the intersection of the two (2) streets beginning at the point where property lines meet at the corner, 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 he fifteen (15) feet in lengtE (e) Where City, Dade County or Florida Departmem of Transportation (FDOT) roads are involved, meet all City, Dade County, or FDOT design criteria related to highway safety for all landscaping material. Required Landscape or Pervious Areas. Not more than sixty (60) percent of such areas shall he grass. The balance shall he ground cover, shrubs, or other suitable landscape material. Dumpsters. All dumpsters shall be completely screened from view from 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. Retention 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 he screened from view from the adjacent properties and the public right-of-way by the use of Land Development Regulations Cily of Aventura, Florida Page 10-12 landscaping material, subject to the approval and standards as 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 LDIL 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 hereimtter. Land Development Regulations City of Aventura, Florida Page 11 -I 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. -r~ ~-~a.~.4~ ~u~. ~ .... :.~a ~^ ~ --:~; ......... ; .... 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 Trafficways Plans and shall be in ~.~n'gny consistent with the City's Comprehensive Plan. Traflicways shall conform to the criteria and characteristics established by and shown on the Traffic,~;aVs Plan. 1102.1.3 Specifications for Required Improvemems. 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 '_m by the current edition of the Highway Capacity Manual prepared by the Transl~rtation Research Board of the National Research Conncil, Washington, D.C. and shall meet the pmvide~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 fight-of-way. Handicap Ramps not exceeding a slope of 1 foot vertical to 12 feet horizomal shall be provided at all intersections. 1102.1.6 Traffic Engineering Standards. The more stringent 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'IOIL Streets shall be of sufficient width, suitably located, and adequately constructed to acconm~date 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 11-2 1102.3 compose a functional system which provides safe and adequate and fro pfivat p perty access to m e ro . hards~Ap *~,~ ~a-~-o~a:~:~: ...... v-'-m,~J.~'~' 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 medal and collector streets into adjoining properties which are not yet subdivided, in order to take into accountv,,oo.,.~m~ 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 only 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 as 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 connections, one (1) connection may be permitted if adequate provision for emergency and service vehicles is provided. Minimum Intersection Spacing 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 from 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 City. of Aventura, Florida Page 1 I-3 1102.4 local street which intersects the medal or is a minimum of 660 feet fi'om another minor or collector street intersection with the arterial, and is a minimum of 760 feet fi'om the imersection of two arterial streets. 1102.3.2 Collector Street Intersections with Arterial Streets. A collector street or collector dead-end street may intersect an medal 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 firom the intersection of two (2) arterial traflicways. 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 fi'om any other intersection of the collector. Street Design 1102.4.1 Geometric Design of Street. The geometric design of streets shall conform to the minimum standards established by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance fbr 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 Transportation Officials (AASHTO). 1102.4.2 Street Jogs at Intersections. Street jogs with center line offsets of less than 125 feet shall not he permitted. 1102.4.3 Angle oflntersection~ In general, all s~eets shall join each other so that for a distance of at least 100 feet the street is approximately at right 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 rieht-of-wa¥ Strcctg shall have the minimum widths as specified in Table 1102-1. When not indicated functiomdly classified by the FDOT , the classification of streets shall be determined by the Community Developmem Director. The actual width of a right-of-way shall be determined based on the ultimate cross section design needed to accormnodate 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 Cotmty bicycle circulation plar~ Land Development Regulations City of Aventura, Florida Page 11-4 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 ti. 6 6 feet 4 Lane Collector 8_70 ft. 4 5 feet 2 Lane Collector 60 ft. 2 5 feet Loc~ S~e~ 50 fi. 2 4 feet A pedestrian/bicycle path which is a minimum of six (6) feet wide and constructed within an easemem adjacent to the right-of-way may be used in aclu of the required sidewalk on that side of the right-of-way. 1102.4.5 Public Utility Easements. Where conditions ave~,ueh4~,4o make impractical fo~ the inclusion of utilities within the street fight-of-way, perpetual easements with satisfactory width and access, as determined by the City, shall be required. Wherever possible, easements shall be continuous bom 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 Corranunity Development Director. Such easements shall be cleared, demucked, and graded where required. 1102.4.6 Underground Utilities. All facilities for the distribution of elcctricity, 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 may be placed 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 parallel to a road right- of-way which serve new developments shall be constructed of reinforc~:l concrete. At the time of development the City shall require replacement of existing wood poles with concrete poles. The City Manager 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 Tr~rmtion standards for arterial, collector or local streets. Grades shall be approved by the Community 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 taming 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 turn-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 turn-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 distance fi:om the outside edge of the ultimate right-of- wayto the edge ofwater 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, deflecting fi:om each other at any one point by mere than 10 degrees, shall be connected with a curve, the radius of which for the centerline of street shall not be 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 streets. 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 Development Regulations City of Aventura, Florida Page l 1-6 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 City 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 c~n~ ~t ~ ....... ~ ~.., a.~ 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 development. 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. l 102.6 Lots. 1102.6.1 Lots in Conformance with Zoning District. Lots shall be subdivided in conformance with the applicable zoning district's development standards. 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 t?ontage 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 Management Design Standards. 1102.7.1 Minimum Elevation (Center Line of Street). The nfinimum elevation (center line of street) shall be as established in compliance with the Miami-Dade County Environmental Resources Managemem and subject to the approval of the Community Services Director. Land Development Regulations City of Aventura, Florida Page 11-7 (1) (2) 1102.7.2 Specific Standards For Flood Hazard Reduction. In all areas of ~;~ a~a ~. .... a where base flood elevation data has been provided, the following provisions are required: (a) Residential Construction. New construction or substantial improvement of any residemial 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 road crown elevation, whichever is higher. ' ' ' Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to thcilitate the tmimpeded movemems of flood waters shall be provided in accordance with the standards of subsection (c) below. 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 L8 6 inches above the highest point of the adjacent road crown elevation, whichever is higher. Stmcmres 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 foundation 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 eqnaliTe 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 covetings 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 Ihe 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 floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potemial projectiles and has erosion potential, the following provisions shall apply: Land Development Regulations City of Aventura, 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 Management. All stormwater drainage systems shall be designed in accordance with the requimmems of the Miami-Dade County Environmental Resources Management, the South Florida Water Management District's permit manual "Management and Storage of Surface Waters", latest edition and the City's Floodplain Man~ement criterk~ Land Development Regulations City of Aventura, Florida Page 1 I-lO 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 meaningful design guide for development and redevelopment in the City of Aventura. All development shall be designed in accordance with the fundamental concepts described in this Section. The fundamental design concepts shall include: (a) The design of architecturally varied structures within planned developments through the use of building mass'rog, varied roof- scapes, varied window desigr[, ornamentation and color; The linkage of landscaped exterior spaces (courtyards, loggias, arcades and pla?ak) to buildings; (c) The linkage of separate 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 s'rze of windows; (e) The idemification of ~thMdual subdivisions by utili~ng signage; (0 The use of private common open space as a conanunity design feature; and (g) Preservation of view corridors and pedestrian access to waterfront 1103.2 Pedestrian Orientation. All non-residential and multifamily development shall contribute to the creation of a pedestrian oriented community by providing the following: (a) Emphasis on the buildings' street facades as major elements of the overall street-scape; Street level architectural treatment including colonnades, arcades, awnings, and other shade producing elemems should be provided i along all pedestrian-oriented frontages; and (c) Pedestrian oriented fi'ontages shall be adjacent to budding entrances and integrated with adjacent properties. 1103.3 MinimumDehgnStandards. Land Development Regulations City of Aventura, Florida Page 11-11 1103.3.1 1103.3.2 Non-Residential Development. All non-residential 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 iev~4~ht and scale. (b) Recognition of the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials. (c) Roof materials shall consist of metal (flat or standing seam); flat tile; barrel tile or masonry materials. This requirement shall not apply to flat roofs with a parapet wall. (d) All mechanical equipment (including roof-mounted equipmem) 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 fight-of-way and designed so that the equipment is well concealed fi.om adjacent properties. (e) Pedestrian circulation systems shall be barrier-flee and provide alternative ramps in addition to steps consistent with American Disabilities Act (ADA) requirements. 0) 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 similar 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 I 1 -I 2 minimum pitch of 4:12. Deviation fi:om the minimum may be approved for gambrel and similar type roofs. Pitched roofs shall be constmcted of flat, or barrel cement or clay tile, split cedar shakes or slate, all as defined by common usage in Miami-Dade County, Florid~ Cedar shingle and asphalt shingle roofs are not permitted on any principal residential structure permitted at~er 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 n'.,ay ~ permitted over porches, Florida rooms, and utility rooms located to the rear of the dwelling unit. Driveways within all RS Zoning Districts shall be constmcted of portland concrete at a minimunz Asphalt is not permitted. (c) Architecture and site development should [ncz~zmte considemtic, n 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 rmsonry wall similar 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 track 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 fi:om a right-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 waterfi:ont sites shall preserve a visual corridor to the water unencumbered with any stmcture, roadway or off street parking. The view corridor shall extend the full length of Land Development Regulations City of Aventura, Florida Page 11-13 the site from the waterfront to the public right-of-way most nearly opposite the waterfront. ~he width of the corridor shall he no less than 10 percent of the waterfront frontage, not to exceed ~'.:t a ~m~'n. c.f 1 O0 feet. Land Development Regulations City of Aventura, Florida Page I 1-14 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 oftNs Section. 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. 1 104.2 Preparation of Site Lighting Plar~ A plan wbich shows the photometrics of the site's lighting for veNcular 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 outparcels, c ....... :a~--.:n~ a,.,~ ..... · 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 centers 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, stxmctures, and rights- of-way are not directly illuminated. All lighting for parking areas, buildings and signs shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and public fights-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 (1 2) 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 11-15 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 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 reqtfirements regarding the protection and mitigation of wetlands on th property as part of any City issued development order. Land Development Regulations City of Aventura, Florida Page 11-16 Section 1106. Coastal Tidal Water Standards 1106.1 Conformance with Applicable Regulations. Prior to the development of land or the issuance of any development permit for construction immediate_h/adjacent to ~:'. at, near ~,r a~ve any tidal waters, the property owner or their representative shah be required to obtain approval firom Miami-Dade County Environmental Resources Management. Land Development Regulations City of Aventu fa, Florida Page I I - 17 Section 1107. Surface Water Management Standards. 1107.1 Conformance with Applicable Laws. All structures or ]and shall be developed, used or occupied such that surface water is mansged in conformance with the following laws, rules and regulations: (a) (b) (b) (c) Chapter 24, Miami-Dade County Code; Chapter 40-E, as amended, Florida Administrative Code, "Rules of the South Florida Water Management District." South Florida Building Code, as amended. Land Development Regulations City of Aventura, Florida Page 1 l-[& 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 permanent 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 ana 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 structural 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 residemial district, subject to the following: (a) No pet shelter or pen shall be permitted within the required from yard area, or within utility, drainage or access easements. (b) The structure mint be set back 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, Florida Page I 1-19 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 t?ont yard. In all zoning districts, only pressure treated pine, redwood and cedar wood shall be acceptable for wood fence construction. All wood fencing shall have a nominal thickness of one (1) inck Each side of a concrete block or masonry wall shall be completely finished with stucco and/or paint. 1108.5.3 Residential Parcel Pcrimete~ 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 plan. Barbed wire and other similar material shall not be permitted. Walls shall be designed to discourage Graffitti. 1108.5.4 Walls and Fences on Non-Residential Parcels. Walls shall be permitted within a required bufferyard at the perimeter of non- residential parcels, they shall not he permitted within a required fi~nt 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 plar~ 1108.5.5 1108.5.6 Fences within Easements. A Fences, walls and landscaping shall not be permitted within a utility easement prior to the issuance of a permit. To locate a fence or wall in any easement an encroachment agreement shall be reqtfired. If a permit is issued, access to any easements shall he granted when required by any utility. A utility company or franchise shall not he respons~le for damage to a fence, wall or landscaping within an easement. Chainlink Fences Prohibited. Chainlink fences shall be prohibited in all districts except as a temporary_ enclosure or fencing for golf courses and tennis courts. Land Development Regulations Ciiy of Aventura, Florida Page 11-20 1108.6 1108.7 1108.8 1108.5.7 Gazebos. following: Maintenance. A Fence or wall shall be finished and maintained in good condition and appearance. The finished side of all stockade fences shall face outward to the abutting property or fight - of- way. Gazebos shall be permitted in all residential districts, subject to the (a) No gazebos shall bo 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 i lines; (c) No gazebo shall have ag_ n'~zS.m~m area (footprint) larger than 100 square feet per 5,000 square feet of lot area; and (d) No gazebo shall have a height aarger 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 fi:om setback, 10 feet of a right-of-way, or within utility, drainage or access easements; (b) No play equipment shall use street fight-of-way as part of the playing area:, (c) Permanently installed play equipment shall be of a common playground type designed for children; and (d) Basketball hoops and backboards in fi~nt yard areas shall be permitted on the fi:ont of the building or on a pole in the driveway only. Basketball poles shall be located no closer then ten (10) feet to any property line. Screen Enclosures. Screen enclosures shall be permitted in all residential zoning districts, subject to the following: (a) No screen enclosure shall be permitted in the required fi:ont yard or within utility, drainage or access easements; (b) No screen enclosure may be converted to an enclosed structure unless the converted structure would comply with all standards of the applicable zoning district; Land Development Regulations City of Aventura, Florida 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 from the rear lot line; and (d) Screen enclosures with a solid roof shall meet the following setback requirements: 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 fifteen (15) feet or the same as the structural setback, whichever is less. Swimmin~ Pools and Spas. Swimming pools and spas shall be permitted in all residential 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 bah'Jer. (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 sidestmet 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 from the water's edge to rear lot line. (3) The setback fi:om any building foundation shall be five (5) feet unless both the design and construction as approved by the Community Development Director is safe and will not possibly 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. Land Development ]Regulations Cily of Aventura, Florida Page I 1-22 (d) 1108.9.1 Any pool for a non-residemial 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 tinal 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 around the premises on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohi~biting unrestrained admittance to the enclosed area. Gales shall be of the spring lock type, so that they shall automatically return to ~c [na closed position al 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 commenced, permits shall be secured for all swimming pools and for the safety barriers. Plans shall contain all details necessary to show compliance with the terms and conditions of these regulations. No swimming pool permit 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 before provided, a permit for the safety barrier shall not be required, iff upon inspection of the premises, the existing barrier is proven to be satisfactory. (c) Construction specifications of walls and fences - For Tm ,h~ wooden type fence, the boards, pickets, louvers, or other such members, shall be spaced, constructed, and erected, so as to make the fence nonclimbable 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 ban'ier which, in his opinion, does not meet ,~'~n':~ the safety requirements of this regulation, i.e., that it is high enough and so constructed, to keep the children ofpre-sehool age from 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 section. (0 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 from becoming a health hazard to the ' ~-" ~--:-~ ~ ,-,~ ...... _. ~j ,...j ............. In the e e t any person o or occupying the premises containing a swimming pool permits the safety barrier to become in an improper and unsafe condition, or permits the swimrrdng 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 (10) days from 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 he constructed any swimming pools unless such swinaning 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 presem 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. Ihe one hundred forty (140) feet shall be measured from the edge of the swimming pool to the closest property line containing such residence by straight line measure. Utility Sheds. Utility sheds shall be penuitted in all residential districts, subject to the following: (a) No more than one utility shed shall be permitted for each parcel or lot; Co) No utility shed shall he permitted in any required front or side yard area or within utility, drainage or access easements; (c) The maximum dimensions of a utility shed shall he no more than 100 Land Development Regulations Ci~yofAventura, Florida Page 11-24 1108.11 1108.12 1108.13 square feet in footprint and eight (8) feet in height; and Rear and side setbacks for mility sheds on single family and duplex lots shall be a minimum of three feet fi:om the lot lines. Rear and side setbacks for utility sheds on all other property shall be equal to the height of the structure. Utility/Mechauical Equipment. Utility and mechanical equipment used for a building's operation which is located outside the building shall only be located in a mar or side yard. The equipment shall not be located within a ut'dity easement unless it is equipment serving that specific easement. The minimum distance fi:om a property line to the structure shall be no less than the structure's height. All equipment shall he 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, communication or drainage equipment which is located within a public utility easement. _Waterfi:om Lands. A rear yard setback of twenty (20) feet fi:om the rear or waterfrom line measured landward therefi:om shall be provided and no building constmction, 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-Da& 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 width. 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 Departmem within fffieen (15) days of receipt of notice. Land Development Regulations City of Aventura, Florida Page 11-25 Section 1109. Compliance With Comprehensive Plan. 1109.1 Compliance Required. No development activity may be approved unless it is found that the development is consistent .... ~:~ with the requirements in the CMt~-adopted Comprehensive Plan. · ' ' 1109.2 Detenninin~ Compliance. If a development proposal is found to meet all the requirements of this code, it shall be presumed to be 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 oI an exk~tmg 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 enforceable development agreement. An enforceable 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 reconm~endations. 1109.4 Development Orders Requiring Concurrency Determination. The following three classes of development orders will be reviewed for concurrency: 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 Tentative plat and Final plat 1109.4.3 Final Development orders Any building permit for construction resulting in an increase in size or intensity ora land use. Certificate of occupancy to show consistency with what was approved. Land Development Regulations Cit~ of Aventura, Florida Page I 1-26 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 Plat~ shall be maimained. 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 daffy 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 500 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 ilfleen (15) percem of the system-wide average daily demand. Land Development Regulations Cit~ 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 fi:om wastewater treatmem 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 masg transit service exists, roadways shall operate at or above LOS E; 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 commuter rail or express bus service exists parallel roadways within 1/2 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 be calculated using the methodologies contained in the current version of The Highway Capacity Manual. (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 be 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 welfare of the community. Land Development Regulations City of Aventura, Florida Page I 1-28 1109.6.4 1109.6.5 Mass Transit. A development site is considered to be served by mass transit if it meets any ofthe 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-half mile on either side of a transit mute provided with peak service provided on hea. xlways of 60 minutes or less; (b) It is located within a radius of one-half mile of any transit terminal with service provided on headways of 60 minutes or less; or (c) Is provided with private transit or pamtmnsit service. The level of service standard for mass transit is those areas of the City meeting all the followin~ criteria shall be serviced with mass 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 risk 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 Cotmty Code, whichever Land Development Regulations Cii~ of Aventura, Florida [~lige I 1-29 1109.6.6 1109.6.5.2 Water Qua~_. The water quality level of service component 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) Chemical Oxygen Demand (COD) Total Suspended Solids (TSS) Total Dissolved Solids (TDS) Total Ammonia-Nitrogen & Organic Ammonia Total Nitrate (No×-N) Total Phosphate (TP04) Dissolved Phosphate (DP04) Cadmium (Cd) Copper (Cu) Lead (Pb) Zinc (Zn) Miami-Dade County 9 mg/1 65 rog/1 40 mg/1 1,000 mg/1 1.5 rog/1 0.68 rog/1 0.33 mg/1 Not available 0.0023 mg/1 0.0258 mg/1 0.0102 mg/1 0231 mg/1 Applicants seeking developmem 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 commercial 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 required 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-Da& County Sold 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 five (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 City of Aventura, Florida Page 11-30 1109.6.7 with municipalities and private waste haulers, and anticipated non- committed waste flows. Parks and Recreation. Ihe 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. (b) Any State or County regional park located within one mile of the boundaries of the City, calculated at 1 O0 percent of gross area; (c) Any private recreational par~, 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 11-31 Section 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 fi-equency emissions. A mast, cabling, or other accessory necessary for the proper installation, maintenance, and use of a reception antenna shall he considered part of the anterm~ 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 emity thereto. Communications Act means the Communications Act of 1934, 47 U.S.C. § 151 et seq., as the Act has and may hereinafter be amended. 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 be amended. Permit means the authorization expressly granted by the City to an antenna user to install an antenna on the property wherein the user bas a direct or indirect ownership interest. The 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 commercial or industrial uses are generally permitted by non-Federal land-use regulation, or a satellite earth station antenna that is Land Development Regulations City of Aventura, Florida Page I 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 purpose and intent of this article to establish rules and regulations consistent with Federal policy with respect to the installation, placement, maintenance 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) satis~, 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 p~t 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 he 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 responsible for the antenna at the installation-site and location of the antenna as installed) as may he required as part of the Cit3/s application and submitting the requisite fee. Failure to comply with such requiremems is a violation of this Land Development Regulations City of Aventura, Florida Page 11-33 (b) section~ (5) As soon as staff resources permit, the City will inspect the installation to determine flit complies with the requiremems 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 advance, 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 reinstalhtion 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 roles, approval of the City Manager or his designee and a permit under the Code will be issued within 20 days of application, absent exceptionall 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 commanications 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 fi'ont part of any roof which runs parallel with the l~ont property line, except in the instance of comer lots where only one side will be designated the fi.ont property line (the "fi.ont" 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 likelhhood of a broken or dislodged antenna becoming a windblown hurricane 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 City of Aventura, Florida Page 11-34 (c) (d) application. (5) No antenna installation shall ultimately 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 conform to the nfinimum 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 tmsses. (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 article 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 fi.om requirement ( 1 ) before deviating fi.om requirement (2), must deviate from requirements (1) and (2) before deviating from requirement (3), must deviate fi.om 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 (e) (f) National Historic Preservation Act of 1966. (2) The antenna shall be ground-mounted or located on the side of a structure as close to the ground as is reasonably poss~le. (3) An antenna sb~ll not be placed on a roof area which is supported by tresses; (4) No antenna shall be permitted in a from 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. (1) Rooftop installation of satellite dish or dish antennas will only be permitted where (a) a City. Building Official/Truss Manufacturer approves the method of attachment proposed by the applicant before 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 infrastructure improvements made to fortify the tress system or the tress system as designed to which the antenna will be installed. Such certification must be obtained, absent exceptional circumstances, within 20 days of installation. (2) 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 root~ nor shall such structure be erected near electric power lines or encroach upon any street or other public space. (3) Antenna users must obtain a special permit as described 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 may 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 before 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 fcet l 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 higher than 12 feet. Ifthis installation will pose a safety hazard 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 l?om other causes. (6) Masts shall not be installed nearer to electric power lines th_an the total height of thc 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 imtalled on the ground must sustain a minimum of 120 mph winds, or such speeds as otherwise provided in the applicable Building Codes. Applicab'flity. 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 antennas 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 l 110.3 (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 Development 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 information 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 rctum receipt requested, registered mail, or express delivery by the designated comact. If such notice is not timely served, then parties shall follow State roles 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 developmem and continued existence of uses structures, and lawfifl lots established prior to the effective date of these Regulations which do not conform to the requirements of these Regulations. Many non-conformities may continue, but the provisions of this Chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these Regulations and the character of the City. Any nonconforming use, structure, or lot which lawfiflly 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 be 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 nonconforming use is discontinued or abandoned, whether intentionally or not for a period of ninety (90) consecutive days, including any period of discominuation 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 he changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements 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 may be made to a nonconforming structure. The Community Development Department 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 change of occupancy of the structure or contravene or circumvent other provisions hereof. 1205.2 If a nonconforming stmcture 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 immediately 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 origin~ nonconforming condition, provided that a building permit is secured and reconstruction is started within 189 365 days from the date of the damage, and such reconstruction is diligently pursued to completion ;;Shhout prior to 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 be 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 lawfully existed immediately prior to the event of destruction; and (b) Requires a variance, ff any, onl~ from 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 surrotmding uses and structures and does not result in restoring a non- conforming land use which is specifically prohibited as a use by the LDRs. Compatib'flit~ shall be determined upon application for a variance pursuant to Section 506, except that the specific compatib'flit¥ criteria described below shall be used in lieu of the unnecessary hardship standard of 506.5. (c) In accordance with paragraph (b) above, restoration shall be found to be compatible if each of the elements for which a variance is necessary, when balanced with all features of the proposed restoration, do not impair the proposes of these Regulations in assuring that the grant of a variance: (i) maintains the basic intent of the Regulations; is not detrimental to the appearance of the community as protected by the Regulations; is compatible with the surrounding land uses and structures and is not detrimental to the community. 1205.4.1 The restriction upon restoration 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 affecting a substantial portion of the Land Development Regulations City of Aventura, Florida Page 12-2 community and not primarily affecting an isolated property or development. This provision is intended to avoid disruption of housing availab'flity and to avoid inconvenience to the residential populatio~ 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: (a) the enlargement or alteration itself conforms to the requirements of these Regulations; and (b) 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 th~ enlargement or addition in accordance with the procedures in these regulations. 1206.1 This 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 lawful~ 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 structure 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 contiguous, vacant, nonconforming lots of record are in a single ownership, if such lots shall ~ 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 from this requirement in conformance with the requirements of Section 506.5 these Regulations. Land Development Regulations City of Aventura, Florida Page 12-3 www.herald.com www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in ~e issues of: June 1, 1999 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fwm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). My Commission Expires: October 17, 200I I ~11~ UI~ AVI~IUKA NOTICE OF HEARING OF LOCAL PLANNING AGENCY · _ NOTICE OF ADOPTION OF lAND DEVELOPMENT ONS AND ZONING MAP The City of Aventura Local Planning Agency will meet in a public hearing on June 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 UITY OF AVENTURA LAND DEVELOPMENT REGULATIONS, ATTACHED 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, ATYACHED 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~IDA. 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 heating for first reading of the Ordinances will be held at the Biscayne Medical Arts Building, located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida. The proposed Ordinances may be inspected by the ~ublic at the Office of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances, Any person wishing to ddress the City Commission on any item at this Public Heating is asked to register with the City Clerk prior to that item being heard. In accordance with the Americans with Disabilities Act of 1990, ali persons who are disabled and who need special accommodations to participate in these proceedings because of that disabiliiy should contact the Office of the Cit 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 Comnfission 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 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. Dated this I st day of June, 1999. TERESA M. SOROKA, CMC CITY CLERK