2001-14ORDINANCE NO. 2001-14
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09; BY
AMENDING SECTION 31-191(k) "NON-CONFORMING
SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION
TO AMORTIZATION SCHEDULE"; BY AMENDING
PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR
THE EXPIRATION OF THE EXEMPTION OF MONUMENT
SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND
RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION
AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING MONUMENT SIGNS
LOCATED IN RESIDENTIAL DISTRICTS AND NON-
CONFORMING RESIDENTIAL WALL SIGNS WHICH
EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY
UPON SUCH EXEMPTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura finds that it is
necessary to amend the City's Land Development Regulations in order to provide for
the expiration of the exemption of Monument Signs located in Residential Districts and
Residential Wall Signs from the amortization and removal requirement otherwise
provided; and
WHEREAS, the City Commission finds that this amendment of the Land
Development Regulations will enhance the unique aesthetic character of the City; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan of the City.
Ordinance No. 2001-14
Page 2
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:t
Section 1. That the City's Land Development Regulations, as previously
enacted by Ordinance 99-09, are hereby amended by amending Chapter 31, Article IX.
Sign Regulations at Section 31-191(k) "Non-Conforming Signs", by amending
subsection (2) "Exception to Amortization Schedule", by amending paragraph (c)
thereof to read as follows:
c. Any of the following non-conforming signs that existed at the time this
section became effective (June 3, 1997) may be continued, although it
does not conform to alt the provisions hereof, provided that no structural
or text alterations are made thereto:
1. Monument signs located in residential districts;
2. Residential, hospital and office building wall signs;
3. Flagpoles that existed at the time of the adoption of this section
(June 3, 1997).
Provided, however; that the exemption from amortization and removal
provided by subsection c.2. above shall expire as to office building wall
signs on June 7, 2003, so that after such date, non-conforming office
building wall signs shall be completely removed from the premises or
made to conform by June 7, 2003. Additionally, all non-conforming
office building wall 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 amendment to paragraph c. of subsection (2), are
prohibited, shall be removed immediately and shall not be entitled to
status as lawful non-conforming signs.
Provided, however; that the exemption from amortization and removal
provided by subsection c.1. and c.2. above shall expire as to Monument
siqns located in residential districts and non-conforming Residential wall
siqns on October 2, 2004, so that after such date,, non-conforming
Monument siqns located in residential districts and non-conforming
Residential wall signs shall be completely removed from the premises or
made to conform by October 2, 2004. Additionally, all non-conforming
Monument signs located in residential districts and non-conforming
Additions to existing text are shown by underline, deletions are shown by ctr!~thrcuGh.
Ordinance No. 2001-14
Page 3
Residential wall si,qns that are not re,qistered with the City Manaqer,
pursuant to a form that he/she shall provide, within 90 days of the
effective date (October 2, 2001) of this amendment to paraqraph c. of
subsection (2), are prohibited, shall be removed immediately and shall not
be entitled to status as lawful non-conforminR siRns. This provision will
not extend the amortization period previously allowed to office buildinq
wall siqns.
Section 2. SeverabiliW, The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
yes
yes
yes
yes
yes
Ordinance No. 2001-14
Page 4
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
The foregoing Ordinance was offered by Commissioner Beskin , who moved its
~ . . Grossman
adoption on second reading. The motion was seconded by L;ommiss~oner , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
PASSED on first reading this 4th day of September, 2001.
TEI:~A M. SOP~KA
CIT~CLERK ~
this 2r~ day
PASSED AND ADOPTED on second reading o?~t~2001.
J~'lafE~ i~. PER~.OW, MAYO'R'-.---
OMC /
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY