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2002-07ORDINANCE NO. 2002- 07 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND PARKING REGULATIONS FOR MIXED-USE DEVELOPMENT; AMENDING SECTION 31-191 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR SlGNAGE REGULATIONS FOR PARKING STRUCTURES; AMENDING SECTION 31-233 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR REGULATION OF OUTDOOR ACCESSORY FURNITURE; AMENDING SECTION 31-239 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR CLARIFICATION OF STORMWATER DRAINAGE REQUIREMENTS; AMENDING SECTION 31- 272 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING USES AND STRUCTURES; AMENDING SECTION 31-273 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING USES AND STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide additional language and/or to clarify certain sections of the Code; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; Ordinance No. 2002 - 07 Page 2 and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That Section 31-21 of the City's Land Development Regulations are hereby amended so as to provide for clarification of definitions, as follows1: Sec. 31-21. Definitions. 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, r-~,~.,;~,.,~.,o Section 2. That Section 31-171 of the City's Land Development Regulations are hereby amended so as to provide for regulations for shared parking for mixed-use developments, as follows: Sec. 31-171(b)... ~ Underlined provisions constitute proposed additions to existing text; ................ ,,.. prows~ons ind~cate proposed deletions from existing text. Ordinance No. 2002 - 07 Page 3 (12) Non-residential: Large Shopping Centers and/or Mixed-Use Developments. a. Shopping centers over 40,000 square feet... Shopping centers and/or Mixed-Use Developments may apply for 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 and/or Mixed-Use Developments uses are such that a sufficient disparity in peak demand for parking spaces exists to suppor~ the concept of shared parking. At the discretion of the Community Development Director, shopping centers and/or Mixed-Use Developments utilizing shared parking 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 and/or Mixed-Use Development. Section 3. That Section 31-191 of the City's Land Development Regulations are hereby amended to add paragraph (g)(10) so as to provide for signage regulations for parking structures, as follows: Sec. 31-191. Sign regulations generally. (g) Nonresidential district signs... (10) Parking Structure Wall Siqns. Approval necessary: Type: City Manager Reverse or channel letter Number (maximum): Location: only. sign One per entrance and exit drive Sign to be located immediately above or adjacent to entrance or Ordinance No. 2002 - 07 Page 4 exit drive. Si.qn area (maximum): Where the face of the structure elevation is setback from the right-of-way less than 100': eight square feet Where the face of the structure elevation is setback from the right-of-way more than 100': twelve square feet Illumination: Reverse or channel letters or external illumination, provided external illumination does not cast a qlare on an adiacent residentially zoned property. Directional si.qns without advertisin.q throuqhout the parking structure are exempt from this limitation. Section 4. That Section 31-233 of the City's Land Development Regulations are hereby amended so as to provide for regulation of outdoor accessory features, as follows: Sec. 31-233. Architectural design standards. (c) Minimum design standards. (1) Non-residential development... h. The design dimensions, materials, quantity and location of all outdoor accessory features, includin.q but not limited to security bollards, trash cans, liqht poles, street furniture and newspaper racks must be submitted to and approved by the Community Development Director. i. No outside display or sale of any merchandise shall be permitted, includin.q but not limited to sales from vendin.q machines unless approved by the Ordinance No. 2002 - 07 Page 5 Community Development Director or pursuant to other requirements in the City Code. The location of public telephones must be submitted to and approved by the Community Development Director. The decision of the Community Development Director pursuant to h., and i., above, will be based upon findin.qs of compatibility, safety and screenin.q from view of the public ri.qht-of-way; and as to i., above will be based upon findin.qs of compatibility and safety. Section 5. That Section 31-239 of the City's Land Development Regulations are hereby amended so as to provide for clarification of stormwater drainage regulations, as follows: Sec. 31-239. Compliance with Comprehensive Plan. (5) Stormwater management (drainage)... 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 the 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 .... *"'"+"'~ "* cr "" .... *"" ""~"~ .... ~'~"~'"- elevated no lower than one foot above base flood elevation or 18 inches above the hi.qhest point of the whichever is hi,qher. adiacent road crown elevation, Section 6. That Section 31-272 of the City's Land Development Regulations are hereby amended so as to provide for clarification of nonconforming uses and structures regulations, as follows: Ordinance No. 2002 - 07 Page 6 Sec, 31-272. Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested dghts pursuant to subsection 31- 3(b)(2). Section 7. That Section 31-273 of the City's Land Development Regulations are hereby amended so as to provide for clarification of nonconforming uses and structures regulations, as follows: Sec. 31-273. Discontinuation or abandonment of a nonconforming use o_r structure. If a nonconforming use or structure is discontinued or abandoned, whether intentionally or not for a period of 90 consecutive days, including any period of discontinuation or abandonment before the effective date of these LDRs, then that use or structure 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 8. 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 9. Inclusion in the Code. It is the intention of the City Commission, and Ordinance No. 2002 - 07 Page 7 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 10. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption on first reading. This motion was seconded by Commissioner Grossman, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Gressman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on second reading. This motion was seconded by Commissioner Grossman, 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 Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Ordinance No. 2002 - 07 Page 8 PASSED on first reading this 5th day of February, 2002. PASSED AND ADOPTED on second reading this 5th day of March, 2002. '~I~F'SA M. S~ROK~, CM~ Cl~T,~ CLERK ~ APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this (¢ day of March, 2002.