2002-14ORDINANCE NO. 2002-14
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "BUILDING"; AMENDING SECTION 31-
75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES;
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 cladfy 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;
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':
I Underlined provisions constitute proposed additions to existing text; ctr!c~c= thrc";h provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 - 14
Page 2
Section 1. Section 31-21 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to the definition of "building", as
follows:
Sec. 31-21. Definitions...
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built for the shelter or enclosure of persons, animals, personal
property or property of any kind. This definition shall include tents, awnings or
vehicles situated on private property and serving in any way the function of a
building but shall not permit the use of temporary structures except as provided
in Section 31-75 of this Chapter.
Section 2. Section 31-75 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to temporary uses, as follows~:
Sec. 31-75. Temporary uses.
(b) Review and approval...
(11) Modular trailers or portables for the purpose of temporary facility(les) only
for public or private educational purposes for student classrooms and
administrative space, for a development project with final site plan approval. The
temporary facility{les) shall be located on and limited to the property which is the
subject of the final site plan approval. The maximum time limit for use of the
temporary facility(les) shall be eighteen (18) months from the date of final site
plan approval and shall be subject to the provisions of subsection (d) of this
section. A removal bond in the amount of $51000 for each structure, in a form
approved by the City Attorney1 shall be required from the applicant prior to
issuance of a permit for the temporary facility(les).
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
O~inance No. 2002- 14
Page 3
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. 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 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Cohen, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Vice Mayor Berger, who moved its
adoption on second reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Ordinance No. 2002
Page 4
PASSED on first reading this 7th day of May, 2002.
PASSED AND ADOPTED on second reading this 4th day of June, 2002.
J r: FF RE~'M.- PE RLOW, MAYOR
ATTE~,~ 0._ : )~~_~,
T~R~A M. S'~, djMC
~ CLERK ~
APPROVEDCIT ~IY~IORNEY A~SUFFIClENCY:
This, ~r~nance was filed in the Office of the City Clerk this 4~h day of June, 2002.
(~.~ CLE-RK ~___.~ ~-