2002-22ORDINANCE NO. 2002-22
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 "DEFINITIONS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
SPECIFY THE ENFORCEABILITY OF RESTRICTIONS,
LIMITATIONS OR CONDITIONS INCLUDED IN ALL
DEFINITIONS; AMENDING THE DEFINITION OF
"HOTEL," AND CREATING RESTRICTIONS,
LIMITATIONS OR CONDITIONS CONCERNING HOTELS;
AMENDING DEFINITION OF "RESIDENCE OR
RESIDENTIAL USE," CREATING DEFINITION FOR
"MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional restrictions and text and to cladfy Section
31-21 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 legislative 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. Code Amended. That Section 31-21 "Definitions" of the City's Land
Development Regulations is hereby amended so as to provide for clarification and
amendment of definitions, as follows':
~ Underlined provisions constitute proposed additions to existing text; c_'c'Lck.cn '-~.cu~,~ provisions indicate proposed
deletions from existing text,
Ordinance No. 2002-22
Page 2
Sec. 31-21. Definitions.
For the purposes of this Chapter, the following words, terms and phrases
shall have the meaning herein set out. When these definitions include
restrictions1 conditions or limitations, such restrictions, conditions or
limitations shall be subject to enforcement upon the same basis as other
provisions of these Land Development Regulations.
Hotel shall mean a commercial establishment which provides temporary
overnight sleeping accommodations for the general public. No more than five (5)
percent of the individual hotel units shall be occupied for more than ninety (90)
continuous days by the same occupant of the hotel unit (the "Duration of Stay
Restriction"). It shall constitute a violation of this Duration of Stay Restriction to
allow any person to attempt to circumvent this provision by: relocating to another
unit in the same hotel; or by allowing a person to temporarily check out of the
hotel and subsequently re-register or check back into the hotel for such purpose.
Principal access to all rental rooms shall be through an inside lobby or office
supervised by a person in charge at all hours. Other typical hotel services must
be offered including daily linen and maid service, and receipt and disbursement
of keys and mail by the attendant at the desk in the lobby or office, for the
occupants of the hotel. No hotel facility shall be converted to or used as a multi-
family residential dwellinq. Compliance with the restrictions, conditions or
limitations set forth in this definition, shall be certified by the licensee at the time
of issuance and renewal of the applicable City occupational license.
Multi-family residential dwelling shall mean any qroup of more than four (4)
dwelling units occupying a single building site, composed of one (1) or more
buildings.
Residence or residential use shall mean used or intended for use exclusively for
dwelling purposes,...v.._...~;""~'"~; ..... _,._.....v...'+'"""* ..v._.v,~'"+"~" as applied to any lot, plat, plot,
parcel, tract, area or building, but not including hotel rooms.
Section 2. 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
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
Ordinance No. 2002-22
Page 3
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. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in
the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation. This Ordinance shall
also be subject to enforcement under the Local Government Code Enforcement Act,
Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended.
Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a
court of competent jurisdiction.
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 Commissioner Rogers-Libert, 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 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- 22
Page 4
PASSED on first reading this 2nd day of July, 2002.
PASSED AND ADOPTED on second reading this 3TM day of September, 2002.
J~FIE, EY M."PERLOW, MAYOR
ATTF~T: /'"'/ A
TERESA M. $(~RC~, ~;-MC
cl'r~' CLERK ~ -
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY