2000-08 ORDINANCE NO. 2000-08
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING ZONING DISTRICT REGULATIONS
CONCERNING ABOVE GROUND FUEL STORAGE
TANKS SERVING EMERGENCY GENERATORS;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura deems it necessary to amend the City's Land
Development Regulations to enable the installation of above ground fuel tanks for
emergency generators in certain areas of the City; and
WHEREAS, the City Commission believes it is in the best interest of the public
to regulate the installation of above ground fuel tanks for emergency generators; and
WHEREAS, the City Commission desires to enhance the unique aesthetic
character of the City by requiring certain design standards associated with the
installation of above ground fuel tanks for emergency generators; and
WHEREAS, nothing in this ordinance shall impair the enforcement of more
restrictive restrictions imposed upon private property pursuant to the provisions of
Restrictive Covenants of Homeowners' Associations and Master Associations or the
provisions of Declarations of Condominium bylaws, rules or regulations issued
thereunder; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan,
Ordinance No. 2000-08
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the following sections of the City's Land Development
Regulations are hereby amended to read as follows:~
(RMF3, Multi-Family Medium Density Residential District) to add:
703.4.4 Above,qround Stora,qe Tanks. Above,qround Stora,qe Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storing fuel for emer,qency ,qenerators. ASTs must conform to the
followin,q requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
locking metal door or grate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3 zonin,q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin,q the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Mana,qer or desi,qnee.
~ Underlined provisions constitute proposed additions to existing text; ~dc~c,-. through provisions indicate
proposed deletions from existing text.
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Ordinance No. 2000-08
Page 3
(RMF3A, Multi-Family Medium Density Residential District) to add:
703.5.4 Above,qround Stora,qe Tanks. Above,qround Stora.qe Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storin.q fuel for emer,qency ,qenerators. ASTs must conform to the
followin,q requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin~q and
Iockin,q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3A zonin,q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin,q the location
of the AST relative to property lines1 the primary structure served by the ASTi
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supportin,q
documentation as deemed necessary by the City Mana,qer or desi,qnee.
(RMF4, Multi-Family High Density Residential District) to add:
703.6.4 Above,qround Stora,qe Tanks. Above,qround Stora,qe Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storin,q fuel for emer,qency ,qenerators. ASTs must conform to the
followin,q requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
Iockin,q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF4 zonin~q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin,q the location
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Ordinance No. 2000-08
Page 4
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or designee.
(B1, Neighborhood Business District):
704.2.2 Conditional 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.
· Above,qround Storage Tanks. Above,qround Stora,qe Tanks (AST) only
as an accessory use and only for the purpose of storin,q fuel for
emergency generators. ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Management.
(c) Be fully screened by a masonry or concrete wall with a self-
closing and Iockin,q metal door or gate. Such well shall be
landscaped in accordance with the City's Landscape Code.
(d) Be located in a manner consistent with the site development
standards of the B1 zonin,q district.
(e) Installation of any AST shall require a buildin,q permit from the
City. Application for building permit shall be accompanied by a
site plan indicatin,q the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Mana,qer or desi,qnee.
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Ordinance No. 2000-08
Page 5
(B2, Community Business District) to add:
704.3.6 Above,qround Storage Tanks. Above,qround Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storing fuel for
emergency generators. Such ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance With the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks With
bollards.
(d) Be located in a manner consistent with the site development standards of
the B2 zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures Within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
(B3, Heavy Business District) to add:
704.4.7 Aboveground Storage Tanks. Above,qround Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storing fuel for
emergency generators. Such ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or ,qate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
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Ordinance No. 2000-08
Page 6
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the B3 zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
(OP, Office Park District) to add:
704.5.5 Aboveground Storage Tanks. Aboveground Stora,qe Tanks (AST) are
permitted as an accessory use only for the purpose of storing fuel for
emergency generators. Such ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the OP zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
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Ordinance No. 2000-08
Page 7
(MO, Medical Office District) to add:
704.6.6 Above,qround Stora,qe Tanks. Above,qround Stora,qe Tanks (AST) am,
permitted as an accessory use only for the purpose of storin,q fuel for
emereencv eenerators. Such ASTs must conform to the followin,q
requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service court area or be fully screened by R
masonry or concrete wall with a self-closin,q and Iockin,q metal door or ,qate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turnin,q and backin,q trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the MO zonin,q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin,q the location
of the AST relative to property lines1 the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
(TCl, Town Center District)
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 B1 district.
· Sale of alcoholic beverages for on-premises consumption except with
meals.
· Uses that exceed the height limitations.
· Above,qround Storage Tanks. Above,qround Storage Tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
Ordinance No. 2000-08
Page 8
(b) Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Management.
(c) Be fully screened by a masonry or concrete wall with a self-
closing and locking metal door or gate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
(d) Be located in a manner consistent with the site development
standards of the TCl zonin,q district.
(e) Installation of any AST shall require a building permit from the
City. Application for building permit shall be accompanied by a
site plan indicatin,q the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Mana,qer or designee.
(CF, Community Facilities District)
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.
· Above,qround Storage Tanks. Above,qround Storage Tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency ,qenerators. ASTs must conform to the followin,q
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources
Management.
(c) Be fully screened by a masonry or concrete wall with a self-
closing and Iockin,q metal door or gate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
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Ordinance No. 2000-08
Page 9
(d) Be located in a manner consistent with the site development
standards of the CF zoning district.
(e) Installation of any AST shall require a building permit from the
City. Application for building permit shall be accompanied by a
site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Manager or designee.
(ROS, Recreation/Open Space District) to add:
708.1.4 Above,qround Storage Tanks. Above,qround Storage Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storing fuel for emergency generators. ASTs must conform to the
following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be fully,screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the ROS zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or designee.
(U, Utilities District) to add:
709.1.4 Above,qround Storage Tanks. Above,qround Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storing fuel for
emergency generators. Such ASTs must conform to the following
requirements:
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Ordinance No. 2000-08
Page 10
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backin,q trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the U zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
Section 2. Severability. The provisions of the 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 made a part of the Code of the City of Aventura; that the sections of this
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Ordinance No. 2000-08
Page 11
Ordinance may be re-numbered or re-lettered 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 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 yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder 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 Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
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Ordinance No. ?nnn-o8
Page 12
PASSED AND ADOPTED on first reading this 7th day of March, 2000.
PASSED AND ADOPTED on second reading this 4th day of April, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. sOF~0KA, (~MC -
CI~ CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ClTYVATTORNEY
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