96-12 ORDINANCE NO. 96-12
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR A BUILDING MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL
ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN
THE CITY LIMITS OF THE CITY OF AVENTURA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF
MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ.
OF THE METROPOLITAN DADE COUNTY CODE FOR THE
CLASS "C" SIGN MATTERS ADDRESSED HEREIN.
WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura (the
"City"), there is presently in effect within the City the provisions of Article VI "Signs" of Chapter
33 "Zoning" of the Code of Ordinances of Metropolitan Dade County (the "County Code")
providing for the regulation of signs within the City; and
WHEREAS, Class "C," Commercial Advertising Signs, (including Billboards) are
currently regulated pursuant to such County Code provisions; and
WHEREAS, the City Council desires to implement comprehensive regulations of Class
"C" signs which will be more restrictive than those provided in the above-referenced County
Code provisions, so that the public safety is protected and the aesthetic and visual qualities of
the City are protected from impairment by Class "C" signs; and
WHEREAS, the City Council desires to insure that during the pendency of the
necessary study activity for the formulation and implementation of more comprehensive
regulations of Class "C" signs, that additional Class "C" signs are not installed, constructed or
modified, so that the ordinance produced by the City's study activity will be fully effective.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Moratorium Imposed. During the time that this Ordinance is in effect as
specified in Section 8 below, there shall be a moratorium upon the issuance of Development
Orders and Development Permits, as those terms are defined in Section 163.3164, Fla. Stat.
(collectively "Development Orders") within the City, concerning the matter of the installation,
construction, or modification of Class "C" Commercial Advertising Signs (the "Class 'C' Signs")
(including Billboards), as defined in Section 33-84(h) of the County Code, including any sign
which is used for any purpose other than: (a) that of advertising to the public the legal or exact
firm name of business conducted on the premises at which such sign is located; (b) that of
advertising any service or product or products actually and actively being offered for sale on
the premises at which such sign is located; (c) being designed or displayed solely to offer for
sale or rent the premises upon which such sign is located; (d) that of advertising construction
being done or proposed to be done upon the premises at which such sign is located; (e) that
of advertising special events approved to be held on the premises upon which such sign is
located.
Section 2. Waivers. The City Council, after a public hearing, may grant a waiver to the
moratorium provided above and authorize the issuance of Development Orders for Class "C"
Signs, where the City Council determines that the specific activity will not detrimentally affect
the outcome and implementation of the comprehensive study process being undertaken by
the City for the development of appropriate and effective Class "C" Sign regulations.
Section 3. Vested Rights. Nothing in this ordinance shall be construed or applied to
abrogate the vested right of a sign owner to complete development where the sign owner can
demonstrate each of the following:
(1) A governmental act of development approval obtained prior to the effective date of
this Ordinance;
(2) Upon which the owner has detrimentally relied, in good faith, by making substantial
expenditures; and
(3) That it would be highly inequitable to deny the sign owner the right to complete the
development of the Class "C" Sign.
Any sign owner claiming to have vested rights under this Section (3) must file an
application with the City Council for a vested rights determination within 90 days of the
effective date of this section. The application shall be accompanied by a fee of $1,500.00 and
contain a sworn statement as to the basis upon which the vested rights are asserted, together
with documentation required by the City and other documentary evidence supporting the
claim. The City Council shall hold a public hearing on the application and based upon the
evidence submitted shall make a determination as to whether the sign owner has established
vested rights.
Section 4. Appeals. Appeals from final decisions by the Council under Sections (2) or
(3) of this Ordinance shall be by the filing of a notice of appeal in the Circuit Court of the
Eleventh Judicial Circuit in and for Dade County in accordance with the Florida Rules of
Appellate Procedure for the review of the rulings of commissions or boards.
Section 5. Modification to vested development. Within 120 days of a final
determination of vested rights under Section (3), a property owner shall have the right to file
an application requesting a modification to the vested development, notwithstanding the
moratorium imposed by this section. In considering the applications, the City Council shall
apply all established criteria and land development regulations then in effect, including
applicable concurrency regulations, and zoning in progress. This right to apply for
modification does not in any manner vest any rights, and such application shall be considered
a new application subject to de novo proceedings.
Section 6. Exhaustion of administrative remedies. No sign owner claiming that this
section as applied constitutes or would constitute a temporary or permanent taking of private
property or an abrogation of vested rights may pursue such claim in court unless he or she
has first exhausted the administrative remedies provided in this section.
Section 7. Replacement of County Code Moratoria Provisions for Specific Matter
Concerning Class "C" Signs. Pursuant to City Charter Section 8.03, this Ordinance shall
replace the provisions of Section 33-319 et seq. of the County Code concerning building and
zoning moratoria, solely as related to the subject matter of this Ordinance concerning and
pertaining to Class "C" Signs, to the fullest extent authorized by law.
Section 8. Term. The moratorium imposed by this Section is temporary and, unless
dissolved earlier by the City Council, shall automatically dissolve 180 days after the effective
date of this Ordinance or upon the adoption of the new Class "C" Sign regulations of the City,
the formulation of which shall be expeditiously pursued, whichever occurs sooner.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger absent
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its
adoption on second reading. The motion was seconded by Councilmember Perlow, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading t~6th day c July, 1996.
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY