98-25 ORDINANCE NO. 98-25
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", AMENDING ARTICLE IV
"ZONING" AT DIVISION I "GENERALLY" TO CREATE
SECTION 34-95 "RESTRICTION UPON VARIANCE AND
OTHER DEVELOPMENT APPLICATIONS"; TO PROHIBIT
ACTION UPON APPLICATIONS PRIOR TO ABATEMENT
OF VIOLATION; REQUIRING REMOVAL BOND UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE
WHEREAS, the City Commission finds that it is appropriate to amend the City's
zoning regulations so as to provide for the abatement of any zoning violation which resulted
from work done or activities undertaken without a permit, or not in conformity with a permit
or development order, prior to consideration of an application for a zoning variance or other
approval concerning such work or activities, or to require posting of a removal bond in
certain circumstances; and
WHEREAS, in accordance with Section 34-1 of the City Code, the City Commission
has been designated as the local planning agency for the City pursuant to Section
163.3174, Florida Statutes; and
WHEREAS, the City Commission has reviewed this ordinance and has determined
that the regulations provided herein are consistent with the applicable provisions of the
Comprehensive Plan of Miami-Dade County, Florida as made applicable to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 34-95, "Restriction Upon Variance and Other Development
Applications" of Division I "Generally," of Article IV "Zoning" of Chapter 34 "Planning and
Ordinance No. 98-25
Page 2
Zoning", of the City Code, is hereby created to read as follows:
Section 34-95. Restriction Upon Variance and Other Development Applications.
(a) Under those circumstances in which work has been done or a use has
been established or conducted without obtaining the necessary
building permit or development order, no application for a variance,
special exception, special permit, unusual use, new use or site plan
approval (the "Approval") related to such work or to such use may be
considered by the City Commission, unless the zoning violation which
resulted from the conduct of such work or the establishment or
conduct of such use, is first abated and removed, so as to remedy the
violation of the City's zoning ordinances. Abatement and removal is
required prior to the application being heard by the City Commission
pursuant to Section 34-32 of the City Code.
(b) Under those circumstances in which a permit or development order
was issued for the conduct of work or the establishment or conduct of
a use, but which nevertheless gives rise to the necessity for an
Approval application because of non-compliance with permit or
development order conditions or otherwise, no Approval application
shall be heard by the City Commission pursuant to Section 34-32 of
the City Code, unless the applicant has first posted with the City a
Ordinance No. 98-25
Page 3
satisfactory surety or cash bond. The bond shall be in a form
approved by the City Attorney, in an amount of penal sum approved
by the City Manager, and shall provide for removal of the structure,
facility or the cessation of the use which gave rise to the zoning
violation necessitating the Approval application, upon denial of the
application.
Section 2. ~ That 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 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 Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Berger, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Ordinance No. 98-z.~5
Page 4
Commissioner Ken Cohen yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner Bes]~.~n ,
who moved its adoption on second reading. The motion was seconded by
Commissioner Ro~ers-LJ_berl: , 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 Jeffrey M. Perlow yes
Commissioner Patri¢ia Rogers-Libert yes
Vice Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 17 th day of November, 1998.
PASSED AND ADOPTED on second ~~~mber, 1998.
AI~I-H'UR I. SNY~ER, ~AYOR
A'~'EST: ~
TERE8^ M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFIClENCY~ ,//'''
CITY ATTORNEY