99-09
ORDINANCE NO. 99-09
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
LAND DEVELOPMENT REGULATIONS FOR THE CITY; RESCINDING
ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan of the City of Aventura provides that land
development regulations will be prepared and adopted to implement the goals and
objectives of the Comprehensive Plan; and
WHEREAS, the City Commission has determined that the Miami-Dade County
zoning code, currently in effect, does not meet the needs of the City and desires to replace
same; and
WHEREAS, the City has held numerous Workshop Meetings and obtained
extensive input and participation by the public through these meetings; and
WHEREAS, the City Manager has presented and recommended the adoption of
Land Development Regulations that will preserve the public health, safety and welfare of
the City; and
WHEREAS, the City Commission, sitting as the Local Planning Agency pursuant to
City Code Section 34-1, has held a public hearing upon the Land Development Regulations
and has recommended adoption of the Land Development Regulations to the City
Commission; and
WHEREAS, the City Commission has held public hearings upon the adoption of the
Land Development Regulations pursuant to this Ordinance; and
WHEREAS, in accordance with the City's procedures and Section 166.041, Fla.
Stat., public notice has been given of the public hearings for the proposed adoption of this
Ordinance adopting the Land Development Regulations; and
WHEREAS, the City Commission finds that it is in the best interests of the health,
safety and welfare of the residents and property owners of the City of Aventura to adopt the
attached Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted
and incorporated herein.
Ordinance No. 99-09
Page 2
Section 2. Adoption of Land Development Reaulations. That the Land
Development Regulations of the City of Aventura, attached hereto as Exhibit "A" and
incorporated herein, are hereby approved and adopted.
Section 3. Conflicts. That all ordinances and parts of ordinance in conflict
herewith are hereby repealed insofar as they are inconsistent or in conflict with the
provisions of this ordinance or the Land Development Regulations, and the Land
Development Regulations shall replace the provisions of the Miami-Dade County Zoning
Code to the fullest extent allowed by law. However, the repeal of ordinances and the
replacement of the Miami-Dade County Zoning Code shall not affect any offense or act
committed or done or any penalty or forfeiture incurred, before the effective date of this
ordinance.
Section 4. Severability. 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 5. 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 Aventura, Florida; 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 6. Effective Date. That this ordinance shall be in full force and effect on
the date of passage and adoption.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. The motion was seconded by Vice Mayor Rogers-Libert, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice-Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
2
Ordinance No. 99-09
Page 3
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert:
who moved its adoption on second reading. The motion was seconded by
Commissioner Beskin , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice-Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED on first reading this 15th day of June, 1999.
absent
yes
yes
yes
no
yes
yes
PASSED AND ADOPTED on second reading this 13th day of
ATTEST:
TERESA rvÍ. SORå~, CMC/AAE
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
f'.\1 !'
\-...)
CITY"ATTORNEY
3
City of Aventura
Land Development Regulations
OFFICIALS OF THE CITY AT TIME OF ADOPTION
July 1999
CITY COMMISSION
Mayor Arthur I. Snyder
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
CITY ADMINISTRATION
City Manager Eric M. Soroka
City Attorney Weiss Serota Helfman Pastoriza & "Guedes, P .A.,
Community Development Director Brenda Kelley
Senior Planner Bruce Epperson
Assistant to City Manager Jules Bevis
City Clerk Teresa.M. Soroka, CMC
Preparation of this document was aided through the financial assistance received from the
State of Florida under the Local Govemment Comprehensive Planning Assistance
Program, authorized by Chapter 87-98, Law of Florida and administered by the Department
of Community Affairs.
Office of the City Manager
Land Doynlopmnn' Rngulalion.
City of M'dura, FloÚd.
City of Aventura
Land Development Regulations
TABLE OF CONTENTS
CHAPTER 1. PURPOSE AND APPLICABILITY
Section 101
Section 102
Section 103
103.1
103.2
Section 104
104.1
104.2
............................................................."................................................... 1-1
Title
Authority and Purpose........................................................................................ 1-1
Applicability, Vested Rights............................................................................... 1-1
General Applicability..............................................................................................1-1
Exceptions- vested Rights.....................................................................................1-1
Official Zoning Map............................................................................................. 14
Amendments to the Zoning Map........................................................................... 14
Recording Amendments to the Zoning Map.......................................................... 14
Section 201
CHAPTER 2. DEFINITIONS AND RULES OF CONSTRUCTION
Section
202
202.1
202.2
202.3
202.4
202.5
202.6
202.7
202.8
202.9
202. 1 0
202.11
202.12
Definitions............................................................................................................2-1
Rules of Construction...................................................................................... 2-19
Generally ............................................................................................................. 2-19
Computation of Time...........................................................................................2-20
Administrative Delegation of Authority ................................................................ 2-20
Gender ................................................................................................................2-20
Non-Technical and Technical Words """"""""""""""""""""""""""""""""" 2-20
Number................................................................................................................2-20
Shall, May............................................................................................................2-20
Tense ................................................................................................................2-20
Written or In Writing ............................................................................................ 2-20
Year ................................................................................................................2-20
Day ................................................................................................................2-20
Boundaries.......................................................................~...................................2-20
CHAPTER 3 DECISION-MAKING AND ADMINISTRATIVE BODIES
Section 301
301.1
Section 302
302.1
City Commission ................................................................................................ 3-1
Powers and Duties................................................................................................. 3-1
Development Review Process ........................................................................... 3-2
Creation and Purpose............................................................................................ 3-2
Section 401
CHAPTER 4 COMPREHENSIVE PLAN
Section 402
Section 403
403.1
Land Dnvnlopmen' Regulation.
Cily DC Avan'",". Florid.
Purpose ................................................................................................................ 4-1
Legal Status of the Plan...................................................................................... 4-1
Amendments........................................................................................................4-1
Who May File ........................................................................................................4-1
Application Requirements......................................................................................4-1
Umitations on Number of Amendments................................................................ 4-1
Notice of Public Hearings ...................................................................................... 4-2
Amendment Procedure .........................................................................................4-2
Local Planning AgenCý Public Hearing ................................................................. 4-2
City Commission Public Hearing ........................................................................... 4-2
Transmittal of Proposed .Amendment................................................................... 4-2
Adoption of Proposed Amendment ....................................................................... 4-2
Approval of Amendment ,......................................................................................4-2
CHAPTER 5. DEVELOPMENT REVIEW PROCEDURES
403.2
403.3
403.4
403.5
403.6
403.7
403.8
403.9
403.10
Section
501
501.1
501.2
501.3
501.4
501.5
501.6
501.7
501.8
501.9
501.10
501.11
501.12
501.13
Section 502
502.1
502.2
Section 503
503.1
503.2
503.3
503.4
503.5
503.6
Section 504
504.1
Section 505
505.1
505.2
505.3
505.4
505.5
505.6
Section 506
506.1
506.2
506.3
506.4
Procedures of General Applicability ................................................................. 5-1
Who May File ........................................................................................................ 5-1
Application Requirements...................................................................................... 5-1
Preapplication Conference .................................................................................... 5-1
Filing of Application ............................................................................................... 5-1
Public Hearing and Notice Procedures.................................................................. 5-1
Rescheduled Meeting Dates.................................................................................. 5-2
Examination and Copying of Application and Other Documents .......................... 5-2
Resubmission of Applications After Denial............................................................ 5-2
Reliance on Infonnation Presented by Applicant .................................................. 5-2
Restriction upon Variance and Other Development Applications.....................5-2 .
Quasi - Judicial Proceedings .................................................................................5-3
Time Umit..............................................................................................................5-3
Prior Approvals......................................................................................................5-3
Pennitted Uses ................................................................................................... 5-5
Purpose .................................................................................................................5-5
Permits Required................................................................................................... 5-5
Conditional Uses .................................................................................................5-6
Purpose ................................................................................................................. 5-6
Application Requirements...................................................................................... 5-ß
General Standards of Review ............................................................................... 5-ß
Review by City ..Commission................................................................................ 5-7
Effect of Approval or Denial ............................................~.................................... 5-8
Amendments and Alterations to Approved Conditional Uses ............................... 5-8
New Uses............................................................................................................5-10
New Uses,............................................................................................................5-10
Temporary Uses ................................................................................................ 5-11
Pennit Required...................................................................................................5-11
Review and Approval .......................................................................................... 5-11
Maximum Time Umit...........................................................................................5-12
Revocation of Permits......................................................................................... 5-12
Exemptions.......................................................................................................... 5-12
General Criteria and Umitations for Temporary Use Permits ............................. 5-12
Variances............................................................................................................ 5-13
Purpose and Scope .............................................................................................5-13
Application Requirements....................................................................................5-13
Staff Review ........................................................................................................5-13
Review by City Commission................................................................................ 5-13
Land Do"lopmont Rogulation.
City of Åy, .. Fl. 'id.
¡¡
~
~
1'::
Section 507
Section
Section
Section
506.5
506.6
506.7
506.8
506.9
507.1
507.2
507.3
507.4
507.5
507.6
507.7
507.8
508
508.1
508.2
508.3
508.4
508.5
508.6
508.7
508.8
508.9
508.10
508.11
508.12
509
509.1
509.2
509.3
509.4
509.5
509.6
509.7
509.8
509.9
509.10
509.11
509.12
509.13
510
510.1
510.2
510.3
510.4
510.5
510.6
Standards of Review ................................................................................."........ 5-13
Conditions............................................................................................................5-14
Expiration of Approval .....................""""""""""""""""""""""""..............._...5-14
Amendments and alterations to Approved Variances......................................... 5-14
Administratve Variances.....................................................................................5-15
Amendments to the land Development Regulations and Official Zoning Map
""""""""""""""""""""""""""""""""""""""""""""""""""............5-16
Purpose ............................................,.................................................................. 5-16
Initiation """"""",,"""""""""""-"""""""...................,......................................5-16
Application Requirements....................................................................................5-16
Review by Staff .........................................................................................,......... 5-16
Review by City Commission................................................................................ 5-16
Standards for Revie'Mng Proposed Amendments to the Zoning Map ................5-17
Standards for Revie'Mng Proposed Amendments to the Text of the LOR.......... 5-18
Zoning In Progress, Temporary Hold on Permits and Ucenses.......................... 5-18
Subdivision Plat Approval................................................................................ 5-20
Purpose ........................................................................."....................................5-20
Plat Required.......................................................................................................5-20
Conformity to Comprehensive Plan ..........................................................""""" 5-20
Preliminary Plat .....,...................................................................................""""" 5-20
Tentative Plat Review """"""""""""""""'-"""""""""'..........................""""" 5-20 -
Final Plat Review.................................................................................................5-23
Endorsement of Final .Plat.................................................................................. 5-27
Requirements for Final City Signature """................................................"........ 5-27
Time Umitations of Final Plat Approval............................................................. 5-28
Enforcement Provisions ...................,.................................................................. 5-28
Modifications to Recorded Plats_......................................................................... 5-29
Recorded Plat......................................................................................................5-30
Administrative Site Plan Review...................................................................... 5-37
Required """"""""""""""""""""""""'......................."....................................5-37
Application Required .....................................................,..................................... 5-37
Exempt Development..........................................................................................5-37
General Site Plan Application Requirements """"""""""""'..................."........ 5-37
Preliminary Site Plan Submission Requirements............~................................... 5-38
Final Site Plan Filing............................................................................................ 5-39
Review "...............,..............................................................................................5-40
Approval """"""""""""""""""""""""""'...................,..-.................................. 5-40
Approved Plans...................................................................................................5-40
Site Plan Revisions.............................................................................................. 5-40
Engineering Plans................................................................................................5-41
Myler Copy of Approved Site Plans Required..................................................... 5-41
ConfOlTTlance with Approved Site Plans.............................................................. 5-41
Engineering Permits """"""""""""""""""""'......................................."....... 5-42
Purpose .............................................""""""""""""..........................................5-42
Engineering Construction Permit.........................................................................5-42
Engineering Excavation Permit...........................................................................5-42
Annual Permit for Mining, Quarrying or .
Excavation wi1h Blasting..................................................................................... 5-42
Engineering Right-of-Way Crossing Permit .........................................-.............. 5-42
Revocation of Engineering Permits.....................................................................5-42
Laod Devnlopmn.t Rngulation.
City of Ave.tura, Florida
Section 511
511.1
511.2
511.3
511.4
Section 512
512.1
512.2
512.3
512.4
512.5
Section 513
513.1
513.2
513.3
513.4
Review of Building Pennits.............................................................................. 5-44
Purpose and Applicability ....................................................................................5-44
Application Requirements.................................................................................... 5-44
Action by Community Development Department................................................ 5-44
Permit Card .........................................................................................................5-44
Certificates of Occupancy................................................................................ 5-45
Purpose and Effect ..............................................................................................545
Standards and Review ........................................................................................5-45
Action by Building Division .................................................................................. 545
Contents of Certificate ......................................................................................... 545
Posted Notice of Issuance................................................................................... 5-45
Appeals............................................................................................................... 5-46
Purpose and Applicability .................................................................................... 5-46
Filing of Application and Notice of Appeal........................................................... 5-46
Review ................................................................................................................ 5-46
Action by the City Commission............................................................................ 5-46
Section 601
CHAPTER 6. ARCHAEOLOGICAL AND HISTORICAL LANDMARKS
Section 602
Section 603
603.1
603.2
603.3
603.4
Section 604
Section 605
605.1
605.2
605.3
605.4
Section 606
Section 607
607.1
607.2
607.3
Purpose. .""""""""""""""""""""""""""""""""".""""."""""""""""""""'" 6-1 .
Standards for Designation of Archaeological and Historical.............................
Landmarks ...........................................................................................................6-1
Procedures for Designation ............................................................................... 6-1
Proposals...............................................................................................................6-1
Designation Report................................................................................................6-1
Consideration by City Commission ....................................................................... 6-2
Appeals..................................................................................................................6-2
Effect of Designation .........................................................................................6-2
Procedure for Obtaining Approval.................................................................... 6-2
Preapplication Conference ..............................................:.....................................6-2
Application for Development ApprovaJ.................................................................. 6-2
Decision of the City Commission........................................................................... 6-3
Expiration of Development Approval.................................................................... 6-3
Guidelines for Issuing Development
Approval......................................................................................."""""""""""" 6-3
Administration, Enforcement, Violations and Penalties................................. 6-3
Enforcement ........................................................................................................" 6-3
Violations and Penalties ........................................................................................6-4
Conflicts.................................................................................................................6-4
CHAPTER 7. USE REGULATIONS
Section 701
701.1
701.2
701.3
Zoning Districts................................................................................................... 7-1
Purpose ................................................................".................................................7-1
Division Of City Into Districts................................................................................. 7-1
Water Area ............................................................................................................ 7-2
Land D.vnlopm.n' R.gulatioo.
City of Av;nruu. Flodda
701.4
701.5
701.6
701.7
Section 702
702.1
Section 703
703.1
703.2
703.3
703.4
703.5
Section 704
704.1
704.2
704.3
704.4
704.5
704.6
Section 705
705.1
705.2
Section 706
706.1
706.2
Section 707
707.1
Section 708
708.1
Section 709
709.1
Section
710
710.1
710.2
710.3
710.4
710.5
710.6
710.7
710.8
710.9
710.10
710.11
710.12
Districting of Vacated Wæys .................................................................................. 7-2
Boundaries of Districts..................'.........................................................................7-2
Zoning for Annexed Areas.....................................................................................7-2
Designation of Zoning Districts on Zoning Map..................................................... 7-2
Conservation Zoning District (CNSL............................................................... 7-4
Purpose .................................................................................................................7-4
Residential Zoning Oistricts............................................................................... 7-5
Residential Districts ............................................................................................... 7-5
Residential Single Family Residential Districts (RS1) ...........................................7-5
Residential Single Family Residential Districts (RS2) ........................................... 7-<:'
Multi - Family Medium Density Residential Districts (RMF3) ................................ 7-7
Multi - Family High Density Residential Districts (RMF4L................................... 7-9
Business Zoning Oistricts................................................................................ 7-11
Purpose ............................................................................................................... 7-11
Neighbort1ood Business (B1) District................................................................... 7-11
Community Business (B2) District....................................................................... 7-13
Heavy Business (83) District ............................................................................... 7-20
Office Park (OP) District...................................................................................... 7-24
Medical Office (MO) Districts .............................................................................. 7-26
Town Genter Zoning District............................................................................ 7-29
Purpose ...............................................................................................................7-29
Town Center (fC1) District.................................................................................. 7-29
Industrial Zoning District.................................................................................. 7-32
Purpose ...............................................................................................................7-32
Ught Industrial District (M1)................................................................................. 7-32
Community Facilities Zoning District (CF) ..................................................... 7-37
Purpose ...................................................................................................:...........7-37
Recreation Open Space Zoning District (ROS).............................................. 7-39
Purpose ............................................................................................................... 7-39
Utilities Zoning District (U) ............................................................................... 7-40
Purpose ...............................................................................................................7-40
Specific Use Regulations .................................................................................7-41
AutolTruck/RV/Boat Sales and Rentals............................................................... 7-41
Bottle Club..........................................,......:.........................................................7-41
Child or Adult Care Centers................................................................................. 7-41
Drive-thru Windows.............................................................................................7-42
Group Homes ...................................................................................................... 7-42
Multi-Family Residential......................................................................................7-42
Outdoor Salcs......................................................................................................7-42
Outdoor Storage ............,.....................................................................................7-42
Rehabilitation Centers """""""""""""""""""""""""""""""""""""""........... 7-42
Utility Substations................................................................................................7-42
Warehouse - Self Storage................................................................................... 7-42
Wetland Mitigation Banks....................................................................................7-42
Land Do,olopmon' Rogulation.
Ci'r of A'onln". Florida
CHAPTER 8. OFF-STREET PARKING LOADING AND DRIVEWAY STANDARDS
Section 801
801.1
801.2
801.3
801.4
801.5
Section 802
802.1
802.2
802.3
802.4
802.5
802.6
802.7
802.8
Off-Street Parking and Loading Standards ..................................................... 8-1
General .................................................."""""""""""""'"................................... 8-1
Amount of Off Street Parking ................................................................................ 8-6
Use of Permitted Facilities...................................................................................8-15
Off Street Loading ............................................................................................... 8-16
Drive - Through Service Windows ...................................................................... 8-17
Driveway ..Requirements.................................................................................. 8-19
Design ................................................................................................................ 8-19
Intersection with Streets....................................................................................... 8-19
Separation Between Driveways........................................................................... 8-19
Maximum Width .................................................................................................. 8-19
Minimum Size...................................................................................................... 8-20
Proximity to Property Unes ................................................................................. 8-20
Paving ".""""""""""""""""""""""""""""""""""".".................................... 8-20
Clear Sight Triangles ...........................................................................................8-20
CHAPTER 9. SIGN REGULATIONS
Section
901
901.1
901.2
901.3
901.4
901.5
901.6
901.7
901.8
901.9
901.10
901.11
901.12
901.13
Section 902
Sign ..Regulations............................................................................................... 9-1
Intent and Purpose ................................................................................................ 9-1
Oefinitions..............................................................................................................9-1
Prohibited Signs.....................................................................................................9-<3
Required Signs ...................................................................................................... 9-7
Other signsINo Permit Required............................................................................9-7
Residential Permanent Signs ................................................................................ 9-<!
Nonresidential District Signs.................................................................................. 9-9
Temporary Signs.......,.........................................................................................9-14
Supplemental Regulations...................................................................................9-17
Permit Requirements...........................................................................................9-19
Non-conforming Signs.........................................................................................9-21
Sign Maintenance................................................................................................9-23
Removal of Improper Signs................................................................................. 9-23
CHAPTER 10. LANDSCAPING REQUIREMENTS
Temporary Political Sign ..............................................:...................................9-24
Section
1001
1001.1
1001.2
1001.3
1001.4
1001.5
1001.6
1001.7
1001.8
1001.9
Landscaping Requirements............................................................................. 10-1
Intent and Purpose ""'."".""""""""""""""'.""""."""""""""""......................10-1
Applicability.......................................................................................................... 10-1
Administrative Waiver......................................................................................... 10-1
Definitions............................................................................................................10-1
Landscape Plan Required """"'."""""""""""""""""""""""""""""'"............ 10-4
Minimum Landscape Requirements.................................................................... 10-4
Maintenance........................................................................................................10-7
Tree Removal Permit..........................................................................................10-8
Minimum Design Standards................................................................................10-9
CHAPTER 11. DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY
Section 1101
Land Do"lopm,n' Rngulation.
Ci'r of Avon",ra. Florida
Development Standards ...................................................................................11-1
Section 1102
1102.1
1102.2
1102.3
1102.4
1102.5
1102.6
1102.7
Section 1103
1103.1
1103.2
1103.3
Section 1104
1104.1
1104.2
1104.3
1104.4
1104.5
1104.6
1104.7
Section 1105
1105.1
Section 1106
1106.1
Section 1107
1107.1
Section 1108
1108.1
1108.2
1108.3
1108.4
1108.5
1108.6
1108.7
1108.8
1108.9
1108.10
1108.11
1108.11
1108.11
Section 1109
1109.1
1109.2
1109.4
1109.5
1109.6
Section 1110
Subdivision Design Standards........................................................................ 11-2
General................................................................................................................11-2
Street Layout .......................................................................................................11-2
Minimum Intersection Spacing ............................................................................11-3
Street Design ............................................"""""""""".......................................11-4
Addresses............................................................................................................11-7
Lots ..............................................................................."""""""""""""""'" 11-7
StOfTTI Drainage and Water Management Design Standards.............................. 11-7
Architectural Design Standards..................................................................... 11-11
Design Concepts .....................................,......................................................... 11-11
Pedestrian Orientation.......................................................................................11-11
Minimum Design Standards .............................................................................. 11-11
Outdoor Lighting Standards.......................................................................... 11-15
General..............................................................................................................11-15
Preparation of Site Ughting Plan....................................................................... 11-15
Minimum Illumination ........................................................................................11-15
Maximum Illumination ....................................................................................... 11-15
Ughting Height Standards ...........................................................................,.....11-15
Exceptions......................................................................................................... 11-15
Street Ughting.................................................................................................... 11-15
Wetlands Preservation.................................................................................... 11-16
ConfOfTTIance with Applicabie Regulations........................................................ 11-16
Coastal Tidal Water Standards ...................................................................... 11-17
Conformance with Applicable Regulations........................................................ 11-17
Surface Water Management Criteria.............................................................. 11-18
Conformance with Applicable Laws................................................................... 11-18
Accessory Uses............................................................................................... 11-19
General..............................................................................................................11-19
Awnings and Canopies......................................................................................11-19
Carports............................................................................................................. 11-19
Domestic Pet Shetters....................................................~.................................. 11-19
Fences and Walls..............................................................................................11-20
Gazebos ............................................................................................................11-21
Play Equipment ......,.......................................................................................... 11-21
Screen Enciosures.............................................................................................11-21
Swimming Pools & Spas ................................................................................... 11-22
Utility Sheds....................................................................................................... 11-24
UtilitylMechanical Equipment ............................................................................ 11-25
Waterfront Lands............................................................................................... 11-25
Docks; Construction Requirements ...................................................................11-25
Compliance with Comprehensive Plan......................................................... 11-26
Compliance Required........................................................................................11-26
Determining Compliance...................................................................................11-26
Development Orders Requiring Concurrency Determination............................ 11-26
Burden of Showing Compliance........................................................................ 11-27
Level of Service Standards .......................................;....................................... 11-27
Satellite Dishes ................................................................................................ 11-32
Land Dnvelopmnn' Regulation>
Ci'y of Av,ntura. Flodd.
1110.1
1110.2
1110.3
1110.4
1110.5
1110.6
Section 1111
Definitions..........................................................................................................11-32
Purpose and Intent ............................................................................................ 11-33
Small Satellite Dish Regulation ......................................................................... 11-33
Large Satellite Dish Regulation ......................................................................... 11-37
Violation of Artide..............................................................................................11-37
Contact ..............................................................................................................11-37
Wireless Telecommunications Towers and Antennas................................ 11-34
Section 1201
CHAPTER 12. NONCONFORMING USES AND STRUCTURES
Purpose and .Scope.......................................................................................... 12-1
Section 1202
Section 1203
Section 1204
Section 1205
Section 1206
Section 1207
Section 1208
1208.1
June 14, 1999
Expansion of Nonconfonning Use""""""""""""""""""""""""""""""""" 12-1
Discontinuation Or Abandonment of Nonconfonning Use .........................12-1
Change of Use ..."""""""""""""""""""""""""""""""""""""""""""""""" 12-1
Repair or Reconstruction of Nonconfonning Structure ............................... 12-1 "
Alteration or Enlargement of Nonconfonning Structure .............................. 12-3
Moving of Nonconfonning Structure """"""""""""-"""-""""""""""""""'- 12-3
Nonconfonning Lots of Record....................................................................... 12-3
Subdivision of Nonconforming Lots..................................................................... 12-3
Land Dn..lopmen' Regulation.
City of Avenlnra, Florida
Chapter 1: PURPOSE AND APPLICABILITY
Section 101: Title
This Code shall be entitled and may be referred to as the Aventura Land Development
Regulations ("LD~").
Section 102: Authority and Purpose
These LaM Develo¡JmeRt RegaiatiornLDRs are enacted pursuant to the requirements and
authority of Chapter 163, Part II, F1a. Stat. (the Local Government Comprehensive
PJanning and Land Development Regulation Act) and the general powers confirmed in
Chapter 166, F1a. Stat. (14wllcipalitiea) Home Rules Powers Act and the Constitution of the
State of Florida.
The purpose of the LDRs LaM DevelopmcRt ReguJations is to implement further the
Comprehensive PJan of the City by establishing regulations, procedures and standards for
review and approval of all development and use§ ofJand and water in the City, in additioR to
aM in mere detail tHan these in the Plar- Further, the LDRs Land Development
Regulations are adopted in order to fuster and preserve public health, safety, comfort and
weJfare, and to aid in the harmonious, orderly, and progressive development and
redevelopment ofthe City. It is the intent of these Reglliatiooo LDRs that the development
process in the City of Aventura be efficient, in terms of time and expense; effective, in terms
of addressing the natural resource and public fàcility implications of proposed development;
aBå-equitable, in tenns of consistency with established regulations and procedures, and
show respect for the rights of property owners, and the consideration ef.for the interests of
the citizens of the City.
Section 103: Applicability. Vested Ril!hts
103.1
General Applicability. Unless otherwise permitted as an Exception Ill1der
Section 103.2 or allowed to continue as a NODCOnfOmúng Use Ill1der Chapter
12, all existing, proposed and new development or ~development and uses of
land in the City of Aventura shall confonn strictly to the provisions of these
RcgulatioilliLDRs. Except as expressly provided in these RcgalatioooLDRs, no
development and use of Jand shall be Ill1dertaken without prior approval and
issuance of a development order pursuant to the provisions of these baOO
Developmem RegHlationsLDRs. The fàct that a development order, pennit or
decision has been issued by an officer or employee with apparent but not actual
esteEsièIe authority over the interpretation or enforcement of these RegHlatioilli
LDRs shall not estop or otherwise prevent the City ITom strict enforcement of
the provisions of these RegHlatioooLDRs.
103.2
Exceptions. Nested Ril!hts
103.2.1
The provisions of these LaM Develepmeat ReguJatioooLDRs. and
Land De.elopme.' Rngulation.
City of ......In... Florida
Page 1-1
any amendments hereto, shall not affect development which has been
prevIDHSIy approved after April 1, 1996. but before adoption hereof
and is otherwise exempted in accordanœ with the provisions of this
subsection, or the nonconformity section of these RegulatieBS.LDRs.
103.2.2 Nothing in this Code shall be construed or applied to abrogate the
vested right of a property owner to complete development where the
Pro¡;¡erty owner demonstrates each of the following:
(l) A governmental act of development approval was
obtained prior to the effective date ofthis Code or prior to
the effective date of an amendment to this Code: and
(2) Own which the property owner has detrimentally relied.
in good :fàith. by making substantial expenditures: and
(3) That it would be highjy inequitable to deny the pro¡;¡erty
owner the right to complete the development.
103.2.2.1 Exœpt as provided in 103.2.2.2 of this section. any
property owner claimiru:! to have vested rights under this
section must file an application with the City Mana"er for
a vested rights determination within 120 davs after the
initial effective date of this Code (as to any cJaim of vested
rights prior to initial adoption) or within 120 dayS after an
amendment of this Code (as to any cJaim of vested rights
arising after the initial adoption of this Code and prior to
the amendment). 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
Manager shall review the application and based uwn the
evidence submitted shall make a determination within 90
dayS as to whether the property owner has established
vested rights. The City Mana"er's decision shall be
subject to ap¡;¡eaL by only the applicant for vested rights
deternrination. to the City Commission by notice of appeal
filed with the City Manager within ten (J 0) dayS after the
City Manager's written decision.
103.2.2.2 Any property owner cJaiming to have vested rights under
this section. by virtue of: (i) A court judgment rendered by
a court of comoetent jurisdiction: (ü) County Vested
Rights Deternrination: or (ill) State Department of
Communitv AfIàirs Vested Rights Oeternrination may
follow the simDlified procedure authorized by this
Land D."lopm,nl R,gulation.
n;ty, .., '. F' 'id.
p. > ]-2
paragraph in lieu of the procedure provided by 103.2.2.1.
The procedure IUlder this paragraph 103.2.2.2. shall be as
follows:
(i) The property owner claiming such vested rights shall
file an application with the City Mana2er for a vested
rights detennination within 120 davs after the effective
date of this Code. The application shall be accompanied
by a fee of $500.00 and contain a sworn statement as to
the basis uoon which the vested rights are asserted.
together with docwnentation of the applicable aua.li.fVing
items li-iii) listed above or required by the City and other
documentary evidence supoortÎng the cJaÎI11. The City
Mana2er shall review the application. and based upon the
evidence submitted shall make a detennination. within 60
daYS. as to whether the property owner has established
vested rights. Vested rÎ!!hts applications pursuant to the
criteria of this paragraph shall be presumed to exist. uoon
submittal of the aualifYing items li-Ü1ì unless clear and
conYÍncÎI1l! evidence shows that vested rights have been-
waived. have expired or are not applicable. in whole or in
part. The City Manager is authorized to enter into a
Vested RUilits Detennination Agreement descnoÎI1l! the
applicable development criteria pursuant to which rights
are vested. so as to clearly guide future development. In
the event that vested rights are found to exist to complete
development in accordance with prior governmental
approval IUlder circwnstances in which certain ancillarv
cornoonents of a prooosed development are not vested.
the City M"n""er mav administratively grant variances
concerning such ancillarv cornoonents. so long as the City
M"n""er finds such variancês are compatible with
surrOlUlding uses and structures and necessary to fairly
implement the vested rights.
liD The City Manager's decision shall be subject to
aoveaL bv onlv the applicant for vested ri!Ùlts
determination. to the City Commission by notice of appeal
filed with the City Manager within ten !1 0) dayS after the
City M"",,"er's written decision.
Land De.elopmen' Regulationo
City of A.e.'nn, Florida
Page 1-3
103.2.2
The provisions of the Land Develol"meRt R~guJatioI1SLDRs shall not
affect development for which a building pennit bas been issued on or
before the effective date of the initial adoption of these LDR;¡, (unless
issued during the period of zoI1Îng in progress under circumstances
under which compliance with these LDRs was noted as a permit
condition) provided that such building permit was lawfully issued and
remains in full force and effect and the approval has not expired
under section 501.12. Upon completion of such development, eaeh
the development will be subject to the provisions of the~ LDR;¡
except as otherwise provided herein.
Section 104: Official Zoning Map
The City of A ventura is divided into zones or districts, as shown on the Official Zoning Map
and descnòed in the LDR;¡. The Zoning Map, together with all explanatory matter thereon,
shall be considered a part of the LDR;¡. The Zoning Map is the official record of zoning
status of areas within the City. A copy shall be maintained in the Connnunity Development
Department.
104.1
Amendments to the ZonÎn!! MaP. Amendments to the Official Zoning Map shall
be made in accordance with the procedures and standards of the LDR;¡.
104.2
Recording Amendments to the Zoning Map. Wrthin a reasonable period of time
after any amendment to the Zoning Map, the change shall be posted on the
Zoning Map.
Land Developm,o' Regulatiou.
Ci'r of A"nlura. Florida
Page 1-4
Chapter 2: DEFINITIONS AND RULES OF CONSTRUCTION
Section 201: Definitions
"Accessory Use or Accessory Building" shall mean a use of land or of a Building or
portion thereof customarily incidental and subordinate to the principal use of the land or
Building and located on the same lot with the principal use.
"Addition (to an existing Building)" shall mean any walled and roofed expansion to the
perimeter of a Building in which the addition is connected by a connnon load-bearing wall
other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load-bearing walls shall constitute new construction.
"Adult Use" shall mean any place in which a principal use is the excbange--for
consideration in any form, monetary or otherwise, for profit or not-for-profit--of materials
or exhibitions, including but not limited to, books, magazines, photographs, performances,
videotapes, electronic media, or movies, which have as their dominant theme matters
depicting, descn'bing, demonstrating or relating to completely or to opaquely covered"
human genitals or pubic regions, buttocks, or fèmale breasts below a point immediately
above the top of the areola, or human male genitaJs in a disceIDl'bly turgid state, even if
completely and opaquely covered, or which have as their dominant theme matters depicting,
descn'bing, demonstrating or relating to human genitals in a state of sexual stimuJation or
arousal, acts of human masturbation, sexual intercourse or sodomy, or the fondling or other
erotic touching of human genitals, pubic regions, buttocks or female breasts.
Places which are considered adult uses shall include the location of any organization,
association or establishment, including any public or private enterprise, club, bar, low¡ge or
nightclub in which a principal use is the exchange-for consideration in any form, monetary
or otherwise, for profit or not-for-profit-of materials or exlu'bitions, including but not
limited to, books, magazines, photographs, performances, videoiapes, electronic media, or
movies, which have as their dominant theme matters depicting, descn'bing, demonstrating or
relating to completely or opaquely covered human genitals or pubic regions, buttocks, or
female breasts below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely and opaquely covered, or which
have as their dominant theme matters depicting, descn'bing, demonstrating or relating to
human genitals in a state of sexual stimuJation or arousal, acts of human masturbation,
sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts.
"Airport or Heliport" shall mean any area of land, or any manmade object or fucility
located thereon, which is used, or intended for use, for the landing and takeoff of fixed wing
aircraft or vertical takeoff or landing of aircraft and any appurtenant areas which are used,
or intended for use, for airport buildings or other airport fucilities or rights-of-way, together
with all airport buildings and fucilities located on that area.
Land Dmlopm,o' Rogulation.
Ci'y of <I."»",,. Florida
Page 2-1
proposed use and for issuance of a development order, includIDg, but not limited to,
applications for approval of permitted uses, plats, conditional uses, rezonings, site plans and
variances, etc.
"Area of Special Flood Hazard" sball mean that area within a co=unity in the 100 year
flood pm
""\rterial StFeet OF Road" sflaI mean a route providiBg service, willeà. is relatively
coBtÎflOOæ, aad of reiati'leiy high tFafIie vohlme, IoBg ayeroge tri¡3 length, high operetÍÐg
speed, aaà high ffiÐeility importaflee. .^ .rterial roads sàaII geaemil)' Be those roads whieh
proviàe assess from eolJeetor roads, ROB resiàeRtial àriVe'Na)'S or limited assess high-llB}'S.
.^. street åœfÍÐg tBat H!ß1f1ÎAf; gi-'/eB ÌB Section 334.03 (15) Florida StaMes as IÐIlY Be
aH1Ðndeà ffom time to time. .^Jse any street designated as a State Pmipal J'.rteriaJ, State
Mille r f.rterial or Mmor .^ .rterial according to the TRJBS¡3ortatioB ElemeBt of the
Compreheasi'lC Plar~
"Assisted Living Facility (ALF)" sball mean any fàcility, licensed by the State of Florida,
which undertakes to provide for a period exceeding twenty-four hours, . housing,
foodservice, personal services, limited nursing services or limited mental health services to
W1Felated persons.
"Attached Residential" shall mean a Building with a common roof that houses more than
one dwelling unit.
"Attached Commercial" sball mean a Building with a common roof that houses more
than one commercial tenant.
"Attached Residential Lot" sball mean a fee simple ownership lot for the purpose of an
attached dwelling unit. These housing unit product types may include, but are not limited
to, fee simple duplex and townhouse units. "
"Attached Residential - Multi-Family" sball mean a group of two or more dwelling
units which are attached by one or more bearing walls. These housing unit product types
include garden apartments, townhouse units and may include other attached units.
"Attached Residential - Minimum Lot Area per Unit" sball mean the minimum
required lot area of any attached residential lot within a development parceL
"Awning" shall mean a rootlike cover that is temporary or portable in nature and that
projects fi:om the wall of a Building. The purpose of an awning is to shield a doOlway or
window fi:om the elements.
"Bars, Lounges and Nightclubs" sball mean a commercial establishment whose primary
business is the sale of alcoholic beverages for coDSUIIlption on p=ises and where under
50% of gross receipts are related to food service. Bottle clubs as defined by Florida
Land De,elopment Regulation.
Ci'r or ,hen"'u. F1orida
Page 2-3
Statutes shall also be included.
"Base Flood" shall mean the flood having a one percent (1%) chance ofbeing equaled or
exceeded in any given year.
"Bottle Clubs" see Bars, Lounges and Nightclubs.
"BufIeryard" shall mean an area of landscaping and open space around the perimeter of a
development parcel, or an area adjacent to a parking lot which is used to screen differing
land uses from each other. In some instances bufferyards may also be used to satisfY
rninimwn yard requirements.
"Building" shall mean any structure, either temporary or permanent, having a root; and
used or built for the shelter or enclosure of persons, animaJs, 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.
"Building Code" shall mean the South Florida Building Code, Millmi-Dade County
edition, as amended.
"Canal" shall mean a body of water having a width of 100 feet or less for linear areas in
excess of200 feet in length and used principally for the conveyance of water.
"Canopy" see "Awning".
"Capacity" shall mean the capability of a fucility to serve the needs of a user such as the
nwnber of vehicles a road can safely and sufficiently carry.
"Capital Improvements" shall mean the planning at; engineering for, acquisition of land
or equipment, and the construction of improvements and fucilities with a useful life of at
least three years, but does not include routine maintenance.
"Carport" shall mean a structure intended for vehicle storage not completely enclosed by
walls.
"Child or Adult Care Center" shall mean an enterprise involving the care offive or more
children and/or senior adults at one and the same time, either by day or night, which children
and/or senior adults are not foster children or related by blood or marriage to the operator.
Adult care centers shall not include those uses meeting the definition of Assisted Living
Facilities or Nursing Home.
"Church" see "Religious Facility"
"City Manager" shall mean the chief executive officer of the City as defined by the City
Code who shall have such duties as are legally prescnlJed.
Land De..lopmenl R'gul.lion.
City of ",enlu". Florida
Page 2-4
"Commercial Recreation" shall mean a business, or zoning district whose primary
purpose is recreational activities. Commercial recreation provides for major public and
private commercial recreational, civic and cultural facilities which of1èr recreational
opportunities to residents and tourists. Commercial recreation uses include but are not
limited to sports arenas, racetracks, theme parks, amusement parks and golf courses.
Commercial recreation uses may include movie theaters, bowling centers, heahh clubs, pool
balls, spas or video arcades if they are accessory uses to the main recreational uses.
"Commercial Use" shall mean any use whose primary purpose is retail sales or
professional offices and services and that is not considered a Heavy Commercial Use.
Commercial uses may include, but not be limited to: financial institutions; medical facilities;
personal services; restaurants; entertainment uses; small appliance repair; printing; studios
and galleries; instructional businesses; and recreational uses such as movie theaters, bowling
centers, health clubs, pool balls, or video arcades. Uses permitted in this category shall be
consistent with the City of A ventura Comprehensive Plan and implementing regulations.
"Commission" shall mean the City Commission of the City of A ventura.
"Community Development Director" shall be the director of the Community
Development Department as appointed by the City Manager.
"Comprehensive Plan", "Plan" shall mean the City of Aventura's Comprehensive Plan
as adopted by Ordinance No. 98-27 and as may be amended ITom time to time.
"Conditional use" shall mean uses which may be allowed under certain circumstances in a
particular zoning district after review and approval by the City Commission.
"Condominium" shall mean the form of real estate ownership defined by the Florida
Condominium Act, Chapter 718, Florida Statutes, as amended ITam time to time.
"Contiguous" shall mean next to, abutting, or touching and having a boundary, or portion
thereot; that is common to both properties.
"Density" or "Gross Density" shall mean the number of residential Dwelling Units or
rooms allocated to the project divided by the total project acreage. See also "Density,
Net".
"Density, Net" shall mean the number of residential Dwelling Units divided by the Net
Parcel Area.
"Detached Residential" shall mean an individual residential dwelling that is not attached
to another dwelling unit.
"Detached Residential - Minimum Lot Area per Unit"
shall mean the minimum
Land Dovelopm'n' Regulaliono
City of ,hentnu. Florida
Page 2-5
required lot area of any detached residential lot within a development parcel.
"Detached Residential - Minimum Lot Area per Unit" shall mean the núnimum
reqillred Lot Area of any Detached Residential lot within a Development Parcel.
"Developer" shall mean any person, corporation, partnersmp, other legal entities or a
governmental agency, undertaking any Development as defined in these LDRs.
"Development" shall mean the carrying out of any building activity or mining operation,
the making of any material change in the u.se or appearance of any structure or land, or the
dividing ofland into parcels. The following activities or u.ses shall be taken for the purposes
ofthese reguJations to constitute "development":
(a)
(b)
(c)
(d)
(e)
(1)
(g)
A reconstruction, alteration of or material change in the extent or
appearance of a structure on land.
A change in the intensity of u.se of land, such as an increase in the
number of dwelling units in a structure or on land, or an increase in
the number of businesses, manufacturing establishments, or offices.
Alteration of a shore or bank of a lake, pond, or canal, including any
"coastal construction" as defined in § 161.021, Florida Statutes.
Coannencement of drilling, mining, or excavation on a parcel of land,
except to obtain soil samples.
Demolition of a structure.
Clearing of land as an adjunct of construction.
Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following operations or u.ses shall not be construed for the purpose of these
regulations to involve "development":
(a)
(b)
Work by a mghway or road agency or railroad company for the
maintenance of a road or railroad track, if the work is carried out on
land within the boundaries ofthe right-of-way.
Work by any utility and other persons engaged in the distnoution or
transmission of gas, water, sewerage, or electricity, for the purpose of
inspecting, repairing, renewing, or constructing within any established
rights-of-way any sewers, mains, pipes, cables, utility tunnels,
powerlines, towers, poles, tracks, or the like.
Land Developmnn' Regulation.
City of Av,nluu. Flo,ida
Page 2.6
(c)
Work for the mamtenance, renewal, or alteration of any structure, if
the work affects only the interior or the color of the structure or the
decoration of the exterior of the structure.
(d)
The use of any structure or land devoted to dwelling uses for any
purposes customarily incidental to enjoyment of the dwelling.
(e)
A change in the ownership or form of ownership of any parcel or
structure.
(t)
The creation or termination of rights of access, riparian rights,
easements, covenants concerning development of land, or other rights
in land.
(g)
The use of any land for the purpose of growing plants, crops, trees,
and other agriculture or forestry products; raising livestock; or for
other agricultural purposes.
(h)
A change in use of a structure from a use within a zoning district to
another use in the same zoning district.
"Development" includes all other Development customarily associated with it unless
otherwise specified. When appropriate to the context, "Development" refers to the act of
Development or to the result of development. Reference to any specific operation is not
intended to mean that the operation or activity when part of other operations or activities, is
not development. Reference to particular operations is not intended to limit the generality
of this definition.
""Development Agreement" shall mean an agreement between an individual, partnership,
corporation or other governmental entity and the City for the ewress purpose of defining
responsibilities, scope of work, costs, payments, credits and any other relevant items relating
to the Development of real property or municipal fàcilities. A Development Agreement
may take the form of any legally valid contract approved by the City Manager, City
Attorney or designee.
"Development Approval", "Development Order" or "Development Penn it" shall
mean any building permit, site plan approval, conditional use approval, temporary use
permit, subdivision approval, change of land use district boundary, Plan amendment, or any
other official action to grant, deny or grant with conditions, issued by any official,
Co=ission, or Board of the City baving the effect of permitting development. See also
Section 163.3164, Florida Statutes.
"Development Parcel" sba11 mean a parcel of land and water used for residential or non-
residential structures, accessory structures, utilities, rights-of-ways, easements, agriculture,
open space and other public or private uses.
Land Deyelopm.n' Regulation.
City or AYenlura, Florida
Page 2- 7
"Dish Antenna" See "Antenna Dish".
"Divided Roadway" shall mean a street where the opposing directional lanes of traffic are
separated by a mectian or center turn lane.
"Drive- Thru" shall mean a fucility designed to accommodate pickup of food, merchandise
or services by a motor vehicle momentarily at rest in a driveway expressly designed for that
purpose.
"Duplex Unit" shall mean two Dwelling Units connected by a one-hour or greater fire-
resistive waIl
"Dwelling Unit(s)" shall mean a house, apartment, or condominiwn unit, trailer, group of
rooms, or a single room intended for occupancy as separate living quarters with direct
access ITom the outside of the building or through a common hall and with complete kitchen
fucilities for the exclusive use of the occupants, including rental units contained in a multi-
unit structure or complex which are licensed by the State Department of Business
Regu1ation, Division of HoteIs and Restaurants, as "apartments", "rental condominiums"
and "Retirement housing".
"Emergency" shall mean any occurrence, or threat thereof; whether accidental or natura!,
caused by man, in war or peace, which resuhs or may resuh in substantial injury or hann to
the population or substantial damage to or loss of property or public funds as decmed by
the City Manager or designee.
"Engineering Construction Permit" sball mean a pennit issued by the City Engineer
prior to the construction of any public improvements on public or private property.
"Excavation" sball mean removal or recovery by any ~ans whatsoever of soil,
rock,mineraJs, mineral substances or organic substances other than vegetation ITomwater or
land on or beneath the surfàce therefore or beneath the land surfuce whether exposed or
submerged.
"Exceptional Hardship" shall mean a burden on a property owner that substantially
differs in kind or magnitude ITom the burden imposed on other similarly-situated property
owners in the same land use district as a result of adoption of these LDRs.
"Fire Code" shall mean the South Florida Building Code and other codes adopted by the
City of Aventura for the prevention or control of fires.
II FAA II sball mean the Federal A viatio n Administration.
"Fence" sball mean an artificially constructed barrier of any material or combination of
materials erected to enclose, screen, or separate areas.
Land D...lopmnnl R'gulation,
Ci'r of A..nlura. Florida
Page 2-8
"Finished Elevation" shall mean the proposed elevation of the Jand surfàce of a site after
completion of all site preparation work.
"Flood" or "Flooding" shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas ftom the overflow of tidal waters or the
unusual and rapid accumulation of runoff of surfàce waters ¡¡'om any surfàce.
"Flood Insurance Rate Map" ("FIRM") shall mean the official map on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable.
"Flood Plain" shall have the same meaning as "Area of-Special Flood Hazard".
"Flood proofing" shall mean a combination of structural and/or non-structural additions,
changes, or adjustments to properties or structures subject to flooding which will reduce or
eliminate flood damages to properties, water and sewer fucilities, structures, and contents of
buildings.
"Floor Area" shall mean the sum of the gross horizontal areas of each story of the
principal building, measured ¡¡'om the exterior wails or fÌ"om the center line of party walls,
including the floor area of accessory uses and of accessory Buildings and structures.
"Floor Area Ratio (FAR)" shall mean the number calculated by dividing the gross Floor
Area of the Building (or Buildings) on a Lot by the Gross Area of that Lot.
"Freestanding Commercial" shall mean a structure used for Commercial uses which
does not share common walls or a roof with another building.
"Front Facade Area" shall mean the area ofa structure's or business' ¡¡'ont surfàce area.
The facade area shall include doors and windows. The fàcade area shall not include
canopies, overhang areas or other architectural embellishments.
"Front Street" at Street corners, or in other situations where a Lot abuts more than one
Street, the Front Street shall be the Street upon which the Lot address is based. If no
address has been assigned, then the side upon which the Lot has the least ¡¡'ontage is the
Front Street. In the case of unusual lot configurations, the Front Street shall be as
determined by the Community Development Director.
"Functional Integrity" shall mean the completeness and natural stability of an assemblage
of Dative plants and aninJals as indicated by measures of continuity, species diversity, species
interdependence and biomass.
Land D...lopmn.t R.gulationo
City of A'.dura. Florida
Page 2-9
"Future Land Use Map" or "Land Use Plan" shall mean the adopted Future Land Use
Map of the Land Use Element of the City of Aventura Comprehensive Plan, as defined in
Rule 91-5 of the Florida Administrative Code.
"Golf COUl1le" shall mean a nine or eighteen hole golf course, and driving ranges. Club
fucilities such as locker rooms, restaurants and lounges, pro shops, and other
complementary uses are considered part of a golf course.
"Governmental Agency" shall mean:
(a)
The United States or any department, commission, agency, or other
instrumentality thereot;
(b)
The State of Florida or any department, commission, agency, or other
instrumentality thereot;
(c)
Any local government or any department, commission, agency, or
other instrumentality thereof; or
(d)
Any school board or other special district, authority, or governmental
entity.
"Grade" shall mean the highest natural elevation of the ground surfåce, prior to
construction, measured ITom the crown or curb of the nearest road at the center of the
property, whichever is higher.
"Gross Acre" or "Gross Area" shall mean the total area of a Parcel including land and
water.
"Gross Floor Area (GFA)" shall mean the Floor Area inside of the exterior walls
including elevators, stair wells, common comdors, trash rooms, ~ommon lobbies, common
rest rooms, meter rooms and ancillary power equipment rooms.
"Ground Disturbing Activity" shall mean excavation or removal ofvegetation.
"Hazardous Materials" shall have the same meaning as that found in the South Florida
Building Code.
"Height" shall mean the vertical distance between the Finished Elevation at the center of
the iront of the building to the highest point of the roof surfåce, excluding mechanical
equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus
and utility poles. The height of a structure shall be measured to the mean height between
eaves and ridge for a gable, hip and gambrel roof and to the highest pdint, excluding
parapet, of a flat roof and to the deckline of a mansard roof
Land Dn..lopm,nt Regulation.
Cily of _"',nlun, Florid.
po.ge 2-10
"Home Occupation" shall mean a business or occupation conducted for limited business
activities in a residential district.
"Hospital" shall mean a medical fàcility which provides fur both inpatient and outpatient
treatment and has overnight accommodations, wherein professional services concerning
personal health of humans are administered by medical doctors, chiropractors, osteopaths,
optometrists, dentists or any other such profession, which may lawfully be practiced in the
State of Florida.
"Hotel" shall mean a commercial estabIisbment which provides overnight sleeping
accommodations for the public. Principal access to all rental rooms shall be through an
inside lobby or office supervised by a person in charge at all hours.
"Land" shall mean the earth, at or below the surface, !bat lies above mean high water for
water bodies. .
"Land Use" shall mean:
(a)
the Development !bat has occurred on land; or
(b)
the Development that is proposed on land; or
(c)
a use that is pennitted or perrnisSJ.'ble on the land lDlder the Plan, or
element or portion thereof; or LDRs.
"Light Industrial Use" shall mean an industrial use for the manufucture, fubricating,
processing, converting, warehousing, distn'bution, wholesaling, altering and assembling of
products, repairing, packaging or treatment of goods, the nature of which is that it will not
cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration,
or excessive light beyond the IxJlmdaries of the lot on which the.. use is conducted; menace
by reason of fire, explosion, or other physical hazards; hannful discharge of waste materials
including Hazardous Materials; or lDlusual traffic hazards or congestion due to type or
amolDlt of vehicles required by or attracted to the use.
"Local Planning Agency (LPA)" in accordance with OrdIDance 96-27 of the City of
Aventura., the City Commission has been designated as the local planning agency for the
City pursuant to Section 163.3174, Florida Statutes.
"Lot" shall mean a designated parcel, tract, or area of land established by plat,
subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or
buih upon. A lot has an assigned number, letter or other name through which it may be
identified.
"Lot of record" shall mean either a lot or contiguous lots which exist, under single
ownership at the time of adoption of this Code, and which are part of a subdivision, the plat
Land Dnvalopmnn' Rngulation.
City of Avan""" Florida
Page 2-11
of which has been recorded in the Public Records ofMiarni-Dade County; or any parcel of
land not part of a subdivision, that has been officially recorded by deed in the Public
Records ofMiarni-Dade County; provided that the deed for the lot or parcel was recorded
prior to the effective date of zoning in the area where the lot is located.
'1
"
~
:1
~
"Lowest Floor" shall mean the lowest enclosed area (includIDg basement) of a structure.
An unfinished or flood resistant enclosure, used solely for parking of vehicles (such as a
garage or carport), building access, or storage in any area other than a basement area, is not
considered the building's lowest floor.
"Master Zoning Plan" shall mean a Master Zoning Plan submitted and approved
according to the requirements oftlús Code.
"Mean Sea Level" shall mean the average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the flood plain. The purposes
of these reguJations, the term is synonymous with National Geodetic Vertical Datum
(NGVD).
"Motel" shall mean a Commercial establishment which provides overnight sleeping'
accommodations for the public. Principal access to all rental rooms shall be ITom the
outside and parking spaces shall be oriented in such a manner so as to fàcilitate direct access
ITom such units to the automobiles of the renters.
"Municipal Facilities" shall mean fàcilities provided by the City to serve the residents of
the City. These fàcilities may include police and fire department stations; municipal utilities
including but not limited to water and wastewater plants, pumping fàcilities, and disposal
fàcilities; municipal offices; city parks; civic and cultural buildings or any other uses which
the City Commission finds serve the residents of the City.
"Net Acre or Net Parcel Area" shall mean the total area of ~ Development Parcel less
water bodies, jurisdictional wetlands, rights-of-way, and land dedicated or reserved for
public parks (excluding tot lots and private recreation areas).
"Net Density" see "Density, Net".
"Net Floor Area (NFA)" shall mean the floor area inside of the exterior walls excluding
elevators, stair wells, common corridors, trash rooms, connnon lobbies, common rest
rooms, meter rooms, ancillary power equipment rooms, and all rooms with ceilings less than
six (6) feet high.
"New Construction" shall mean the commencement of construction on or after the
effective date of these LDRs. 10.\
"Nonconforming lot of record" shall mean a Lot of Record which does not meet the J
or width requirements of these regulations for the zoning district in which it is located.'
Land Dn..lopm.nl R.gulalio..
City of Avnnlnn, Flo,ida
"Nonconforming structure" shal1 mean a structure Jawfully established prior to and
existing on the effective date of these regulations, or any amendment hereto which renders
the strocture nonconforming, which no longer conforms to the requirements of these
reguJations for the zoning district in which it is located.
"Nonconforming use" shall mean a use lawfully established prior to and being conducted
on the eflèctive date of these regulations, or any amendment hereto which renders the use
nonconforming, which no longer conforms to the requirements of these regulations for the
zoning district in which it is located.
"N ursery School" shall mean any structure, lot or premise maintained or operated for the
trnining and/or care (other than medical care) of pre-school age children.
"Nursing Home" or "Home for the Aged" shall mean any fàcility, licensed by the State
of Florida, which \ll1dertakes to provide for a period exceeding twenty-four hours, nursing
care, personal care or custodial care to unrelated persons, who by reason of illness, physical
infirmity or advanced age require such services but does not include any place providing
care and treatment primarily for the acutely ilL
"Office" shall mean a use where the clerical, administrative, financial or consuhing aspects
of business, profussional, medical or governmental services are conducted. Office uses shall
include, but not be limited to; financial institutions, insurance offices, medical offices, or
business consulting services. Office shall not include the retail sale of merchandise,
industrial uses or recreational uses.
"Officer or Official" shall mean an officer or official of the City of Aventura.
"Office Park" shall mean a zoning district and land use district whose primary purpose is
to petmÍt planned office complexes in a campus-like atmosphere. with substantial buildings
and ample open space.
"Opeu Space" shall mean any area of Jand and/or water, which is open and Wlobstructed
fÌ'om the groWld to the sky including wetland mitigation areas and areas maintained in a
natural and undisturbed character. Open space shall include private parks, bufferyards,
common landscaped areas. Open space shall aJso include bicycle and pedestrian paths
external to a development parcel Open space shall not include submerged areas below the
Control Water Elevation (exclusive of wetJand areas), or areas covered with buildings,
parking areas, driveways and other paved areas.
"Outdoor Lighting" shall mean any light source that is installed or mounted outside of an
enclosed building, excluding street lights within a right-of-way.
Page 2-13
I
1'(
"Owner" shall mean any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety with legal or beneficial title in whole or in part of a
building or land.
"Parcel" shall mean a Contiguous Lot or tract ofland owned and recorded as the property
of the same person or persons or controlled by a single entity.
"Permeable Are-.!", "Pervious Area" shall mean any portion of the ground unobstructed
by a surfuce which prevents the natural seepage of water into the ground.
"Person" shall mean an individual, corporation, governmental agency, business trust,
estate, trust, partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
"Plan" - See Comprehensive Plan.
"Platted Lot" shall mean a lot which is identified on a recorded pJat.
"Plot" see "Lot".
"Principal Building" shall mean a building which is occupied by, and devoted to, a
principal use or an addition to an existing principal building which is larger than the original
existing building. In determining whether a building is of primary importance, the use of the
entire Parcel shall be considered. There may be more than one principal Building on a
Parcel.
"Pub" see "Restaurant".
"Public Buildings and Uses" shall mean office and service buildings, uses, or fucilities
owned or operated by a governmental agency.
"Public utility" shall mean any publicly owned, fÌanchised or regulated fucility for
rendering electrical, gas, communications, trnnsportation, water supply, sewage disposal,
drainage, garbage or refuse disposal and fire protection to the general pubJi
"Recreational Vehicle" shall mean a vehicle or portable structure built on a chassis,
without permanent foundation, which can be towed, hauled or driven and primarily
designed as temporary living accommodation for traveL recreation, or vacation use,
including but not limited to, travel trailers, truck campers, camping trailers, and motor
homes.
"Rehabilitation Centers" shall mean any fucility for the treatment and rehabilitation of
drug dependents as defined in Chapter 397, Florida Statutes.
Land Do,olopmnn' Rogulation.
City of A,onlun, Florida
Page 2-14
"Religious Facility" shall mean any church, synagogue, denominational or ecclesiastical
organization having an established place for worship in the City at which nonprofit religious
services and activities are regularly conducted.
"Residence or Residential Use" shall mean used or intended for use exclusively for
dwelling purposes, including apartment hotels, as applied to any Lot, plat, Plot, Parcel,
tract, area or BuikIing, but not including hotel rooms.
"Restauranf' sball mean a Commercial establishment where food and beverages are
primarily ordered ITom individual menus, served at tables, and consumed on premises.
"Retail" sball mean establishments engaged in selling goods or merchandise dll-ectly to the
ultimate consumer for personal or household consumption and rendering services incidental
to the sale of such goods. Establishments primarily engaged in providing services as
opposed to products to individuals shall also be considered a retail use.
"Right-of-Way" shall mean all land dedicated for public transportation, whether public or
private.
"Road Capacity" sball mean the maximum number of vehicles which can pass over a
given section of a roadway, during a given time period under prevailing traffic conditions as
defined in the current version of the Highway Capacity Manual.
"Sale" shall mean the exchange of a good, service, product or other item for
consideration, regardless of the fonn that consideration takes.
"Satellite Dish" - See Antenna Dish.
"Schools" shall mean an institution for instruction and learning whether public or private;
including pre-schools, grade schools, middle schools, high schoo~ colleges and UDiversities,
however not including private schools of professional training or day care centers.
"Setback" shall have the same meaning as Yard.
"Sidewalk" shall mean a concrete pedestrian path no less than 4 feet in width which runs
parallel to and within a right-of-way; or connects two or more non-residential parcels; or
connects a parking area to the entrance of a buikling.
"Single Family" shall mean a one fumily detached dwelling utilized for individually owned
one fumily homes.
"Small scale development" sball have the same meaning given in Chapter
163.3 I 87(1)(c) I ~ ~., Florida Statutes.
Land De..!opmenl Rngulalion.
City of Mentora. Flo,ida
Page 2-15
"Street or Road, Arterial" shall mean a route providing service, which is relatively
continuous, and of relatively high traffic volume, long average trip length, high operating
speed, and high mobility importance. Arterial roads shall generally be those roads which
provide access :6:om collector roads, DOn-residential driveways or limited access highways.
A street having that meaning given in Section 334.03 (15), Florida Statutes, as may be
amended :6:om time to time. Also any street designated as a State Principal Arterial, State
Minor Arterial or Mìnor Arterial according to the Transportation Element of the
Comprehensive Plan.
"Street or Road, Collector" sball mean a route providing service which is of relatively
> moderate average traffic volume, moderate average trip length and moderate average
operating speed. Such a route also collects and distnòutes traffic between local roads or
arterial roads and serves as a linkage between land access and mobility needs. Also any
street designated as an Urban Collector or Local Urban Collector in the Traru¡portation
Element of the Comprehensive Plan.
"Street or Road, Local" sball mean a road designated and maintained primarily to provide
access to abutting residential property. A Local Street or Road is of limited continuity and
is not intended for through traffic. A Local Street or Road is not a Major Street or Road. .
"Street or Road, Major" shall mean any street or road with a right-of-way greater than
or equal to sixty (60) feet. Also any street designated as a State Principal Arterial, State
Minor Arterial, Minor Arterial, Urban Collector, Local Urban Collector, or any future
roadway indicated as having more than two (2) lanes by the Year 2015 according to the
Transportation Element of the Comprehensive Plan. See also Arterial Street or Road and
Collector Street or Road.
"Street or Road, Minor" shall mean any Street or Road with a right-of-way less
than sixty (60) feet. See also Local Street or Road.
"Street or Road, Private" sball mean a Street that has not been ~cepted by the
City, Miami-Dade County or the State of Florida for public right-of-way purposes.
"Street or Road, Public" shall mean a Street that has been accepted by the City, Miami-
Dade County or the State of Florida for public right-of-way purposes.
"Structure" sball mean anything constructed, installed, or portable, the use of which
requires a location on a Parcel of land. It includes fixed or movable buildings which can be
used for housing, business, Commercial, storage, agricuhura1, or office purposes, either
temporarily or permanently. Structure also includes roads, driveways, walkways, paths,
fences, patios, decks, swimming pools, tennis courts, poles, pipelines, transmission lines,
tracks, signs, cisterns, sheds, docks, and other accessory construction.
"Subdivision" shall mean the division of property into two (2) or more Lots, Parcels,
tracts, blocks, sites, units or any other division ofland, or if the establicbment of new Streets
LAnd Denlopme.. Regulation'
City of Ann""'a, Florida
Page 2.16
~
!'
and Alleys is involved, any division of such Parcel. The term includes resubdivisions and,
when appropriate to the text, relates to the process of subdividing or to the 1ands or areas
subdivided.
"Substantial Improvement" shall mean any repair, reconstruction or improvement of a
structure conducted within any 12 month period, the cost of which equals or exceeds fifty
percent (50%) of the predestruction reconstruction value of the structure, as determined by
the Property Appraiser ofMiarni-Dade County, either (1) before the improvement or repair
is started, or (2), if the structure has been damaged and is being restored, before the damage
occUITed. For the purposes of this definition, substantial improvement is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimension of the
structure. The term does not, however, include either (1) any project for improvement of a
structure to comply with existing state or local health, sanitary or safety code specifications
which are necessary solely to assure safe living conditions, or. (2) any alteration of a
structure listed on the National Register of Historic Places, the State Inventory of Historic
Places, or any inventory oflocal historic places.
"Telecommunication Facilities" shall mean any fucility that is used to provide one or
more telecommunications services, including, without limitation, radio transmitting
telecommunications towers, other supporting structures, and associated fucilities used to
transmit teleconnnunications signals, An open video system is not a telecommunications
fucility to the extent that it provides only video services; a cable system is not a
telecommunications fucility to the extent that it provides only cable service. Also, any
antenna or broadcast equipment located outdoors which is used for telecommunications and
not otherwise defined as a Dish Antenna.
"Temporary Uses" shall mean uses that are required in the construction phase of
development or are uniquely temporary or seasonal in nature, including: Cbristrnas tree
sales, oontractors' model homes, contractors' project offices, proiect sales offices, seasonal
sales of farm produce, carnivals and tent meetings-or events.
"Total Floor Area" see "Gross Floor Area".
"Townhouse" shall mean more than two (2) attached dwelling units that are constructed
adjacent to each other and not one on top of another. These dwelling unit types may
include tri-plex and four-plex structures.
"Trafficways Plan" shall mean the Dade County Traflicways P1an or any subsequently
adopted Major and Collector Street P1an of the City of Aventura.
"Tree Survey" shall mean a document meeting the requirements of21-HH F.A.C., which
can be overlaid directly upon a site p1an and must provide, at a minimum, the following
information:
Land Dn..lopment R,gulaöo..
Ci'y of Aventux... Florida
Page 2-17
(1)
the location plotted by accurate techniques, in relation to all proposed
development, of all existing non-nuisance trees which are proposed to
be destroyed, relocated, impacted, or preserved;
(2)
the common and scientific names of each tree; and
(3)
the DBH of each tree, or if a multiple trunk tree, the sum DBH for all
trunks.
"Trip" shall mean a one-way movement of vehicular travel fÌ'om an origin (one trip end) to
a destination (the other trip end). For the pwposes of these provisions, trip shall have the
meaning which it has in commonly accepted traffic engineering practice and which is
substantially the same as that definition in the ITE Trip Generation Manual, CUITent edition.
"Trip Generation" shall mean the total number of vehicle trip ends produced by a specific
land use or activity.
"Useable Open Space" shall mean common land areas, either landscaped or developed as
active recreational, but not located within or on top of a residential structure. -
"Variance" shall mean a grant of reJief fÌ'om the requirements oftheS€ regulations which
permits construction in a manner otherwise prohibited by these regulations where specific
enforcement would result in unnecessary hardship.
"Vehicular Use Area" shall mean areas on a parcel of land used for traffic circulation and
parking which include, but are not limited to, driveways, parking spaces and access aisles,
stacking areas and by-pass lanes for drive-tbru windows, or outdoor retail sales and display
areas for new or used cars, trucks, boats or recreational vehicles.
"Warehouse" shall mean a business or Building used primarily f9r storage and distnòution
of goods and materials by manu1àctures, wholesalers, and distnòutors.
"Warehouse - Self Storage" shall mean a business or building used primarily for storage
of materials and personal goods by businesses and persons. A warehouse - self storage
building is leased in small increments to businesses and persons which do not conduct any
business activity fÌ'om the leased area and do not require an occupationaiJicense pursuant to
the City Code.
"Wetland" shall mean that land which is subject to Section 373.019, Florida Statutes.
"Wetland Mitigation" shall mean compensation for, or replacement of; lost or impacted
wetland areas and functional values by the creation of new wetland areas or by the
enhancement or preservation of existing wetland areas.
L.nd D,..lopm'n' R,gulaliono
City nf Mnnlnr.., Florida
Page 2-18
"Wetland Mitigation Bank" means an area designated and licensed for the purpose of
providing compensation for wetland impacts, and includes a resource analysis, credit
assignment system and long term maintenance plan that assures persistence of the mitigation
bank and the wetland functional values.
"Yard" shall mean an open area between a Structure and a Parcel Lot or Street
easement/right-of-way line which is within a Parcel boundary; or that area within a Parcel
between a Building and another Building. This area shall be unoccupied and unobstructed
ÍÌom the ground upward, except for permitted encroachments otherwise allowed in these
LDRs. In measuring a Required yard, the horizontal distance 1Ì'om the further-most
projection of the main Building shall be used.
"Yard, front" shall mean a Yard extending across the full width of the Plot between the
1Ì'ont Plot line and the required set back line. Every Required Front Yard shall be measured
at the closest point between the Lot or Parcel line and the structure. See aJso Front Street.
"Yard, rear" shall mean a Yard extending across the full width of the Plot between the
rear Plot line and the required set back line. Every Required Rear Yard shall be measured at"
the closest point between the Lot or Parcel line and the structure.
"Yard, Required" shall mean a 1Ì'ont, side or rear Yard, in which no Structure shall be
erected except as permitted by these LDRs. Required Yards for a Building shall not overlap
the Required Yards of another Building.
"Yard, side" shall mean a Yard exteniling 1Ì'om the 1Ì'ont Yard to the rear Yard, between
the side plat line and the required set back line. Every required side yard shall be measured
at the closest point between the Lot or Parcel line and the structure.
"Zoning Parcel" shall mean a Parcel of land zoned for a specific zoning district by
adoption of the Official Zoning Map or a Parcel ofland rezoned by ordinance.
Section 202: Rules of construction
In the interpretation of the language of these LDRs, the rules set out in this section shall be
observed unless such construction would be inconsistent with the manifest intent of the City
Connnission.
202.1
Genera11v. Tenns used in these regulations, unless otherwise specifically
provided, shall have the connnonly understood meanings, per definition
contained within the Pian, or the meaning reasonably ascn"bed to them by the
City Commission.
In the interpretation and application of any provision of these regulations, the
provision shall be held to be the minimum requirement adopted for the
promotion of the public heahh, safety, comfort, convenience and general welfure.
Land D...lopm..' R.gulaliono
City of A.....", Flo,ida
PH.ge 2.19
202.2
202.3
202.4
202.5
202.6
202.7
202.8
202.9
202.10
Where any provision of these LDRs imposes greater restrictions upon the
subject matter than a general provision imposed by another provision of these
regulations or other City ordinance, the provision imposing the greater
restriction or regulation shall be deemed to be controlling.
Computation of Time. The time within which an act is to be performed and
completed shall be computed by excluding the first and including the last day; if
the last day is a Saturday, Sunday or legal holiday recognized by the City, that
day shall be excluded.
Administrative Delegation of Authoritv. Whenever a provision of these LDRs
requires any City officer or employee to do some act or perform some duty,
these Land Development Regulations shall be construed to authorize delegation
to professional-level subordinates to perform the required act or duty unless the
terms of the provision or section specifY otherwise. Following any
reorganization of the structure or duties of existing departments, authority shall
be delegated to the appropriate successor department or division.
Gender. Words importing the masculine gender shall be construed to include the-
feminine and neuter.
Non-Technical and Technical Words. Words and phrases shall be construed
according to the common and approved usage of the language. Technical words
and phrases and such others as may have acquired a particuJar and appropriate
meaning in Jaw shall be construed and understood according to such meaning.
Number. A word importing the singuJar number may extend and be applied to
several persons or things as well as to one person or thing. The use ofthe plural
number shall be deemed to include any single person or thing.
Shall Mav. The word "shall" is mandatory; "may" is permissive.
Tense. Words used in the past or present tense include the future as well as the
past or present.
Written or In Writing. The term "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by printing or
otherwise.
Year. The word "year" shall mean a calendar year, unless otherwise indicated.
202.11 . !&y. The word "day" shall mean a calendar day, unless otherwise indicated.
202.12
Boundaries. Interpretations regarding boundaries of zoning districts shown on
the Official Zoning Map shall be made in accordance with the following:
Land D.,,!opm,n' R.gnlalion.
City of M'ntnn, Florida
Page 2-20
(a)
(b)
(c)
(d)
(e)
(t)
Center Lines as Boundaries. Where <listrict boundaries appear to
follow center lines of streets, alleys, easements, railroads and the like,
they shall be construed as following such center lines.
Property Lines and the Like as Boundaries. Where district
boundaries appear to follow street edge, lot, property or similar lines,
they shall be construed as following such lines.
Boundaries In or Adjacent to Bodies of Water.
(1)
Where ctistrict boundaries appear to follow shorelines or
center lines of bodies of water, they shall be construed as
following such shore lines or center lines. In case of
change in shore lines or course or extent of water, the
boundaries shall be construed as moving with the change.
(2)
Boundaries indicated as entering any body of water, but
not continuing to intersection with other zoning.
boundaries or with the limits of jurisdiction of the City
shall be construed as extending in the direction in which
they enter the body of water to intersect with other zoning
boundaries or with the limits of jurisdiction.
Boundaries Indicated as Parallel to or Extensions of Features Listed.
Where district boundaries are indicated as parallel to or extension of
features listed above, they shall be so construed.
Dimensions. Where dimensions are not otherwise indicated on or by
the Official Zoning Map, the scale of the may shall govem
Variation of Actual Location ITom Mapped Location. Where
physical or cultural features existing on the ground are at variance
with those shown on or by the Official Zoning Map, the actual
location shall govem
Land De..lopmenO Regulation.
City or ,henOnn. Florida
Page 2-21
Chapter 3: DECISION-MAKING AND ADMINISTRATIVE BODIES
Section 301: City Commission
Powers and Duties. In addition to any authority granted to the City Commission
by state law, the Charter of the City of Aventura, or the Code of Ordinances of
the City of Aventura, the City Commission shall have the powers and duties
listed herein in regard to the LD~. The City Commission's authority shall
include but not be limited to approval, approval with conditions, or modifications
or deniaL The City Commission is designated as the Land Planning Agency for
the City.
301.1
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
(i)
G)
(k)
(I)
To act as the Local Planning Agency under Section 163.3174, Fla
Stat.
To adopt and amend the Official Zoning Map in accordance with the
procedures outlined herein.
To adopt amendments to the text of the Land Developmeßt
RcgulationsLDR5.
To review applications for conditional uses.
To review applications for certain temporary uses,
To review variances from the development standards of these
regulations.
To hear and detennine appeals from Levels of Service Compliance in
accordance with the procedures of this Code.
To review final plats prior to recording "in accordance with the
procedures outlined herein.
To hear and decide appeals when it is alleged that there is an error in
any order, requirement, decision, determination made by any
administrative official acting pursuant to the LD~, except where
State or City regulations or this--these LD~ specifically provide
otherwise.
To review applications for development approval for Developments
of Regional Impact (DR!) and to issue development orders.
To enter into oo'iclopmeßt Development agrcemeßtsAgreements.
To review plat revisions.
Laud Devnlopmen' Regnlatioos
City nr AvenlUra, Florida
Page 3-1
"
Section 302: Development Review Process
Creation and Puroose. The City Manager is hereby authorized to establish a
development review process and to review and render recommendations on
applications for development, conditional uses, temporary uses, variances, plats,
development Development agreements Agreements. vested rights determinations
and site plans.
302.1
Land De..lop..eot Regulation,
City of A..ntun. Florida
Page 3-2
Chapter 4; COMPREHENSIVE PLAN
Section 401: Purpose
The City of Aventura Comprehensive Plan was adopted pursuant to the requirements and
authority of Part II, Chapter 163, FIaoFlorida Statut~8tat. (the "Local Government
Comprehensive Planning and Land Development Regulation Act") and Rule 9J-5 and 9J-11
of the Florida Administrative Code. The purposes of the Plan are defined in Chapter 163,
Fla. Stat., and the Plan.
Section 402: Legal Status of the Plan
No development order shall be issued under the provisions of these Land De'lelepmeRl:
RegulationsLDRs unless consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Section 403: Amendments
The Comprehensive Plan may be amended in accordance with this section and the notice
and hearing procedures as set forth in the LDR and applicable Florida Statutes. .
CoITections, updates, or modifications of current regulations which were set out as part of
the Plan shall not, for the purposes of this section, be deemed to be Plan amendments.
403.1
403.2
403.3
Who May File. Any person, board, agency or their authorized representative
affected by the City's Comprehensive Plan may apply to amend the Plan, except
as provided herein. An application to amend the Land Use Plan Map may only
be filed by the City Administration, City Commission or an owner of property
subject to the amendment.
Application Requirements. Applications shall be made on a fonn specified by
the Community Development Department Director i!!,)!tshall be accepted during
the filing periods established. The applicant shall submÍt all infonnation required
to adequately address the filing requirements adopted by the Department of
Community Affuirs and if applicable, the requirements of Miami-Dade County.
In addition, the applicant shall submit all other infonnation determined by the
Community Development Director to be necessary to address the comprehensive
planning criteria of the City. A fee covering the costs of processing an
application for a Plan amendment shall be established :6:om time to time by
resolution and shall be submitted with the application.
Limitations on Nwnber of Amendments. The City Administration shall establish
a schedule for the acceptance of applications for amendments to the
Comprehensive Plan. The limitations of bfiaptef-Section 163.3187 s;! ~., as
amended, Florida Statutes, as amended regarding the nwnber and type of
amendments which may be filed shall be complied with.
Land DevelopmeDt RegularioDs
City of AveDtun, Florida
Page 4-1
403.4
403.5
403.6
403.7
403.8
403.9
403.10
Notice of Public Hearings. Public hearings shall be held in compliance with
Gfla¡3tef-Section 163 .3184(15), ~Florida Statut~, as amended, and the
provisions of this Code.
Amendment Procedure. The procedure for amendment of the Plan shall be by
ordinance, in accordance with Sections Gflaptefs 163.3184 and 163.3187,
Florida Statut~F1£r-&-. as amended.
Local Planning Agencv Public Hearing. The City Commission, sitting as the
Local Planning Agency (LP A), shall hold at least one advertised public hearing
on a proposed Plan amendment to review the amendment and provide
recommendations. The meeting shall be noticed in compliance with the notice
requirements of this Seetien Chapter.
City Commission Public Hearings. The City Commission shall hold at least two
advertised public hearings on a proposed Plan amendment in compliance with
Sections Gflaptefs 163.3184 and 163.3187 Florida Statues F-£, as amended.
The meeting shall be noticed in compliance with the notice requirements of this
Seetien Chapter.
Transmittal of Proposed Amendment. Following the first public hearing on a
proposed Plan amendment, the City, if appropriate, shall transmit the required
nwnber of copies of the proposed Plan amendment to the required state and
county review agencies. If the amendment invel'les an amendment to the
CoWlty LaBd Use Plan then the City may tronsœit the re¡¡Wred nlHBber of copies
to the r{)E Iolireà review agencies.
Adoption of Proposed Amendment. Upon receipt of the comments from the
Department ofCommunÏty Affairs, the City Commission shall adopt, adopt with
changes or deny the proposed amendment in accordance with the provisions of
Gfla¡3tef-Section 163.3184(7), Florida Statutes, as ame¡¡ded.
Approval of Amendment. Upon approval of a proposed amendment, the City
Manager is authorized to make such amendment to the plan.
Lo.d Devclopme.' Regulorio.,
City of Ave.tun. Florido
Pa~e 4-2
Chapter 5: DEVELOPMENT REVIEW PROCEDURES
Section 501: Procedures of General Applicability
501.1
501.2
501.3
501.4
501.5
Who Mav File. An application for approval of a Development Permit may be
filed oruy by the owner of the land affected by the Development Pennit or an
agent of the owner specifically authorized by the owner to file such an
application. In the case of an amendment to the Comprehensive Plan or Official
Zoning Map, an application may be filed by the property owner or the City of
Aventura.
Application Requirements. Every application for a Development Permit shall be
in a form specified by the Community Development Department and shall be
accompanied by a fee, as established ITom time to time by the City, to defray the
costs of processing and reviewing the application and the required notice. The
application shall be prepared in the appropriate number of copies, accompanied
by such plans, data, or documents specified by the application form or by the
Community Development Director.
Preapplication Conference. The Connnunity Development Director shall, upon.
request of the applicant, schedule and hold preapplication conferences for the
purpose of reviewing the proposed development prior to the formal submission
of an application for development approval Formal application or filing of an
application and plans with the Community Development Department is not
required for the preapplication conference. Failure of staff to identifY any
requirements at a preapplication conference shall not constitute waiver of the
requirement by the decision-making body.
Filing of Applications. The Community Development Director shall establish
application filing deadlines and a review schedule for all applications. All
applications for a Development Permit filed with the Connnunity Development
Department shall be reviewed to determine whether thé application is complete.
If an application is incomplete the Community Development Department shall
notifY the applicant in writing of the deficiencies. An application for
development approval may not be scheduled for public hearing until all required
information has been submitted and the required review agencies have completed
their review.
Public Hearing and Notices Procedures. All public hearing and notice
requirements shall be provided in accordance with the provisions of Florida
Statutes, ~Section 163.3184(15) for a change to the City's adopted
Future Land Use Map, blJa¡¡tef-Section 166.041 for adoption of ordinances and
resolutions, and the City's quasi - judicial legislation as may be amended. When
an application for a district boundary change, changes in zoning regulations,
appeals of administrative decisions, conditional or temporary uses and variances
is filed, it shall promptly be set for public hearing before the City Commission.
LaDd n,v,lopm'Dt R,gularioo,
City of AvoDtu", Flodda
Page 5-1
f
...
;,.
501.6
501.7
501.8
501.9
501.10
Written recommendatioIJ1¡ of the City Manager or his designee shall be
developed and such recommendatioIJ1¡ shall become a part of the hearing file and
record, and open for public inspection. Notice of the time and place of the public
hearing descnòing the nature of the application and street address of the property
shall be published in a newspaper of general circulation in the City not less then
ten days prior to the public hearing. A courtesy notice containing substantially
the same infonnation set forth in the published notice may be mailed to the
property owners of record located within a radius of 300 feet of the property
descn'bed in the applicati<;>n or such greater distance as the City Manager may
prescn'be; provided, however, that fàilure to mail or receive such courtesy notice
shall not affect action or proceedings taken under this section. The property shall
be posted no later than ten days prior to the hearing in a manner conspicuous to
the public, by a sign Of signs containing infonnation concerning the application
including but not limited to the applied for wrung action and the time and place
of the public hearing. All costs of advertising, mailing and posting shall be borne
by the applicant.
Rescheduled Meeting Dates. Public hearings for applications may be deferred or
continued by the City Commission to a meeting date certain. The City
Commission may waive further notice except as provided for by Chapter 166;
Florida Statutes.
Examination and CoPYing of ADPlication and Other Documents. At any time
during normal business hours of the City, upon reasonable request, any person
may examine an application for development approval and materials submitted in
support of or in opposition thereto. Copies of such materiaJs shall be made
available upon ¡m;payment of the appropriate fee and within a reasonable time.
Resubmission of Applications After Denial. An application for development
approval may not be resubmitted for reconsideration to the City Commission for
a period of one year after the date on which an application for the same
development approval bas been denied by City CoII1lIÙSsion.
Reliance on Infonnation Presented bv Applicant. The City and its departments,
boards and agencies shall have the right to rely on the accuracy of statements,
documents and all other infonnation presented to them by the applicant or his
agent, in review of an application for development approval issued.
Restriction Upon Variance and Other Development Applications. Under those
circwnstances in which work bas been done or a use bas been established or
conducted without obtaining the necessary building permit or development
order, no application fOf a variance, conditional use, temporary 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 wning violation which resulted
ÍÌ"om 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 æaiag
ordinancesLDRs. Abatement and removal is required prior to the application
Land Dovelopmc.! Rcgolatioos
P.
<7
being heard by the City CommissioQ. pursu£lllt t6 the City Code.
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 sball be heard by the City Commission plliSllilRt to the City
Geèe-,unless the applicant bas first posted with the City a satisfuctory 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 sball provide for
removal ofthe structure, fàcility or the cessation of the use which gave rise to the
zoning violation necessitating the Approval application, upon denial of the
application.
501.11 Quasi -Judicial Proceedings. The following applications are quasi - judicial and
shall comply with the City's quasi - judicial legislation:
1. Site specific rezoning.
2. Site speciÐe CÐHl JfChensive Plan amendments.
3-.LConditionai Use applications.
1. Temporary uoo.
~L Variances, including, but not limited to: trees, signs, setback,
distance requirements between buildings or other variances
permitted by this Code.
M~Development of Regional Impact.
1-.LAny other development approval deemed to be quasi -
judicial by the City Attorney.
501.12 Time Limit. Within one vear after the Commission takes affirmative action
approVÏn!! an application for a variance. conditional use. other auasi-
iudicial zonin!! approval (other than a rezonin!!) or site plan approval (the
"Approval"). the Approval must be utilized in acéordance with its tenDS.
In the event that the Approval is not timely utilized. the Approval bv the
Commission shall automaticallv expire and shall be considered void and of
no effect. When takin!! affirmative action to approve an a~JOlication. the
Commission mav extend the time limitations set forth above. bv s"IJecificallv
authorizin!! a lon!!er period of time for utilization of the Approval.
Additionallv. the Commission mav !!rant a time extension for utilization of
the Approval upon a showin!! of !!ood cause in an application for extension
of time filed prior to the expiration of the initial time period. An Approval
shall be deemed to have been utilized if the use pursuant thereto shall have
been established. or if a building permit bas been issued. acted upon and the
develo¡:>ment to which such Approval is an inte!!ral part is progressivelv
and continuouslv carried to conclusion.
501.13 Prior Approvals. All Approvals which have been !!ranted prior to the
effective date of this sectioQ. shall be null and void and of no further force
Land Development Regalaboos
City of Aveotora, Florida
Page 5-3
~.
1
Land Dnvelopment Regularions
Ci!)' .r Ave.tun, Flodda
or effect if not utilized within one year after the effective date of this
Section.. unless vested rights are demonstrated pursuant to section 103.2.2.
The foregoing provision of this paragraph shall not apply if the
governmental resolution granting the Approval expressly established a
specific time limitation for utilizing the Approval. In such instances, the
time limitation established bv such resolution shall prevail.
"
Page 5-4
Section 502: Permitted Uses
502.1
502.2
~. Permitted uses are considered to be fundamentally appropriate within
the district in which they are located and are deemed to be consistent with the
Comprehensive PJan. These uses are permitted as of right, subject to the
required pennits and procedures descnœd in this Section. Pennitted Uses
require final site plan review and approval for compliance with the standards
applicable to a particular Permitted Use as provided in use regHlatÌÐas and
developmeat staHdards.these LDRs
Pennits Required. Except as explicitly provided herein, no use designated as a
Permitted Use in this code shall be established until after the person proposing
such use has applied for and received all required development pennits which
may include; final pJat approval, site plan approval, a building pennit and a
certificate of occupancy, all pursuant to the requirements of these Regulatioas
LDRs.
Land Developme.t Reg.latio.,
City .c Ave.tura, Florida
Page 5-5
Section 503: Conditional Uses
503.1
503.2
503.3
~. Conditional uses are generally compatible with the other land uses
pennitted in a zoning district but, because of their unique characteristics or
potential impacts on the surrOilllding neighborhood and the City as a whole,
require individual review as to their location, design, configuration, and/or
operation and of the public need for the particular use at the particular location
proposed, as well as the imposition of individualized conditions in order to
ensure that the use is compatible with the surroilllding neighborhoods and
appropriate at a particular location.
Application Requirements. No use designated as a conditional use shall be
established illltil after such use has received approval under the provisions of this
Section and has received all other permits required by these LDRs. An
application for Conditional Use approval shall be filed with the Community
Development Department on forms provided. The application shall include:
(a)
A preliminary site plan, meeting the technical requirements for a final
site plan.
(b)
An application fee, as may be established ITom time to time by the
City Connnission.
(c)
A written and graphic summary of the proposed project,
(d)
Ownership affidavit and Owner's Sworn to Consent, ifapplicable,
(e)
Current certified survey,
General Standards of Review. In addition to the standards set forth in these
LDRs for the particular use, all proposed conditional uses shall meet each of the
fu~~standards: "
(a)
The proposed use shall be consistent with the Comprehensive Plan;
(b)
The establishment, maintenance or operation of the proposed use
shall not be detrimental to or endanger the public health, safety,
eemtèft,or general weJfàre;
(c)
The proposed use shall be consistent with the community character of
the immediate neighborhood of the proposed use;
(d)
Utilities, roadway capacity, drainage, and other necessary public
fàcilities, including police, fire and emergency services, shall exist at
the City's adopted levels of service, or will be available concurrent
with demand as provided for in the requirements of theses LDRs;
Land Devolopmnot Regulations
r"oCAv, .. F "
P,. c '
(e)
(t)
(g)
Adequate measures exist or shall be taken to provide ingress and
egress to the proposed use in a manner that minimizes traffic
congestion in the public streets;
The establishment of the conditional use sball not impede the
development and improvement of surrounding properties for uses
pennitted in the zoning clistrict; and
The design of the proposed use shall minimize adverse effects,
including visual impacts, of the proposed use on adjacent property
through the use ofbuilding orientation, setbacks, buffers, landscaping
and other design criteria.
Review bv City Commission. The Community Development Department shall
detennine whether the proposed use complies with the general standards of
review and use regulations and development standards and all other applicable
development regulations. The Community Development Director shall transmit
to the City Manager a copy of the written staff report summarizing the fucts of
the case including all relevant documents and recommendations. The City
Manager shall schedule the proposed conditional use application for the next-
available Commission meeting providing the required notice procedures are met.
503.4
503.4.1
503.4.2
503.4.3
Laod Developmeot Regol.tioo,
City of Aveotu", Florida
Public Hearing. The City Commission shall hold one public hearing
on the proposed conditional use request.
Action bv City Commission. In considering a conditional use request
the City Commission shall review the proposed conditional use, the
general purpose and standards of review set forth in this Section, the
report and recommendation of the Administration and any oral and
written comments received before or at the public hearing. Based
upon the record developed at the public hearings, the City
Commission may: .
(a)
By resolution aàept-aDDrove the proposed conditional use
with or without conditions;
(b)
Deny the proposed conditional use.
Conditions. The City Commission may attach such conditions to the
approval as it deems necessary to ensure the proposed use confoans
to the standards set forth in the General Standards of Review and to
prevent or minimize adverse effi:cts on other property in the
neighborhood. , iaeluding, but HOt limited to: architecture! deaiga
guidelines Iim.'latÏÐB5 oa sÎæ, bulk aad Iocatiea; duratÏÐa of
col35!I1J£tÏÐn period; æqairemeats for laÐà5eaping, sigRage, outdoor
lighting, and the provisioa or IimitatÏÐa of iRgress and egress; duratiea
of the approval; hours of opemtÏÐa; and the mitigatiea of
Page 5-7
503.5
~
"
503.6
environmelltal, safety, IlØÎ5e or visual impacts. The City Com:rnission
may also require formal approval of a final site plan prior to the
issuance of building permits.
Effect of Approval or Denial
503.5.1
503.5.2
503.5.3
EligloilÎtv to Applv for Building Permit. etc. Approval of the
application for conditional use by the City Commission authorizes the
applicant to proceed with any necessary applications for site plan
approval, building permits and other permits which the City may
require for the proposed development. No permit shall be issued for
work which does not comply with the tenns of the conditional use
approval.
Expiration of Conditional Use Approval Unless otherwise provided
in the approval, the approval of a conditional use application shall be
void if the recipient does not obtain a building permit for the
proposed development within twelve (12) months after the date of
the approved Resolution. An applicant who bas obtained conditional
use approval may request an extension of this time period by filing
within the twelve (12) month period a letter stating the reasons for
the request. The City Commission may, by Resolution or Motion at a
regular meeting, grant one extension of up to six (6) months for good
cause shown by the applicant.
Recision of ApT?rovai bv Abandonment of Use. Any discontinuation
of an approved conditional use for a period of 180 consecutive days
shall constitute abandonment and shall rescind the approval of the
conditional use.
Amendments and Aherations to Approved Conditional Uses
503.6.1
503.6.2
Except as provided under Section 503.6.2, any expansion to an
approved conditional use and any addition to or expansion of an
existing conditional use shall reqWre the same application, review and
approval as required under this Section for the original approval of
the conditional use.
Minor changes in the site plan or design details of an approved
conditional use which are consistent with the standards and
conditions applying to the conditional use and which do not result in
additional external impacts, such as a minor shift in the location of a
building or structure, the realignment of parking spaces and aisles, the
relocation of a driveway and the like, may be approved by the City
Manager or his designee without obtaining additional approvals. Such
minor changes will be submitted at building permit application in the
fonn of a revised site plan along with a copy of the originally
LaDd D,volopm'Dt RogDlanODS
Dty of AvoDmra. Flo..da
Page 5-8
approved site plan,. clearly indicating the proposed minor changes. No
increase in the intensity, creation of variances or change in use shall
be considered a minor change for the purposes of this section.
Land Dovelopmeot Regulation,
City nr Avantura, Flodda
Page 5-9
Section 504: New Uses
504.1 New uses. Those uses or enterprises similar to those enwnerated in the Business
(B) or Industrial (M) Districts will be permitted in the B or M Districts which
permits one (1) or more similar uses; provided the Co=unity Development
Director finds that such new use is not more objectionable than the enwnerated
uses in such district, is similar thereto and will be compatlòle therewith. No use
that is enwnerated in any B or l-M District will be permitted in a more restrictive
district.
501.2 Prohibited ÌH r€Gideatiai dÍ5tri£t. <'\a)' lliJe of premises ÌH a re5idential di;,-:rict
wfli£1t eonfiiets '.~ BÐnæ! and expeetcd use in the dÎ!:itrÍ€t is proliibited.
~ Teaching ffiH5ie: æising voliltry. 'The teaehiBg of ffiæie fur profit, tOO raising of
pollitry fur sale, and other oeelipatiol15 wài.elt are operated as a BæÍBess sBaIJ aot
Be permitted ÌB any district wheœ such use obvioæly is ÌB conflict with the
prexribed and eJqJcctcd uses therein.
"
Land De.,lopme.t Reg.lario.,
City .f Ave.tun. Florida
Page 5-10
Section 505: Temporary Uses
505.1
505.2
Permit Reqillred. No temporary use or structure which is not otherwise treated
as a pennitted use or conditional use in a particular zoning district and which is
not otherwise prohibited shall be conducted or erected without a Temporary Use
or structure permit. This Section shall not override, and shall not substitute for,
any other section of the LDR which reqillres another type of permit, certificate,
or approval.
Review and ADDrovai. An application for temporary use shall be submitted and
reviewed in conformance with the Procedures of General Applicability. Notice
and public hearing reqillrements shall not apply to temporary use or structure
permits. The payment of an application fee, established by the City Commission,
shall be included with the application for a temporary use permit. Applications
for a temporary use or structure permit shall be reviewed and approved by the
City Manager or his designee, who may impose reasonable conditions upon the
temporary use or structure permit.
505.2.1
The establishment of the following uses shall reqillre a temporary use,
structure permit or special events permit issued by the City.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Construction office trailers for a development project with
final site plan approval.
Construction materials storage, processing and fàbrication
for a development project with site plan approval.
Construction equipment storage for a development project
with site plan approval.
Temporary sales offices and model homes established for
the express purpose of marketing a real estate
development project with the site plan approval. The
offices and model homes shall be located on and limited to
the property which is being marketed for sales.
Attended modular trailers for the purpose of collecting,
storing or distnouting goods on private property.
Unattended fàcilities are proluoited in any zoning district.
Garage sales
Seasonal sales lots offering Christmas trees, pumpkins,
flowers and the like; however, no temporary permit shall
be issued for sales within public rights-of-way, and
fireworks sales shall be subject to Fire Department
approval.
Land Dnvelnp..en' Rognlatinos
City or Avontu", Flodda
Page 5-11
505.3
505.4
505.5
505.6
(h)
(i)
Sidewalk or parking lot sales by City licensed businesses.
Non City sponsored fireworks displays and shows.
G)
Carnivals, fuirs, concerts, circuses or similar events.
Maximum Time Limit. A maxllnum time limit shall be established for all
temporary uses based on the minllnum amount of time needed to conduct the
permitted activity. Temporary uses and structures related to real estate
development projects shall not be maintained longer than the time necessary to
complete the construction of the project (issuance of the final Certificate of
Occupancy).
Revocation of Permits. Any temporary use which becomes a nuisance, violates
the conditions of the permit or is in violation of the LDR shall be revoked by the
City Manager. Any temporary use which endangers the public health or safety
shall be revoked immediately by the City Manager.
ExelllDtions.
505.5.1
No permit for temporary use or structure will be required when such
use or structure is part of a construction project by or for the City.
General Criteria and Limitations for Temoorarv Use Permits.
505.6.1
505.6.2
505.6.3
505.6.4
The temporary use must be compatible with the SUITOunding land
uses;
A parking problem must not be created. If off-site parking is to be
utilized, permission must be in writing ÍÌom the owner of the property
utilized.
An applicant may not receive a temporary use permit on the same
property more than three (3) times within a calendar year, unless
approved by the City Manager or his designee.
The temporary use must not endanger the public health or safety of
the citizens or businesses of the City of Aventura.
Land Dnvelopm..' Reg.laöo.,
I" 'orAv, , ,. F .'
P"e 5-12
Section 506: Variances
506.1
506.2
506.3
506.4
506.5
Purpose and Scope. The variance process is intended to provide limited relief
1Ì'om the reqlÚrements of the LDR in those cases where strict application of
those requirements will create a practical difficulty or unnecessary hardship, as
distinguished 1Ì'om a mere inconvenience, prohibiting the use of land in a manner
otherwise allowed under the LDR. Variances shall not be granted to allow the
establishment of a use or density which is not otherwise allowed in a zoning
district or which would change the zoning district classification of any or all of
the affected property.
Application ReqlÚrements. An application for a variance shall be filed by the
owner of the property upon which the variance is requested or their designated
representative. The application shall be on a fonn provided by the Community
Development Director and shall include an application fee as established by the
City CommissiolL
Staff Review. The Community Development Department shall review the
application to evaluate whether the proposed variance complies with the general
purpose and standards set forth in this Section for the granting of variances. The
Community Development Director shall compile a written staff report
swnmarizing the fucts of the case including all relevant documents. The
complete application and staff report prepared pursuant to this Section shall be
transmitted to the City Manager as provided herein.
Review bv City ComrrrissiolL The City Manager shall schedule the proposed
variance application for the next available Commission meeting providing the
reqlÚred notice procedures are met.
506.4.1
Public Hearing. The City Commission shall hold one public hearing
on the proposed variance.
506.4.2
Action bv City CommissiolL In considering whether to approve or
deny the application, the City Commission shall review the
application, the general purpose and standards set forth in this Section
for the granting of variances, staff reports, and any oral and written
comments received before or at the public hearing.
Standards of Review. A variance shall be granted only where tàe pr"fJonderance
eHfle-comvetent and substantial evidence presented in the particular case shows
that all of the of the following are met:
(a)
The particular physical SUlTOundingS, shape, topographical condition,
or other physical or environmental condition of the specific property
involved would resuh in a particular hardship upon the owner, as
distinguished 1Ì'om a mere inconvenience, if the regulations were
carried out literally.
LaDd DovdopmeDI Regulatio.,
City .f Ave.'..a, FI.rid.
PageS-13
4
506.6
506.7
506.8
(b)
The conditions upon which the request for a variance is based are
unique to the parcel and wotùd not be generally applicable to other
property within the vicinity.
(c)
The alleged difficulty or hardship is not economic and has not been
deh'berately created to establish a use or structure which is not
otherwise consistent with the LDR
(d)
The granting of the variance will not be detrimental to the public
welfure or injurious to other property or improvements in the vicinity.
(e)
The proposed variance will not substantially increase the congestion
in the public streets, or increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property values
within the vicinity.
Conditions. In granting a variance, City Commission may impose such
conditions and restrictions upon the premises benefited by a variance as may be
necessary to comply with the standards set out in this Section and to prevent or
minimize adverse effects on other property in the neighborhood., iReillEliflg, 'ern
not limited t6: lirnitatioB5 OB siæ, bWk aBd leeatioa; requir{)IÐeBts fer
kmdseapiÐg, signage, outdoor Jighting, aBd the pFOYisioB of adeqæte ingress aBd
egress; OOHFS of opemtion; and the mitigatioB of em'ÌfÐllll1Cffiai impaets.
Expiration of Ap9roval. The approval of a variance shall be void if the recipient
does not reeeive-<Jbtain a building permit or other development order for the
proposed use within twelve (12) months after the granting of the variance. An
applicant who has obtained approval of a variance may request an extension of
this time within the original approval period. The City Commission may, at a
regular or special meeting, grant up to a six (6) month extension request for
good cause shown by the applicant.
Amendments and Alterations to Approved Variances
506.8.1
Except as provided under Section 506.8.2, any expansion to an
approved variance and any addition to or expansion of an existing
variance approval shall require the same application, review and
approval as required under this Section for the original approval of
the variance.
506.8.2
Minor changes in the site plan or design details of an approved
variance which are consistent with the standards and conditions
applying to the variance and which do not result in additional external
impacts, such as a minor shift in the location of a building or
structure, the realignment of parking spaces and aisles, the relocation
of a driveway and the like, and landscape changes may be approved
Land Dnv.lopment Regulations
C"ofAv"..F1,"
Pape 5-14
by the City Manager or his designee without obtaining additional
approvals. Such minor changes will be submitted at building pennit
application in the form of a revised site plan along with a copy of the
originally approved site plan, clearly indicating the proposed minor
changes. No increase in the approved variance, creation of variances
or change in use shall be considered a minor change for the purposes
of this section.
506.9 Administrative Variances An administrative variance for setbacks. open space
and parking requirements mav be granted bv the City Manager or his designee
onlv when competent and substantial evidence is presented in the particular case
shows that all ofthe following has been met:
(a) The 1Jarticular variance created is a direct result of a dedication of
private Droverty to the City as requested bv the City.
(b) The alleged difficulty or hardship is not economic and has not been
deh'beratelv created to establish a use or structure which is not
otherwise consistent with the LDR.
(c) The grantÎn!?: of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the vicinity.
(d) The 1Jro1;JOsed variance will not substantiallv increase the congestion
in the public streets or increase the danger of fire. or endanger the
public safety. or substantiallv dimi:rúsh or impair Droperty values
within the vicinity.
.
Land Dnvelopment Regalatinn,
City or Aveotun, Flndda
Page 5-15
Section 507:
507.1
507.2
507.3
507.4
507.5
Amendments to the Land Development Regulations and Official Zoning
Map
~. The purpose of this article is to provide a unifonn procedure
concerning the review of and proposals for amendments to these regulations and
zoning designations, to provide for the continued integrity of these regulations;
to adapt to changes in the Community; and to allow the public an adequate
opportunity to be heard concerning issues arising under or incidental to these
regulations and amendments hereto. Whenever the public necessity,
convenience, general welfare or good zoning practice and planning techniques
require, the City Commission may, by Ordinance dilly adopted in accordance
with the procedures set forth herein, amend and/or supplement the LD~, the
zoning district boundaries or classifications of property now or hereafter
established or by amendment hereto. All amendments of the LD~ or Map shall
be consistent with the adopted Comprehensive Plan.
Initiation. An amendment to the text of the LD~ may be initiated by the City
Manager or the City Commission. Any affected person may j3etffiefl-~the
City to amend the text of the LD~. An amendment to the Zoning Map may be
initiated by the City of Aventura or by any person owning property within the'
area proposed for change on the Official Zoning Map subject to the payment of
an application fee to cover the cost of processing the application.
Application Requirements. Applications for amendment to the Zoning Map and
text of the LDR sball be on an application form specified by the Co=unity
Development Director. All applications filed shall be processed according to the
the LDR The information in the application sball address the standards of
Sections 507.6 and 507.7 as well as the standards for a specific zoning district.
Review bv Staff. The Co=unity Development Department shall review
applications for amendment to the text of the LDR and amendments to the
official zoning map and compile a written report whiéh swnmarizes the fucts of
the case including all relevant documents, and evaluates the proposed
amendment with the general purpose and standards set forth in this Section. The
Co=unity Development Director shall transmit a copy of the staff report to the
City Manager.
Review bv City Commission. The City Manager shall schedule the proposed
amendment for the next available City Commission meeting providing the
required notice procedures are met. The City Commission sball review all
amendments to the Official Zoning Map and amendments to the text of the Land
Development Regulations.
507.5.1
Public Hearing. In order to adopt an Ordinance the City Commission
sball hold (\'0'0 publie heariÐg OIl tBe proposed amendment eoB5istent
veith the procedures fur adoption sf an srdinaaee. Noti£e sf the
public heariÐg shall Be provided ffi aecordaE.ee with complY with the
Laod Developmeot Regulatlo.,
('" 'orAv '. F .'
paøe 5-16
507.5.2
507.6
notice and procedures set forth in Chapter 166, Florida Statutes and
the public hearing shall be conducted in accordance with the
provisions of this Code.
Action bv City Commission. In considering an amendment to the text
of the LDR or the Official Zoning Map, the City Commission shall
review the proposed amendment, the general purpose and standards
set forth in this Section, the report and recommendation of the
Administration, and any oral and written comments received before
or at the public hearing. Based upon the record developed at the
public hearings, the City Commission may:
(a)
Adopt the proposed amendment with or without
modifications by ordirnmce; or
(b)
Grant another zoning classification consistent with the
Future Land Use Map designation and Comprehensive
P Ian; ef
(c)
Reject the proposed amendment; or
(d)
Refer the matter to the administration for further
consideration.
Standards for Reviewing Proposed Amendments to the Official Zoning MaP. In
deciding whether to recommend approval of a proposed amendment, the
Administration and the City Commission shall determine whether or not:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The proposed amendment is consistent with Goals, aæ-Objectives
and Policies of the City's Comprehensive Plan.
The proposed zoning district is compatible with the surrounding
area's zoning designation(s) and existing uses.
The subject property is physically suitable for the uses permitted in
the proposed district. zo¡¡ed ptlI"pose arm/or the j'Jroposed tl5e and
i*'fP6S&.
There are sites available in other areas currently zoned for such use.
If applicable, the proposed change will contnòute to redevelopment
of an area in accordance with an approved redevelopment plan.
The proposed change would adversely affect traffic patterns or
congestion.
The proposed change would adversely impact population density
Lo.d De.el.pme.' Regulotio.,
City uf Ave.tun, Florid.
Page 5-17
i
.~
facilities, and other public facilities and services would be adversely
affected.
(h) Whether the proposed change would have an adverse environmental
impact on the vicinity.
(i) Whether the proposed change would adversely affect the health,
safety, and welfare of the neighborhood or the City as a whole.
507.7 Standards for Reviewing Pro-posed Amendments to the Text of the LDR In
deciding whether to reco=end approval of a proposed text amendment, the
Administration and the City Commission shall detennine consider whether or
not:
(a) The proposed amendment is legally required.
(b) The proposed amendment is consistent with the Goals and Objectives
of the Comprehensive Plan.
(c) The proposed amendment is consistent with the authority and
purpose of the LDR
(d) The proposed amendment furthers the orderly development of the
City.
(e) The proposed amendment improves the administration or execution
of the development process.
507.8 Zo11ÍIU! in Progress. Applicability. T emoorarv Hold on Permits and Licenses.
507.8.1 Purpose. The zoning in progress doctrine ("Zoning in Progress")
generallv allows the CitY to applv. on a retroactive basis. changes to
zoning regulations or to the zoning distriét status of property. to
previouslv approved or currentlv in process development
aPDlications. Additionallv. the Zoning in Progress allows a
temporary hold on pennits and licenses if there is a change in
zoning. which is alreadv in progress. that would affect the pennit or
license.
507.8.2 Initial Adoption of Land Development Regulations. Zoning in
Progress shall be applied to the initial adoption of this Code in the
following manner:
(i) Zoning in Progress shall not be applied to the extent
that vested rights are established pursuant to the
procedure set forth in Section 103.2.2.
(ü) Zoning in Progress shall not be applied to complete
Laod Development Regnlations
City nf Aveomn, Flor",
p.. "-18
and pending applications for development permits which
have been filed with the City before February 18, 1999.
(ill) Zoning in Progress shall a¡;>ply to applications for
development approval which were filed with City
after the cut-off date established in (ü) above, and
such application must comply with the criteria of the
Code, except as 1;>rovided in (i) above.
(iv) Zoning in Progress shall not apply to the grant of
any moratorium waiver specifically granted by the
City Commission.
507.8.3 Future amendments to LDR. When an amendment in the LDR or in
the application of any particular zoning district classification to land
is being considered, the City Commission may impose a temporary
hold on any development applications pending before the City with
respect to the area or the zoning regulatory text which is the subject
of the amendment, The hold shall co=ence upon the date that
notice of Zoning in Progress is published in a newspaper of general-
circulation in the City and shall continue in effect for a period ITom
the date of appli£ation notice until the subject legislation change,
with or without amendments, shall have been approved or
disapproved by the City Commission or for a period of three (3)
months, whichever is sooner, unless such development application
would be in conformity with the more restrictive of the existing
legislation zoning district status or the zoning district regulations as
compared to the proposed legislation zoning district status or
zoning district re!!ulations- An affected person may appeal the City
staff's application of this Provision to the City Commission for
review by the City Commission by filing a Notice of Appeal with
the City Manager. "
Land Development Regulations
City of Aveutoea, Flurida
Page 5-19
}
ì
ï
Section 508: Subdivision Plat Approval
508.1
508.2
508.3
508.4
508.5
~. The purpose of this Section is to establish the procedures and
requirements for obtailling approval of a plat of subdivision as defined by
Chapter 177, Florida Statutes.
Plat Required. Whenever land is subdivided in the City a plat must be recorded in
the Official Records of Miami-Dade. No plat of subdivision lying within the City
of Aventura shall be recorded in the Official Records of Miami-Dade County
prior to approval by the City Commission. No building permit shall be issued
unless a Final Plat has been approved by the City Commission. Furthermore, no
certificate of occupancy shall be issued prior to the Final Plat, including the
parcel or parcels of land on which a building will be constructed, has been
recorded in the Official Records of Miami-Dade County.
~508.2.l A building permit may be issued for an essential governmental
fàcility after preliminary plat review where the City Commission finds
that immediate construction ofthe governmental fàcility is essential to
the health, safety, or welfure of the public and where the City
determines that public facilities and services will be available at the
adopted level of service standards concurrent with the impact of
development of the governmental facility A certificate of occupancy
shall not be issued until the plat is recorded.
Conformity to Comprehensive Plan. No plat application shall be considered by
the City unless the original site and the lots to be created are in confonnance
with the City's adopted Comprehensive Plan.
PreJirnjnarv Plat. Advice and Cornment at Developer's Option. Upon request of
the applicant and payment of an application fee, a preliminary plat may be
reviewed by the Community Development Department. The comments and
advice of stafi; however, shall not be binding on tlie City or County or be
construed to create any right for the developer to rely on said comments. Review
of a preliminary plat shall be done in a reasonable time with specific notice to the
developer as to what constitutes a reasonable time under the existing fàcts and
circumstances at the time of submission.
Tentative Plat Review. All tentative plats prepared for review by Miami-Dade
County must be approved by the City prior to submission to the County. A
tentative plat shall show on a map all of the facts and data required by the
various City departments to determine whether the proposed layout of the land
in the subdivision is satisfàctory ITom the standpoint of the public interest.
508.5.1
Tentative Plat Application Requirements. The tentative plat and
application shall be filed with the Community Development
Department on forms provided by the department. The application
shall be submitted in accordance with the required number of copies
Laod Devolopm.., Regolanoo,
r' "Av .. F .'
Pape 5-20
shall be submitted in accordance with the required munber of copies
and with an application fee as established by the City. The following
information shall be part of the tentative plat application unless
waived by the Co=unity Development Director:
a) Proposed subdivision name and identifYing title, the name of the
City, and the section, township and range.
b) Location of property lines, existing easements, buildings,
watercourses, elevations, permits and other essential features.
c) The names of all subdivisions immediately adjacent.
d) The location of any existing sewers and water mains, or any
underground or overhead utilities, culverts and drains on the
property to be sulxiivided.
e) Location, names and present widths of existing and proposed
streets, highways, alleys, parks and other open public spaces as
well similar fucts regarding property immediately adjacent. -
f) The width and location of any street or other public ways or
places shown on the City or County Traflìcways Plan within or
adjacent to the area to be sulxiivided, and the width and locations
of all streets or other public ways proposed by the developer.
g) Date of field survey, north point and geographic scale.
h) Legal description and plan of proposed layout made and certified
by a Florida licensed land surveyor.
i) The proposed lot lines with approximãte dimensions and, in the
case of odd or irregularly shaped lots, suggested location of
building setback lines.
j) Where the tentative plat submitted covers only a part of the
subdivider's entire holding, a master tentative plat of the
prospective future street system of the unsubdivided part is
required, and the street system of the W1SUbmitted part will be
considered in the light of adjustments and coJillection with the
street system of the plat submitted.
k) The numbering of all lots, blocks and the lettering of all tracts
shall be shown on the tentative plat. All lots or tracts shall be
numbered or lettered progressively. All blocks shall be
progressively numbered except that blocks in numbered additions
bearing the same name shall be numbered consecutively
LaDd DovelDpmeD! RegDlanoD'
City of AveDlura, Florida
Page 5-21
,.
508.5.2
508.5.3
throughout the several additions.
I) A location map at the scale of one (I) inch equals three hundred
(300) feet showing existing and proposed rights-of-way.
Additional ReQuired Information. In addition to the plat and
application foITll, the applicant shall submit the following information:
a) A complete and current ownership and encumbrances report.
b) A lot parcel analysis, including the smallest lot size, largest lot
size, number of lots, acreage in each parcel, and number of
parcels.
c) The applicable base flood elevation information.
d) A list of all easements and rights-of-way to be vacated,
e) Copies of all land development and enviromnental licenses and
permits applied for including water management, and dredge and'
fill pem1Îts.
Additional Information to be Provided at Option of Director. In
addition to the information required with all tentative plat
applications, the Community Development Director may request the
following information if it is detennined necessary to ascertain the
adequacy of public fàcilities and consistency with the Comprehensive
Plan or Code, or eilier matters ofpHiJIie iaterestLDRs :
a) A sealed current topographic survey ("Plat Survey"). The Plat
Survey shall cover the entn-e area being platted and extend a
minimum of 100 feet beyond the plat 1ìrnits. The surveyor shall
certi:fY that the survey meets the requirements of this section.
The Plat Survey shall contain at a minimum the following
information:
(I) Property boundaries;
(2) Existing watercourses, canals and bodies of water
within or adjacent to the pJat limits;
Existing easements within or adjacent to the plat limits
and the purposes for which the easements have been
established;
Existing streets and alleys on or adjacent to the tract,
including name and right-of.way width;
All encumbrances and restrictions specified within the
Owner and Encumbrance report.
(3)
(4)
(5)
b) Written confumation JTom all utilities fi-anchised to operate in the
Laod Dov,lopm,ot R,gulation.
r'tr'" ., F "
City relative to the adequacy of proposed easements shown on
the plat and their ability to co-exist with other utilities which may
be placed within the easement.
c)A draft agreement concernÎflg the pa)wcnt of all œquired plfblie
fueiJitics and Hnpa£t roes.
è1clSchematic subdivision improvement plans for the
improvements necessary to bring water, sewer and public access
to the project, including all off-site improvements required by the
platting process, shall be submitted in conformance with this
code.
ejdlLegal documents in draft fonn ensuring perpetual maintenance
of s!!!y"'private roads, parking areas, Jandscaped areas, drainage
systems, wetland mitigation areas and other common areas.
£}elAn original title certificate or an attorney's opinion oftitle, and a
tax letter or receiptITom Miami-Dade County.
g)LMiami-Dade County DERM environmental review and
resulting comments.
508.5.4
Checking and InvestÍ!¡:ating Tentative Plats. The applicant shall pay
such fees, as may be prescnœd, for checking the tentative plat and
investigating such matters concerning it as may be requITed by law
and this Code.
508.6
Final Plat Review. All final pJats prepared for review by Miami-Dade County
must be approved by the City prior to submission to the County. No application
for final plat will be accepted by the City without approval of a corresponding
tentative pJat by Miami-Dade County. The final plat sku have incorporated all
changes or modifications as requITed to make the tentative plat confonn to City
and Miami-Dade County reqlÛrements. Otherwise, it shall confonn to the
tentative plat, and it may constitute only that portion of the approved tentative
plat which the applicant proposes to record and dcyclop within one year,
provided that such portion conforms with all reqlÛrements of this--Geèethese
LDRs and meets the approval of the City and Miami-Dade County.
508.6.1
Format of Final Plats. The final pJat shall be prepared by a land
surveyor registered in the state. The final pJat shall be clearly and
legibly drawn to a sheet size of thirty (30) inches by thirty-six (36)
inches and to a scale of sufficient size to be legible, with letters and
mnnbers to be no smaller than one-eighth (1/8) of an inch in height.
The final pJat, insofur as preparation is concerned, shall comply with
all applicable regulations and State Jaws dealing with the preparation
of plats.
Land DovelopmtDt Regulatioos
City of Aveotora. Florida
Pape 5-23
508.6.2
Final Plat Application Requirements. The final plat and application
shall be filed with the Community Development Department on
forms provided by the department. The application shall be
submitted along with the required number of copies and an
application fee as established by the City. The recording costs for
legal documents and fees for notification shall be paid prior to and as
a condition for the plat to be submitted for public hearing before the
City Commission. The following infonnation shall be part of the final
plat unless waived by the Director:
a)
Name of the subdivision. The Plat shall have a title or
name. The title of the plat shall include the name of the City
and the section, township and range of which such platted
land is a subdivision. The Community Development
Department shall disapprove any name or title which is
similar to the name of any previously approved plat in the
City and which may cause confusion.
b)
Deed Description. There shall be printed upon the plat a full
and detailed description of the land embraced in the map or
plat showing the township and range in which such lands
are situated and the section and part of sections platted and
a location sketch showing the plat's location in reference to
the closest centers of each section embraced within the plat.
The description must be so complete that ÍÌ'om it, without
reference to the plat, the starting point can be determined
and the outlines run. If a subdivision of a part ofa
previously recorded plat is made, the previous lots and
blocks to be resubdivided shall be given. If the plat is a
resubdivision of the whole of a previously recorded plat, the
fact shall be so stated. Vacation of previously platted lands
must be accomplished in the manner provided by law.
c)
Names of adjacent subdivisions.
d)
Names or numbers and width of streets immediately
adjoining plat.
e)
All plat boundaries.
f)
Bearings and distances to the nearest established street
lines, section corners or other recognized permanent
monuments which shall be accurately described on the plat.
g)
MunicipaL township, County or section lines accurately tied
to the lines of the subdivision by distance and bearing.
Land Dev,lopm,nt R'gnlations
Œ".fh,o,"r> F .'
p.
, 1d
h)
Accurate location of all monuments.
i)
Length of all arcs, radü, internal angles, points of curvature
and tangent bearings.
j)
Where lots are located on a curve or when side lot lines are
at angles less than eighty seven (87) degrees or more tban
ninety three (93) degrees, the width of tbe lot at the ITont
building setback line shall be shown.
k)
The name or munbering and right-of-way width of each
street or other right-of-way shown on plat.
I)
The numbering of all lots and blocks shown on the plat. All
lots shall be numbered either by progressive numbers, or in
blocks progressively numbered except that blocks in
numbered additions bearing the same name shall be
numbered consecutively throughout the several additions.
Excepted parcels must be marked "not part of this plat." -
m)
Plat restrictions to restrict type and use of water supply;
type and use of sanitary facilities; use and benefits of water
areas and other open spaces and odd-shaped and
substandard parcels; re subdivision of parcels as "platted,"
and restrictions of similar nature.
n)
All areas reserved or dedicated for public purposes. No
strip or parcel ofland shall be reserved by the owner, unless
the same is sufficient in size and area to be of some practical
use or service.
0)
The dimensions of all lots and angles or bearings.
p)
Minimum building setback lines where requITed by
ordinance.
q)
Location, dimension and purpose of any easements.
r)
Certification by a registered surveyor to the effect that the
plat represents a survey made by him, and that all
monuments shown thereon actually exist, and that their
location is correctly shown.
s)
An acknowledgment by the owner of his adoption of tbe
plat, and of the dedication of streets and other public areas
and the consent of any mortgage holders to such adoption
Lo.d nevclopmeot Reg.lotio.,
Gay of Aveo,"ro, Florida
Page 5-2S
508.6.3
and dedication. If existing right-of-way is to be closed,
purpose of closing must be stated on the plat.
t)
The signature and seal of the City. Provided, however, that
where property is being replatted the signature of the City
shall be affixed or denied pursuant to the procedures
established in Section 177.101, Florida Statutes (1971),
unless the vacation of prior plats has previously been validly
accomplished. .
Other data required. The following information is required to be
submitted at the time of final plat applicatiolJ, but shall not be a
part of the final plat:
a)
The surveyor shall show on the face of the plat (or shall
certify on a separate sheet, not to be recorded in the public
records) the Florida State Plane Coordinates (current
readjustment) of at least two (2) of the permanent reference
monuments shown on the plat. This requirement may be
waived by the Director if any portion of the land"
encompassed by the plat is more than one (I) mile fÌom the
nearest station shown on the list on file in the Dade County
Public Works Department's Survey Office, as updated; or
(B) all stations within one (I) mile of the plat have been
lost. A copy of the certified comer record (as defined in
Section 177.503 Florida Statutes (1993), for the comers
used shall be provided with the final plat.
b)
Current opinion of title fÌom any attorney authorized to
practice law in this State.
c)
Certification fÌom the City Depårtment of Finance and
Miami-Dade County that all taxes and assessments have
been paid on the land within the proposed subdivision or
receipted tax bills.
d)
If a zoning change is involved, certification that the change
requested has been approved and is in effect, and that the
size of lots and other features shown on the plat conform to
all zoning requirements.
e)
Certification fÌom the City Engineer that all required
improvements within the public right-of-way have been
completed or that the municipality is holding sufficient bond
for the completion of the improvements.
Land Development Regnlatioo,
City or Aventn", Florida
p., <"'
t) Anv restrictive covenants desired by the developer so long
as they do not violate existing ordinances. Restrictive
coverumts sf¡aH be required eontrol!ing building lines,
establishrneHt and maÌHteaaaee of bWfcr strips and wiills,
and restrictioI15 of sirniJar nature.
508.6.4 Review bv Citv Commission. All final plats must be subIIÚtted to the
City Commission for approval No final plat, however, shall be
scheduled for said approval until the plat and all supporting
documentation required under this section have been received by the
staff and reviewed under the authority contained in this Code. The
Community Development Director shall subIIÚt the report to the City
Manager, for transmittal to the City Commission. The City
Commission shall reyre\{ the fiœl plat IlfJplieatiea æ¡ the
recoærneadatiens of staff approve the final Plat. as recommended bv
statE if the plat is found to be in confonnance with these regulations.
and issue a resolution setting forth such aPjJrova! and take one of the
fullov,'Ìng actioI15:
aj !.-pproye the fiœl plat, as recommended by staff; if the plat is-
fulffid to be in conformanee ....itf¡ these r<::glliations, and issue a
resolution settiag forth sucf¡ appro'ñl!;
b)Disappmve the fiœl plat wIleR not fuund to be ia conformance,
setting forth the rea50I15 fur such disapproval
508.7 Endorsement of Final Plat. Upon approval of the final plat by the City
Commission, the final plat shall be endorsed by the City Manager and attested to
by the City Clerk. The Community Development Director shall folWard the
signed original of the final plat to the applicant for County appróvaL
508.7.1 Effect of dedication. A plat containing dedications of any interest in
property, when properly recorded, shall constitute a sufficient,
irrevocable conveyance to vest all legal and equitable interests in the
parcels of land so dedicated, to be held by the City in trust and the
approval of the plat by the City Commission shall have the force and
effect of an acceptance of said legal and equitable interest. However,
nothing herein shall be construed to create any obligation on the part
of the city to perform any act of construction or maintenance within a
dedicated area unless or until that obligation is voluntarily planned,
budgeted and implemented by the City.
508.8 Requirements for Final Citv Signature. Prior to final City signature upon a plat
for recordation, a schematie su!JàPlisÌÐa improyemeats pm ffill5t be IlfJproved by
the City as pi'Ø'ooed fur ia this eode. In addition, the developer shall have
executed approved agreements if required bv the Citv concerning the payment of
the developer's share of required public facilities, impact roes, and any other
Lo.d Developmn.' Regololio.,
City.f Av,.tura, Floddo
Page 5-27
requirements of the final plat approvaL The subdivider sÐall provide proof of
payment to Miami Dade Coooty ÎH an amoillll: aeeessar)' fur the COlli1t'j to
pfOVide two (2) eopies of the recorded plat (iBeillding delivery) to the City upon
Bnal reeofdatiOll. The subdivider shall also provide one or more copies of the
final plat, to the City in a format deemed acceptable by the City Engineer.
508.9
Time Limitations of Final Plat Approval. The burden is on the property owner
to either record the plat within tfiffty--twelve (;;G 12) months of City Commission
approval or request ITom the City Commission, prior to expiration, one (1)
extension of no more than six (6) months. The burden is also on the property
owner to record the plat within the time specified by Miami-Dade County.
Failure to record within the time specified by either the City of Aventura or
Millmi-Dade County shall render the approval of said plat null and void.
508.10
Enforcement Provisions.
508.10.1
508.10.2
508.10.3
508.10.4
Land D.volopm.nt R.golatioD'
City of AvoDtura, Florida
Recording of Plat. No plat shall be recorded in the Public Records of
Miami-Dade County or have any validity whatsoever until it shall
have been approved in a manner prescn'bed herein and the final plat
shall incorporate all changes or modifications required by the City
Commission. In the event any such unapproved subdivision is
recorded it shall be considered invalid and the City may institute
proceedings to have it stricken ITom the Public Records of Miami-
Dade County, Florida at the ~owner's cost.
Permits. The City's Chief Building Official shall not issue any building
permit for any occupiable structure to be constructed within the City
unless and until said official receives a certification ITom the
Community Development Director that the provisions of this section
have been met. Prior to and as a condition of securing said
certification, the petitioner for plat approval, or the successors in
interest, shall file a reproducible mylar of !be duly recorded plat with
the City.
Public lmDrovements. The City hereby detennines it to be public
policy that the City shall .withhold all public improvements and
services of any nature, including the maintenance of streets and the
fi.unishing of sewerage fàcilities and water services ITom all
subdivisions which have not been approved and ITom all areas
dedicated to the public which have not been accepted by the City
Commission in the rruumer prescn'bed by the land dcvclopœeHt
eeàeLDRs.
Revision of Plat after Approval. After approval by the City
Commission but prior to recording any plat in the Public Records of
Miami-Dade County, the petitioner shall provide to the Community
Development Director a copy of the subject plat reflecting all
Pa"e 5-28
corrections and/or modifications which may have been made
subsequent to the plat approval by the City Comnrission.
The Community Development Director shall then review the plat to
detennine if any revisions or modifications have been made that are
contrary to or inconsistent with the approval of the City Commission.
After review, the Community Development Director will provide the
petitioner with a letter which will either authorize recordation of the
revised plat or require. that the revised plat be returned to the City
Comnrission.
508.10.5
Failure to satisfY conditions of approval The fuilure to satisfY
conditions of approval, whether conditions precedent or subsequent
to recordation, shall be reported to the City Manager. If upon written
notice by the City Manager the applicant fuils to correct the fuilures
the City Comnrission shall be notified. The City Comnrission upon
notice to the property owner shall hold a public hearing. If the City
Comnrission finds that the conditions have not been satisfied, the City
Comnrission shall take immediate corrective action to ensure
compliance.
508.11
Modifications to Recorded Plats. The modifications listed in this Section may be
accomplished upon a finding by the Community Development Director that the
regulations of this section have otherwise been met and through the payment of
any fees for the cost of processing. The following types of development shall be
deemed exempt and not subject to the provisions of the mandatory platting
requirements of this code:
508.11.1 The dedication of land or any interest in land to any governmental
agency, entity or political subdivision.
508.11.2 The division of a duplex zoned platted lot to permit individual
ownership in conformance with all applicable wning and Building
Code provisions.
508.11.3
The combination oflots and/or portions oflots in a resideBtial zaRing
àisIfiet to create a common building site provided that the property
owner presents an instrument recordable in the public records of
Miami-Dade County, Florida identifying the boundaries.. of the
building site and the intent to develop and convey as one (I) site or
parcel in perpetuity or so long as the proposed use exists. No
combination shall be approved where approval would allow violation
of any other provision of this Code.
508.11.5 'The COmbiBatioB of I"a££eh and/or I"Ðrtiom of I"a£ceh in a BOB
residential zoning di5tric-t to create a CÐmmÐB. èuiJding site provided
La.d Developme.t Regulatio.,
City .r Avent.ra. Florida
Page 5-29
that too property eviller presents an instrument recordable in too
public records of Miami Dade County, Florida identifying the
bollfldaries of too building site and tile intent to de\<elep and co!p{cy
iJ5 one (I) site or parcel in perpetuity or SÐ long as ilie proposed \!se.
No COmbiBatiøfl shall be approved where approval weald allow
Violatiøfl of aß)' otoor provisiofl of this Code.
508.11.4 The division of a nonresidential zoned platted parcel into not more
than two (2) parcels, when the City determines that a new public
right-of-way or parcel access is not reqtrired. In this instance, the
Community Development Department and Engineering Division may
reqtrire that any or all of the following items be provided and
approved:
a. Current survey
b. Sketch plat
c. Master parking plan
d. Secondary access plan
e. Alley, access, drainage, utility, planting, or other easements
f. Paving and drainage plan
g. Sewer and water plans
508.12 Recorded Plat. No change to a recorded Plat is created or no development is
undertaken except in conformance with the recorded plat or as svecificallv
allowed in this Section.
.
Land D..elopme.' Regulatioo,
CiN of Aveutun.. Flodda
p.,.., < 1
Seetien SO9 Subdivisien lmpreyement Plans
509.1 SchematÏ£ SubdiYÌ5iÐn Improyements Plan.
509.1.1 Filing. ConcillIent with the suàlÐÌS5ÎÐn of a final subdivision plat, the
applicant JmlSt sMbmit a schematic subdivision improvements plan fur
all improyomems necoS5af)' to bring water, sewer, roads and other
required pHbIic improveæeats to the site including aIIpaYÎBg, grading
and stOfiR drainage Jàoilities required by the plat. Schematic
engiBeoring plans shall COnfOffii to the Hnal plat am! the City's
subdivision improvements standards and spociíi£ations. The plan
shall be 24" )( 36" siæ and to a scale not more tlmn I" I 00', except
where a smaller scale is approved by the City Engiooer. The
schematic ooodivisiofl irnpro ,emeats plan shaH include or be
accompanied by the fullowing:
(a) Sketch of e)cisting buildings footprints, atilit)' poles,
ooderground milities and other structuresváthin 100 reet
of the area inclttded ÍB the pFi>posed plat;
(b) Locatio!l aàd width of all œcisting pavemeßts, and type of
pavement;
(c) Locations and widths of proposed street pavemems (v;ith
typical oross sectioas-);
(d) Locations and widths ef all proposed sidewailG, ,"valbvays
and bike paths, if aÐ)' ar-e requiœd (with I)JJicai cross
seetieÐsf,
(e) Lecatio!l and descriptiÐn of proposed stonnwater
Jàcilities; and .
(f) General direction of .!low of storm water along the street
and s'.vales.
(g) Location and description of the ',vater and wastewater
Jàcilities which will serve the site.
(h) Wetland mitigation arŒS.
(i)Identit). alliotsibuildings by address.
(j)Identif¡' all roads by numbers.
(k)LocatioR"iicinit)' map.
Land Development Regulations
City or Aventun, Florida
Page 5-31
,
~
Cl)PIan soo'siHg street light pole IocatioÐS, detail aOO root candlcs.
Cm)Proposed off site improvemelJt3.
Cn)Recordcd aOO proposed easements and rights of 'Nay.
(0 )Pavemeat marking and sigHage plan.
(P)lJ1)' other infurmation deemed IlCc.essary by the City EagiBeer.
509.1.2 Reyiew and i\ÐÐreva! of Seoomatic ImprovcmcBt PIaÐs. The City
EagiBeer sßa!l re"rew the schematic subdivisIDn iæ¡Jfo,..eæents plan
and sba!! appmve or deO)' said pœ.
509.2 Final Subdivision Imvro', ements Plan.
509.2.1 FiIin~, Prier to the issuanee of 8fl engineeriÐg construction permit the
app1ieant IOOSI submit a Jffia! detailed subdivisioa iæIJreveœeBts plan
in confoIHJ1lBce with the Department's plan reyiev. ehecklist whic-h is
on file '""ith the City Engineer. These plans sba!! show all information'
r-equired fÐr schematic improYOmefits plaÐs and all pa';_"1g, gmdiÐg,
stÐrffiwatcr, drainage, water and san.'tar)' sewer iàcilities to be
provided by the app1ieant as part of the de'¡c!opmeBt. A final site plan
shall be approved prior to submittaJ of the Jìœl improvements plar-
The app1ieaÐt sßa!l submit to the City the reqHired nWBber of copies
of the sigHed and sealed fiœl subdiyision improvemeBts plar~
SuIx\i-.Wion improyemcnts plans shall coßÍÒrm to the approved final
plat and Jìœl site plan, ilie Cit)'s SllèàP.Wioe improvement stanclar-ds
and shalllJe 21" ¡( 36" in size, to a scale of net mor{) tbaa 1" 50',
cxœpt where a smaller scale is approved by the City. A copy of the
approyed improvemems plans shall be submitted on computer disk in
DWG rormat. Awmpriate security shall f3e pfBvided for all pub1ie
improycmeBts. Thc eHgineer of record sba!! eerti!)' that the pœ as
SHbmitted are if¡ conffnmaooe '.vith the awreyed site plan. The
improvements plan sba!! ÍH€1ude or be accompanied by the follovyillg:
(A) ^ sealed current sur¡oy aOO legal description showing
n
e)cisting topography and C)åsting impfÐvements. The
survey shall include:
(1) Existing ground ele-.ations OB a grid system
ha'.1ng a grid iaterva! appropriate to the Oyerall
property; oot be less tàan 1" 50';
(2) Existing buildings, utility poles, œàergroæd
utilities and other &.""1l€tures within 100 fuet of
the area included in the proposed plat;
Land Development Regulario..
,"" 'of v
- . 11
., F "
(3) Perimeter spot gmdcs; to include e-Jcis!ing
manholes, catch lJasins with pertainiag iflverts;
( ~) Certifu;afÎeB that 00 dedi£ations or
improvements e¡cis! eJ(£ept as shown.
(B) EngineeriHg pm including, lJl!t oot limited to:
(I) Loeation, ',fflth, and proBle elevations of all
existing pavements, and type of ptlYement,
construction, SooR as rock base eolll"'"c,
subgrade, etc.;
(2) Plan view and cross sectiofl of proposed street
pavemeats, and their proposed eeaterline
grades, and c!riyov,'ilj' locations;
(3) Plan 'lie,>,>, and cross seetioa of proposed
side'.valllS, vrallev,'ays and lJike patbs, if any are
~
(1) Loeatioa aad details of proposed dmffinEe
st.-uerures, ifld1idiÐ.g size, type and leagth of
stonnsewer pipe and exfiltratioB trell£hes,
proposed fuñshed Íloor ele',miens of lJuilding
sites, gilltefS and inlets;
(5) Direetiea of flow wit.'Ha gutters, ditches and
S'lvWes and fiÐal dispositiea of stOffilwater and
outfullloeo.tion;
"
(6) Water distriblitioa system, sewage eolleetioa
system, lift statioflS, mains and the like;
(7) Data oa size and e!Jaracter of draina¡:;e ¡¡rea
!rÏbllimy to each inlet; latitude and Joagjtude of
all ollifàlls and culverts; eJòsting eoaditions soil
survey, dminage ealclilatiorn and pipe sizing
ealcuJatieflS;
(8) Typieal seetieflS of all proposed street
po.yements wàieh :IDalI include the foRowing:
(a) \\rtèth of pavemeat and ereWB slopes;
(b) Width and grade of glitters;
Land Dov,lopment Regulatiou,
City or Aven"", Florida
Page 5-33
(c) Width and slope of shoulders;
(d) Width and slope of sidewalks;
(e) Side slopes to natuFal ground, iBeluding
side ditches of canals, if <my;
(f) Positrons of right of way lines
indicating existing and proposed
dedication;
(g) Materials of road COBStruetIDH and
other dimeI15Ïens, such as tàiekness of
base and surlàee course, wflieh sball
COMma to City specificatiens.
(C) Profile sheets showing proposed grades fur street and
storm water drainage COnst.-uctIDH and water and sewer
mail15 shall be furnished if requested by the City.
(D) l\n estimate of the cost of construetiea of all
improvemeats shown on the improvements plan, sealed by
a professiona! engineer registeæd in Florida.
(E) Final legal documentation acceptable to the Cit)'s attorney
ensuring pefj'Jetuai æaintenanee of private roads, parking
areas, dr"innee systems, eOHJffiÐn areas and landscaping
within the adjaeeat publie right of way.
(F) Wetland mitigatIDa areas iBeluding grades.
"
(0) A plaR which shows the rdationsbip of utilities to
..
landscaping.
(H) .\nj' 0 thef' infonnatIDn deemed aeeessary by the Cit).
Eagineer or Fire Chief
509.2.2 R1:Jview and /.ÐÐrOyal afFinal Imorovement Plans. The Cit), Engineer
shall re\w'?" the final subdi,..isioa improvements plan and cost estimate
and shall approve or den)' said plans and east e5limates.
509.2.3 ModifieatIDn of DcsilΠof Imerovemeflls. If at any time before or
dllFÎÐg the COootructIDH of the required impro iemeHts it is
demell5!ratcd to the satisffietiOEI oftfle City EagiBeer thet ooforeseen
conditieB5 make it IlCcessary or preferable to modifY the locatien or
desiga of such required improvemeHts, the City Engineer may
Land Develop",en' Regulannns
r' ,or Av, .. F .'
p.
approve modifications to the imprevements plan. 'These
modiiications sBall be wit.1in the spirit and ifltent of the City
Commissiea's approval and shall not eJ<tead to the wai'lar or
substantial alteffitÎtJa ef the fimctÎtJa ef any improvements required by
the City. ModÍÍÌ€atioBS sBall substantially cemply with aH approved
final site plan or final plat. 'The City sBall issue any aHthomation
Hader tàis subsection ifl writing. The process fur modiÐeatÎtJa ef
approved plans 5BaII be ifl the same æaBRer as required BY this
Section fur approval ef plafl5.
509.3 PestÍn£ ofSec1i£Ïty.
509.3.1 Sec1i£Ïty Reqœred. The applicant 5BaII post a pa)meat and
pefÍÒffiJaH€e bond or other security \\ith the City in a fuffil aeceptable
to the City MflR"ECf ifl the am£) unt ef eRe iRm£Ired and Bftcen
(l15~<') percent 0 f the final estimated cost ef coAstru£tÍÐa' of all
reqHired publie improvements as appreved by the City Engineer.
Improyements 5BaII iaeluàe But BOt limited to roads, draioage,
iITigation, cmB and gutter, sidewalks, and water and sewer utilities.
This security shall Be pested prior te the i5suaooe ef aH engineering
conslroction permit. 'The security 5BaII be a surety Bend, letter of
credit, or other aeeeptable secmity to gæraat:ee that the
Ïffiprovements shall Be made ifl aecordance ',vith approyed pJans and
specÍÍÌ€atioBS.
509.3.2 Return ofFUBds. 'The erigi"1a! seclHÌt)' may Be reàueed te twenty five
(25%) percent of the erigi"1a! aHlÐlffit, pfÐyided that; the plat has Been
recorded, the reqilired impre cements. are completed and ready for
acceptance by the City, a final ',Iaik threugh WiIS held, certÍÍÌ€ation
:!£em all applicaBle coBSHItams, release of IieBs and all' reqHired
easemems àave been dedieated. The reduced security sBall be
contiflood fur a period of eRe year ifom the "date of aeceptaaee of the
ÎmfJrovaments by the City Commission te co\'6r latent derecls,
maintenance aHd repairs.
509.4 Cei15tru€tiea af IrneroYeffients.
509.4.1 Inspection of Irnerevemeats. .'.t least ORe (1) day prior to
commeaciBg ceÐSt.-uction of reqœred improvements, a pre
coAstruetion coaíèrenee 5BaII be scheduled and the aPfJlieant sBaII
BOlit), the City Engineer ifl writiBg of the time ",men he prÐpeses to
commenco coAstruction of sueR improvements. No const.-uction
permit shall be issued Hatil appropriate security has Been posted and
all other necessary permits 00','6 beeR issued. The devcwper shall, at
his CJE 3ense, and' at BO risk or e1E 3eB5€ ta the City, retaia the serviees
of a registered profèssioaal eagineer fer the PW"fJoses af providing
necessary oBservation, àirectly or thre ugH aH autfloœed
represematiye, and certifieation of the COÐstruetiofl of puBlic
Land Development Regulations
City of Aventura, Florida
Page 5-35
improvements to insure that coi15l-uction is ~ aJ! time~ ÌR co~lianee
with accepted colJ5truction pFa£tices and n:. eoHljJHance ','¡¡th ~
approved plans and speeificatioBS. The engmeer of record or Ius
representative sÐaH keep accurate reeords of aJ! reqœred tests and
in5pectien of ¡mblic iæ]3royemems. "," copy ~f each Held report sball
be SHbmitted to the City. !\s billlds of HDpro\'ement~ IÐHm be
submitted and approved by both the eoBSultant and the CIty poor to
acceptance by the City.
509.4.2 PrOBer lnstaflation of Imero'¡cmcnts. If the City finds ~on
ins¡Jeetien of tlie improvements tÐat any of the reqwred
impnJ'. ements haye BOt been colJ5tructed in accordance. With ]3œ
approved by the City Engineer, the City may ~e aetJØn to, sto]3
colJ5truetion or issuing further development pemnts. The C~ sball
netif)' the a]3plicant, and if necessary, the ageney sec1IDRg the
applicant's performance, and ~ Eake all necessary steps to preserve
the City's rights tmder the secunty.
5HH,3 CoH!ßletion of Imvrevemcals. The poolic ÌH1]3fÐVemeals oliewn on
the El]3]3royed Bnal sllbdiyisien impfÐ\ements ]3Jans for that pareel or
phase of coi15l-uctien, '.vith tlie exception o~ the tinalli:!t of as¡¡flalt
pavement and the peffABRent pavement markmgs, sball be coffi 'lleted
and ready fur acceptance by the ap Jropnate governmental ageooJCs
prier to the first certificate of OCCH]3aney being issued for tlie parcel or
phase of eoi15l"H€tion.
"
Land Dcyolopmcnt Rcgolaôon,
(" 'oCAy
p.
. ,.
Section 509: Administrative Site Plan Review
509.1
509.2
509.3
509.4
Required. Except as provided in Section 510.3 below, application for site plan
approval for all developments iflciHding permitted 1:J5eS aad coEKlitioÐai 1:J5eS shall
be submitted to the Co=unity Development Department for review and
approval prior to the issuance of building permits. The Co=unity Development
Department shall evaluate the site plan as it relates to confonnance to the LDR
and Comprehensive Plan, and shall consider internal site vehicular circulation,
ingress and egress, confonnance with the character of the surrounding area,
general layout of the site, architectural design of the structures, and whether the
development as presented will enhance the quality of life in the City of Aventura
and promote the health, safety and welfure of its citizens.
Application Required. Application for Administrative Site Plan Review and
Approval shall be submitted to the City in writing by the property owner or
authorized representative on fOnTIS provided by the Co=unity Development
Department. A fee as established by the City Commission shall be paid by the
applicant. The COH1IÐlillÎty Develo 3rnent Depar.meat shall estaèli5h the
infunmtioa aeeessary to proeess the applieation..
Exempt Development. The following activities shall not require submission of a
site plan pursuant to this section.
(a)
(b)
(c)
(d)
(f)
(g)
The deposit and contouring of fill on land.
Construction ofa single-family home on an existing single-fàrnily lot.
Construction of a single residential duplex on an existing residential
duplex lot.
Accessory uses which would not lllcrease plot coverage of the
principal structure.
Land clearing activity done in compliance with a valid land clearing
permit issued pursuant to the LDR and a City engineering permit.
Demolition
General Site Plan Application Requirements. All site plans must be prepared,
signed and sealed by one or more of the following professionals.
(a)
(b)
(c)
A landscape architect registered by the State of Florida.
An architect registered by the State of Florida.
A civil engineer registered by the State of Florida.
Land Dovdopment Regnlarions
City of Av,otnn, Florida
Page 5-37
(d)
A land surveyor registered by the State ofFlorida.
Prelirninarv Site Plan Submission Requirements. An application for preliminary
site plan review shall include twelve sets of folded and collated plans containing
the folloWÚ1g:
509.5
509.5.\
509.5.2
509.5.3
On-site sealed CUITent (within 30 days) survey prepared by a Florida
registered land surveyor, certified as to meeting the requirements of
Chapter 2IHH-6, Florida Administrative Code. At a minimum the
survey shall show the property's topography, water bodies,
easements, rights-of-way, existing structures and paved areas. This
survey shall be based upon ownership and encumbrance report and
shall so be stated on the survey itself.
A tree survey is required if there are indications of existing native tree
species on the site when development is Drowsed within Citv areas of
particular concern as identified in the Citv's Comprehensive PIarl-,
The tree survey shall comply with the following minimum standards:
(a)
Tree surveys shall be prepared by and bear the seal of a
registered land surveyor licensed to practice in the State of
Florida. Tree species shall be identified by a registered.
landscape architect licensed to practice in the State of
Florida. 1'hi5 provisioa sball apply V,'flea development is
proposed within City areas of partie. eoaeem as
identified ia the City's Compreœasi,.e Plan.
(b)
Surveys shall delineate' property boundaries, easements,
rights-of-way, bodies of surfuce water, and protected trees
or groupings of trees. The species of trees to be removed
or relocated shall be identified. In the case of a groupings
of trees, the predominant spécies mix and estimated
number shall be identified. Trees or areas of vegetation
which are required to be preserved shalI be delineated.
Areas infested with prom'bited or controlled plant species
shalI aJso be delineated and identified. Surveys shall aJso
indicate such other information as may be required by the
Community Development Department that is reasonable
and necessary for the adequate administration of this
Section.
Site development plans (Scale to be 1"=20' unless prior approval is
received otherwise) shall include in proper fonn, detail, dimension
and scale, the folloWÚ1g:
(a)
The location, size, and height of all buildings, walls,
fences, walkways, driveways, parking areas and loading
Land Dovolopment Rognl.tinns
C' "Av ., F ."
1>
. ,.
(b)
(c)
(d)
(e)
(t)
ê
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(g)
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(h)
(i)
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(k)
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areas.
The building and floor plan, including roof plan.
Location, character and enclosure of all outside facilities
for waste storage and disposaL
Exterior elevations with material and.color designation.
Prelirniruuy landscaping plan (Signed and sealed by a
Florida Registered Landscape Arcllltect).
Location, size, character, height and orientation of all
signs.
Placement, height, and fixture design of all exterior
lighting fixtures and certification by a registered
professional engineer or registered arcilltect that exterior
lighting, as designed will not exceed the footcandle levels
at the adjacent private ~lines .
Off-site sketch including, but not limited to, locations of
structures, utilities, rights-of-way and curb cuts within
300' of the subject property.
Information as to all perimeter buffer requirements for
adjacent properties.
A master site plan is required for all phased development.
Site data information including but not limited to zoning
districts, required and proposed FAR, lot coverage, open
space, parking, building height, density, setbacks and lot
size information.
Final Site Plan Filing. A final site plan shall only be filed following a
determination by the Director of Community Development that the prelirniruuy
site plan is in substantial conformance with the Laad DevelepœeHt
ReglliatÎonsLDRs. A final site plan shall be approved prior to issuance of any
building permit. Final site plan review shall include twelve sets of revised plans
folded and collated containing the same items as required for Prelirniruuy Site
Plan review plus the following:
509.6
(a)
(b)
Details of all types of parking spaces provided.
All signage locations, types and details.
Land Develnpment Regularion,
C;ty or Avento", Flnrida
Page 5-39
509.7
509.8
509.9
509.10
(c)
Complete Landscape Plan (Signed and sealed by a Florida
Registered Landscape Architect). Plans shall include
required and provided quantities of plant materials,
(d)
Engineering Plans (Scale to be 1"=20' unless prior
approval is received otherwise) including water, sewer,
paving and drainage and utility locations.
(e)
Locations and details of all entry features (if applicable).
Review. In reviewing plans, City staff shall require that the development satisfies
the following criteria and submit a report to the City Manager:
(a)
All applicable codes of the City. The goals, objectives,
policies and other applicable requirements of the City's
Comprehensive Plan.
(b)
Approved and accepted architectural and engineering
design concepts.
(c)
Consistencv with +he-the aesthetic character of the City.
(d)
Dedication or conveyance of property for public rights - of
- way as necessary to comply with the Trafficways Plan
and other applicable City plans.
ApprovaL The City Manager or his designee shall approve or disapprove of
administrative site plan applications within sixty (60) days after staffreview.
Approved Plans. An approved site plan shall remain valid for a period of twelve
months 1Ì"om the date of approval. If no building permit is issued within the
twelve month time period, the site plan shall be considered null and void.
Additionally, if at anytime building permits lapse the site plan shall be considered
null and void. A six month extension may be granted by the City Manager or his
designee if the applicant shows good caUSè in that the deja)' in obtaining building
permits was not caused by the applicant.
Site Plan Revisions. Where a proposed revision of an approved site plan affects
the overall design and layout Qf where the proposal will require review under this
sectio!], the fee for processing the revision shall be the same as the initial
submittal All other revisions shall require a minor modification processing fee as
established by the City Commission. The City Manager shall have the discretion
based on the above guidelines to determine whether a proposed revision is major
or minor. A major site plan revision requires complete final site plan review and
approvaL
Land Development Regal.lions
r." "v., F .'
p-- < ,~
509.11
509.12
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509.13
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Engineering Plans, No building permit shall be issued for any approved site plan
unless and until all final engineering plans. for water, sewer, roadway and
drainage systems are approved by the City's engineer and a permit for same has
been issued. Prior to the issuance of a Building Permit the Applicant shall
provide a copy of the approved Site Plan, on disc, in a fonnat compatible with
the City's engineering applications.
Mvlar CoÇJY of Approved Site Plans Required. FollowìngCity sign off; but prior
to the issuance of a building permit, a Mylar copy of the approved site plan shall
be submitted to the Community Development Department. The Mylar shall be in
the same scale and identical to the approved site plan.
Conformance with Approved Site Plans. Prior to the issuance of a Certificate of
Occupancy, two as-built surveys shall be submitted to the Community
Development Department. The as-built surveys shall be in the same scale as the
approved site plan Mylar. In case of any conflicts the approved site plan shall
prevail.
Laod Development Regolatioos
CHy of Av,otura, Florida
Page 5-41
Section 510: Engineering Permits
510.1
510.2
510.3
510.4
510.5
510.6
~. The review of engineering plans and subdivision plans by the City's
Community Services Department and the issuance of the appropriate pennits is
required to ensure that all work is performed in conformance with accepted
engineering standards and practices, and City specifications; and that all work is
completed in a timely manner.
Engineering Construction Pennit. No land development activity including:
clearing and grubbing: filling or excavation work: road construction;
underground utilitv installation and/or rehabilitation; and/or other activity shall
commence without first obtaining engineering plan approval, an engineering
construction pennit, and paying the appropriate fee and bond as required.
Engineering Excavation Permit. No excavation shall commence without first
obtaining Engineering plan approval of the excavation activity, an Engineering
excavation permit, and paying the appropriate fee and bond as required.
Annual Pennit for Mining, OuaITVÌng or Excavation witH Blasting. An
annually renewable Engineering Permit issued in accordance with the regulations-
of this Code shall not be transferable and shall be obtained prior to commencing
any resource extraction activity pursuant to this code. Said pennit shall be
renewed on the first day of each calendar year, subject to compliance with all
City requirements and regulations and the payment of any required fees and bond
as required.
EngineerÎn!! Ricl1t-of- Wav CrossÎn,g Pennits. No right-of-way crossings that
involve the cutting or removal of pavements shall commence without first
obtaining plan approval, an Engineering right-of-way crossing pennit, and paying
the appropriate fee and bond as required.
Revocation of EngineerÎn!! Pennits. The City shall "revoke an engineering
permit pursuant to any of the following situations:
(a)
City final plat approval has expired.
(b)
The security posted with the City to guarantee the construction
of the subdivision improvements is in defàuh or has expired.
(c)
Failure to commence engineering construction withÍn one (1) -year of
the date of the Engineering pennit issuance and/or lapse of the
engineering work on the site for a period of greater than three (3)
consecutive months when there is no active City building
construction pennit in effect on the site.
(d)
The absence of a designated Developer's Engineer of Record for a
period of seven (7) consecutive calendar days. Said Engineer shall be
Land Developmnnl Regnlalions
(- "" F' .
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Purpose and Applicability. The building or site improyement permit and
certificate of occupancy represent the last point in the development review
process. All other approvals, permits and certificates required by the LDR must
be applied for and obtained before an application for a building pernrit may be
considered for approval by the City. The South Florida Building Code as
amended, is hereby adopted as the regulation governing the construction of
buildings and structures in the City. Any qualified applicant desiring a pennit to
be issued by the Building Official as required, shall file an application in writing
on a form provided by the Community Development Department for that
pllIpOse. No development shall occur until and unless the Building Division has
issued a building or site improyernent pennit.
Section 511: Review of Building Pennits
511.1
511.2
511.3
511A
Application requirements. Each application shall descn'be the land on which the
proposed work is to be done, by legal description and address; shall show the
use or occupancy ofthe building or structure; shall be accompanied by plans and
specifications as required; shall state the value of the proposed work; shall give
such other infonnation as reasonably may be required by the Building Official
and the South Florida Building Code to descn'be the proposed work; and shall be-
attested by the qualified applicant and property owner-
Action by Community Development Department. The Building Official shall
review all applications for building permits or certificates of occupancy for
compliance with the provisions of the LDR, the City Code and the South Florida
Building Code, as amended. The Building Division shall issue a building er--9te
impmvemeBt permit if the applicant demonstrates that the proposed
development is in compliance with all applicable codes.
Permit Card. Upon approval of plans, specifications and application for permit
and the payment of the required fee, the Building Official shall issue a permit-
With each permit, the Building Official shall issue a ¡irmit card which shall bear
the description of the property, the nature of the work being done, the name of
the owner and contractor and other pertinent infonnation; and such card shall be
mailltained in a conspicuous place on the trout of the premises affected thereby
during the hours of work in progress and available on demand for examination
by the Building Official
Land D,..lopm'nt R<gnlatinn,
as defined in Chapter 471, Florida Statutes, representing the
Developer, in res¡xmsible charge of the pennitted engineering work
at all times. (Any successive Developer/Builder's Engineer for the
job shall be able to document and produce, upon request, evidence
that he or she has, in fuct, repeated all the work done by the original
engineer, per the reqillrements of Chapter 61 GIS - 27.001 of the
Florida Administrative Code.)
(e)
Failure to maintain a safe building site as determined by the Clúef
Building Official in accordance with City Code.
The Community Services Director or his designee shall noti1)r the developer in
writing that it intends to revoke an engineering pennit. The developer may appeal
the decision to the City Manager.
Land nevelopm..t Regulation,
C"" or Aven.."a. Flo,idu
1'.00 ,-d~
Section 512: Certificates of Occupancy
512.1
512.2
512.3
512.4
512.5
Puroose and Effect. No new building or structure shall be used or occupied
unless and lIDtil a certificate of occupancy or completion has been issued by the
Building Division. No addition or structural alteration to any existing building or
structure, other than a single-fumily detached dwelling, shall be used or occupied
lIDtil and unless a certificate of occupancy or certificate of completion has been
issued by the Building Division. No new non-residential use, and no change in
the occupancy of an existing non-residential use, shall be established lIDtil and
unless a certificate of occupancy or completion has been issued by the Building
Division.
Standards and Review. A certificate of occupancy shall be issued only after the
premises have been inspected and found to comply with all applicable standards
and requirements for the zoning district in which tfley-are it is located, and that
the use or structure conforms to the plans and specifications for which the
building permit was issued.
Action bv Building Division. The certificate of occupancy or completion sha11 be
issued, or notice shall be given to the applicant specifYing the reasons a-
certificate of occupancy or completion cannot be issued, no later than 14 days
from the date the application is made by the qualified permit holder requesting
issuance of Certificate of Occupancy or completion. No Certificate of
Occupancy or completion shall be issued lIDtil all inspections have been approved
by all required City and County Departments. The certificate of occupancy QI
comoletion may be issued in the following forms:
(a)
Partial Certificate of Occupancv. A certificate of occupancy for less
than the entire buill-out space in any given project may be issued,
provided that basic life safety concerns have been provided for.
(b)
Conditional rremoorarv Certificate of Cl'ccupancv. In situations
where life-safety concerns have been provided for, a certificate of
occupancy conditioned upon the completion of specific enumerated
items mav be issued.
Contents of Certificate. Every certificate of occupancy or comoletion shall be
dated, shall state the use or occupancy of the land or structure involved, shall
state that the use or occupancy complies with the tenDS of this Code, shall state
any conditions that may be applicable and shall be approved by and signed by the
Building Official
Posted Notice ofIssuance. Every certificate of occupancy required by virtue of a
change in use or occupancy in a non-residential zoning district shall be
permanently posted in a prominent place on the premises at all times.
La.d D<voIopmeot Regolatioo,
Gty of Ave.lun, Florida
Page 5-45
Section 513: Appeals
513.1
513.2
513.3
513.4
Purpose and Aoolicability. TIlls section is intended to provide for appeaJs fi:om
the decisions of decision-making and administrative bodies having development
approval authority under the LDR or fi:om any written order, requirement,
decision, determination, or interpretation made by an administrative official in the
enforcement of these regulations. The right to appeal pursuant to this Section is
limited to the applicant for a development permit who believes he has been
aggrieved by a decisioIL The authority to decide appeaJs shall be as specified
herein.-
Filing of ADolication and Notice of Appeal. An application and notice of appeal
authorized under the provisions of this Section shall be filed with the City
Manager. Applications shall be filed within 15 days of the sig¡¡j¡¡g of the written
order, reqllirement, decision, determination, or interpretation of the LD~. If an
application is filed, the City Manager shall then make a determination of
completeness.
Review. Upon receipt of a complete application the City Manager shall review
the application and schedule a public hearing to be conducted by the City
CommissioIL The City Manager shall forward a copy of the application to the
City Commission together with a report and recommendation summarizing the
facts of the case, any relevant documents and any comments received on the
applicatioIL
Action by the City Commission. A public hearing shall be held by the City
Commission to consider the applicatioIL The applicant shall be advised in writing
of the hearing date and time. The City Commission shall review the application,
the report and recommendation of the Administration and consider the evidence
and testimony provided at the hearing. After the public hearing is held, the City
Commission shall issue a written decision and order granting the relief sought in
the application, with or.without conditions, or denying ihe appeal
Load Develapmea' Regalotioa,
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1
Chapter 6: ARCHAEOLOGICAL AND HISTORICAL LANDMARKS
Section 601: Purpose
In the event archaeological resources are found in the City of Aventura this subsection is
established to preserve and protect through the identification, evaluation, and public
awareness of said resources.
Section 602: Standards for Designation of Archaeological and Historical Landmarks
Properties may be designated as Archaeological Sites only if they have significance in the
archaeological heritage of the area, state, or Dation; and meet one or more of the following
criteria:
(a)
(b)
(c)
(d)
(e)
(f)
Are associated in a significant way with the life of a person important
in the past; or .,
Are the site of a lùstoric event with significant effect upon the
community, city, state, or nation; or
ExemplifY the lùstorical, cultural, political, economic, or socia! trends
ofthe community; or
Have yielded, or may---I3e are likely to yield, information important in
prelùstory or lùstory; or
Contains any subsurfuce remams or lùstorical or archaeological
importance or any unusua! ground formations or archaeological
significance; or
Is designated in the Aventura Comprehen'Sive PIan and/or Florida
Master Site File.
Section 603: Procedures for Designation
Properties which meet the criteria set forth in Section 602 above may be designated as
Archaeological or Historical Sites in accordance with the following procedures.
603.1
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i
i
603.2
Proposals. Proposals for designation maybe made by the owner, City
Commission or the City Manager and shall include but not be limited
to the legal description of the site, photographs of the site, a
statement of significance and other information supporting the
proposal.
Designation Report. For every proposed Archaeological Site, the
City Manager or his designee shall prepare a Designation Report
Laod D,vclopm,.t R'qulatioos
City or M,.tuno. Florida
Page ()..!
603.3
603.4
Section 604: Effect of Designation
containing the following infonnation:
(a)
Statement of Significance. A statement outlining the
significance of the proposed Archaeological Site, the
criteria upon which the designation is based and a physical
description of the property.
(b)
Boundaries. A map or maps indicating proposed
boundaries. Archaeological Site Boundaries shall generally
conform to natural physiographic features which were the
focal points for prehistoric and historic activities or may be
drawn along property lines, streets, or geographic features
to fàcilitate efficient management.
(c)
RecornmendatiolL The Designation Report shall also
contain ~. recornmendai@n on whether the City
Commission should designate the property as an
Archaeological Site.
Consideration bv Citv CommissiolL The City Commission shall
conduct a public hearing to determine whether the proposed
Archaeological Site meets the criteria outlined herein for the purpose
of considering all proposed designations and shall approve, approve
with conditions, amend or deny the proposed designatiolL
Appeals. Appeals ITom decisions of the City Commission may be
made to the courts as provided by the Florida Rules of Appellate
Procedure. The decision of the City Commission shall be final and
remain in effect during the entire appeal process, unless stayed by a
court of competent jurisdictiolL
Upon designation, no new construction or ground disturbing activity shall be permitted
within the designated Archaeological Site without the issuance of a Development Approval
by the City CommissiolL No permits shall be issued by the City for any work until such
approval is granted.
Section 605: Procedures for Obtaining Development Approval
605.1
605.2
Preapplication Conference. Before submitting an application for a
Development Approval, an applicant is encouraged to confer with the
city to obtain infonnation and guidance.
Application for Development Approval. The applicant shall submit to
the City an application together with supporting exhibits and other
Land O,vclopm,n' R'qnlaûon,
r", V' .
p. . c ,
605.3
605.4
material as required by the City.
Decision of the City Commission. The decision of the City
Commission shall be based upon the Guidelines, as well as the general
purpose and intent of this subsection and any specmc design
guidelines officially adopted for the particular Archaeological Site.
Expiration of Development Approval. Any Development Approval
issued pursuant to the provisions of this section shall expire twelve
(12) months fi'om the date of is"illlllce, unless the authorized work is
commenced within this time period. Any work that ceases for a
continuous period of three (3) months shall cause the expiration of
the development approvaL
Section 606: Guidelines for Issuing Development Approval
No Development Approval shall be issued by the City Commission for new construction,
excavation, tree removal, or any ground disturbing activity unless there is substantial
competent evidence that the work will not aher the character and integrity of the
Archaeological Site. Where it is determined that the character and integrity of the
Archaeological Site will be altered, the City Commission may grant the Development
Approval if the Applicant can show that a denial of the Development Approval will result in
an Illll'easonable economic hardship. The City Commission, in granting a Development
Approval, may require one or more ofthe following:
(i)
Scientific excavation and evaluation of the site at the
Applicant's expense by an archaeologist approved by the
City Commission.
(u")
An archaeological survey at the Applicant's expense
conducted by an archaeologjst approved by the City
Commission containing an assessment of the significance
of the Archaeological Site and an analysis of the impact of
the proposed activity on the Archaeological Site.
(iii)
Mitigation, including protection or preservation of all or
part ofthe Archaeological Site for green space.
Section 607: Administration, Enforcement, Violations, and Penalties
ì
607.1
Enforcement. The Community Development Department shall assist
the City by making necessary inspections in connection with the
enforcement of this subsection. The Department shall be responsible
for promptly stopping any work attempted to be done without or
contrary to any Development Approval required Under this
subsection; and shall further be responsible for ensuring that any work
Land Oevelnpm<nt Requlation,
City nr Aventun. Florida
Page 6-3
not in accordance with a Development Approval is voluntarily
coITected to comply with said Development Approval
607.2
Violation and Penahies. Any person who carries out or causes to be
carried out any work in violation of this subsection shall be required
to restore the Site either to its appearance prior to the violation or in
accordance with a Development Approval by the City.
607.3
Conflicts. Where there are conflicts between the requirements of this
subsection and other provisions of this Code or oth<;r Codes covering
the same subject, the most restrictive requirements shall apply.
Laad D<vclopm..' R'qulatioO,
p,
Chapter7: USE REGULATIONS
Section 701. Zoning Districts.
701.1 ~. In order to effectively protect and promote the general welfare and to
accomplish the purposes of the City's Comprehensive Plan, Land Use Elemeat,
aBd Uræa Desiga Element the City is divided into districts of such number,
shape and area, and of such connnon unity of purpose, adaptability and use that
are deemed most suitable for the health. safety and welfure of the community. se
as to provide for the !Jest general cPIie HSe and promote improved wholesome,
~!iglitly, haImeaieHS and ecooomic results in civic service, aetp.oities and
opeætioBS; aHd there are hereby imposed HjJOB the land and st.-uerures located
and HSeS to be conducted v.oithÎn sueh districts, such further regulations as are
aeecssary or 8f! JfÐpriate to limit the loeatiofl, HSe aBd oecHf3aHcy of buildings,
st.êlctures aBd land to be \l5ed for eommeree, industry, residential, eoEBHllfBÍty or
otlier pUIposes. Reíèmnees to the LaBd Use Plan and Land Use Plan Map sAail
refur to those portions of the City of j\venrum's adopted CompreheBSp.<e Plan as
may !Je amended.
701.2 Division of City into districts. For the purpose of regulating the use of land,-
water, and-building, and heigflt, bulkfo!1!]., population density, the intensity of use
and provision of open space, the City of Aventura is hereby divided into the
foUowing districts:
Conservation District (CNS)
Residential Districts (R)
Single Family
Residential (RSI)
Residential (RS2)
Medium Density "
Residential (RMF3)
Medium High Density
Residential (RMF4)
Business Districts (B)
Neighborhood Business (BI)
Connnunity Business_(B2)
Heavy Business (B3)
Office Park (OP)
Medical Office (MO)
Town Center District (Te)
Town Center (TCl)
Industrial District (M)
Light Industrial (Ml)
!
Land D..nlopmenl Regulation>
City of ,".nlnIa, Flo,¡d.
Page 7-1
Community Facilities District (CF)
Recreation/Open Space District (ROS)
Utilities District (U)
The Zoning districts contained herein generally correspond by name and purpose
to the categories of the City of Aventura's adopted Land Use Plan, however,
some districts may be applied to more than one future Land Use Map category.
701.3 Water Area. The water surfuce and Jand under the water surfuce of all canals,
intracoastal watelWays, lakes and other water areas in the City not otherwise
zoned is hereby placed in the CNS zoning district. same zeHÌag àÏSÉrÍ€t as ilie
most rcstrieteà land uoo wbi£h it almte as sheWB OB the zoHÌag EI38fJ. When the
zoning districte she?ffl, OB the zoning map are difièr-eHt OR owosite sides of the
water ar~a, theR the kiB.d of zoning district on eooh side shall exteAd to the ceRter
!iRe or ¡njdpoiat of the water area.
701.4 Districting Of Vacated Wavs. Where a street or alley shown on the zoning'
district map is hereafter officially vacated by re - platting or otherwise, the land
formerly in such street or alley right - of -way shall be included within the zoning
district of adjoining property on either side of said vacated street or alley. In the
event such street or alley was a district boundary between two (2) or more
different zoning districts, the new district boundary shall be the fonner center line
of the vacated street or alley.
701.5 Boundaries of Districts. Unless otherwise shown, the zoning district boundaries
are street center lines, alley center lines or subdividillg or boundary lines of
recorded plats or the exteDSioDS thereof
701.6 ZonÎn1! for Annexed Areas. 1\11 areas hereafter armex~à ÍÐ.to the City shall be
desigaateà the City's zoning district(s) wbieh most closely r-esembles the more
restrictive of the land deeignatÍeR of the eflèctiye laFJè. uoo pJaa. er ilie zoHÌag
district pre,.~etlS¡y applicable fer the æme¡¡ed ar-ea ooder the ret¡llirements of the
previous jurisdietioa, providiHg said zaRing district is eonsistcRt ?ffih the
effcctYIe land tI5e plar~ The City Commission at the time of annexation shall
assign the zoning district applicable to the annexed area consistent with the
requirements of this Code.
701.7 Designation of ZonÎn1! Districts on ZonÎn1! MaP. No later than sÏxty (60) days
after the adoption of the Land Development Regu1atioDS, the City Manager shall
present for City Commission adoption a new Official Zoning Map~ that iaelHdes
the feJlowmg:
(a).^Jl pre'.1otlSly zeood areas efthe City shall be assigRed a zoning
di.striet '.ymch most cloeely resemeles the new zoning
cJæ;silieatioro iBcluded iB Section 701.2.
L&nd Devnlopment Regulation.
c; " . " .. F'..
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(b) ;\reas that CaIJRÐt be assig¡¡ed a zolling district HlOst clesely
resemeling the !JeW zoIIÏBg elassilicatiooo iÐ.cluded ÍH gectioa
701.2., sBa!l be deemed as ooa eoafermiEg aRd shall be treated as
SBeb,
Land De"lopmen' Regulation.
City of A.enOun, Florid.
Page 7-3
Section 702. Conservation Zoning District
702.1
~. The Conservation (CNS) District is intended to provide for only those
uses compatible with the continuing conservation of the natural resources
located within the district. This zoning district sflaIl-m1!Y...be applied to all land
designated on the City's Future Land Use Map as water or parks and recreation.
I
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702.1.1
Uses Pemritted. No building or structure, or part thereof; within the
district shall be erected, altered or used, or land used in whole or part
for other than one or more of the following speciiic uses:
(a) Passive Outdoor recreational uses such as wildlife sanctuaries
and feeding stations, nature centers and trails, outdoor research
stations and walkways.
(b) Fishing, boating and camping fàcilities.
(c) Structures used for flood control, drainage and water storage.
(d) Wetlands.
(e) Uses which do not impair the natural environment or disturb the
natural ecosystem of the area and which are not in conflict with
applicable water management and wildlife protection policies of
local, state and federal agencies.
(f) Waterways.
Land D..,lopmeol Regulalio",
Section 703 Residential Zoning Districts
703.1
703.2
Residential Districts. These residential districts are intended to provide for
residential development in confonnance with the parcel's Future IaBè--Land tI5e
Use f!!ær-Map designation. A residential parcel's zoning designation sball be
eqwvalent to the designation of the Future Land Use FJaeM;m. The number of
dwelling units pennitted per gross acre of a zoning parceL as defined in the
LDR¡, sball not exceed the total number of dwelling units pennitted by the City's
baad-YseComprehensive Plan designation for the zoning parcel. The uses within
this district sball be consistent with, but may be more restrictive than, the
corresponding Residential Land Use Plan category or Town Center Land Use
Plan category permitted uses. These zoning districts sball be applied to land
designated Residential on the City's Future Land Use PJoo-Map. A development
parcel may have a maximum number of dwelling units based on !!!Ladopted
development orders or resolution.
Residential Sim!le-Familv Districts IRS 1). The following regulations sball apply
to the-all RS 1 district§:
703.2.1
703.2.2
703.2.3
Purpose of District. The RS 1 zoning district is established for one -
fàmily detached dwellings appropriate to the needs offamilies on lots
of moderate size in areas consistent with the city's Comprehensive
Plan Land Use Element. Densities shall not exceed eigfŒ-thirteen
(&11) units per net acre.
Uses Permitted. No building or structure, or part thereot; sball be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a) One fàmily detached dwelling.
(b) Publicly owned recreation buildings and fàcilities, playgrounds,
playfields and parks. "
(c) All uses pennitted in CF district.
(d) Uses accessory to any of the above uses when located on the
same plot.
Site Development Standards.
(a) Minimum Lot Area: 7,500 square feet
(b) Minimum Lot Width: 75 feet.
(c) Maximum Height: 2 stories or 30 feet above the centerline of the
road whichever is less.
(d) Plot Coverage: The combined plot area covered by all principal
and accessory buildings sball not exceed 35% of the area of the
lot.
(e) Setbacks:
Front Yards: Minimum of25 feet in depth.
Side Yards: Minimum of 8 feet. A comer side setback sball be
Land Dnvnlopm.n' R.gulation.
Ci'y of A"n'un, Florida
Page 7-5
703.3
15 feet on the side of the plot abutting on the side street.
Rear Yards: Minimum of25 feet.
Eft- Floor Areas. The minimum floor area not including garage or
tmairconditioned areas shall be 2,500 square feet. The mæcimlliB
íJoer area not iooluding garage er <ll'illi1cenditioned areas shall be
5,500 sqære fuet.
Single Family Residential Districts ffiS2). The following regulations shall apply
to all ~2 districts.
703.3.1
703.3.2
703.3.3
703.3.3
Land Dn"lopmont Rngulation.
City' A, .. F1 ,".
Purpose of Districts. The RS2 zoning district is established for one -
fumiIy living environment appropriate to the needs of fàmilies on lots
of limited size in areas consistent with the city's Comprehensive Plan
Future Land Use Element. Densities shall DOt exceed twelve
E-bBtwentv-five (25) units per net acre.
Uses Pemritted. No building or structure, Or part thereo( shall be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a) One fàmily detached dwelling.
(b) All uses permitted in the CF district.
(c) Publicly owned recreation buildings and tàcilities, playgrOlUlds,
playfields and parks.
(d) Uses accessory to any of the above uses when located on the
same plot.
( e) Zero lot line dwelling units.
Conditional Use. The follewing \!sea jfms! ilpfJ'-8 /Cd as n Conditienal
~
(n) Zero lot line dwelling HHita.
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Site Development Standards.
(a) Minimum Lot Area: 4,000 square feet
(b) Minimum Lot Width: 40 feet.
(c) Maximum Height: Three (3) stories. not to exceed 55 ~feet
above the centerline of the road whichever is less.
(d) Plot Coverage: The combined plot area covered by all principal
and accessory buildings shall not exceed 45% of the area of the
lot.
(e) Setbacks:
Front Yards: Minimum of l&--lQ.Jeet in depth for a maximum
of 50% of the lot ITontlge. In all cases a minimum distance of
20 feet sball be maintained between the garage door and the
right of way line.
Side Yards: Minimum of 5 fue! aad with 6 feet in width for~
maximum of 50% of the lot depth two story uBits. For zero let
p, ,~'
703.4
!iR€ HHÌts a minimum side yard total of 10 fuet if¡ width for both
sctbaeks (providif¡g for 0,10 and 5 and 5). A comer side
setback shall be 15 feet on the side of the plot abutting on the
side street.
Rear Yards: Minimwn of 15 feet. All lots which border in the
rear of the lot upon a canal or waterway shall provide a
minimillIl setback of25 feet in'depth fi:om the edge of water or
property line, which ever provides the greater setback.
(t) Floor Areas. The minimillIl floor area not including garage or
unairconditioned areas shall be 1,500 square feet. The mæamurn
floor area !lOt iReluding garage or unaircoaditie¡¡ed areas shall be
3,500 sqære fuet.
Multi - Family MediillIl Density Residential Districts ŒMF3). The following
regulations shall apply to all RMF3 districts:
703.4.1
703.4.2
703.4.3
Purpose of District. The purpose and intent of this district is to
provide suitable sites for the development of well planned,
environmentally compatible medium density multifamily residential
use in areas consistent with the city's Comprehensive Plan Future'
Land Use Element. Densities shall not exceed twenty (25) units per
gross acre.
Uses Pemùtted. No building or structure, or part thereof; shall be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a) Two - family dwellings.
(b) Triplexes and Quadruplexes
(c) Townhouses not to exceed 6 units in anyone group.
(d) Low Rise Apartments
(e) Mid Rise Apartments.
(t) All uses pennitted in CF district.
(g) Publicly owned recreation buildings and fàcilities, playgrOllllds,
playfields and parks
(h) Uses accessory to any of the above uses when located on the
same plot.
Site Development Standards.
(a) MinirnillIl Lot Area and Width: Duplexes: Each dwelling of a
two fàmi1y structure shall be located on a plot not less than 60
feet in width and 4,000 square feet in area. Townhouses: Not less
than 160 feet in width and 16,000 square feet in plot area.
Where townhouse dwellings are designed, arranged and
constructed for the ownership of each dwelling unit and the land
thereunder by a separate and different owner, each dwelling unit
may be located on a lot not less than 20 feet in width, and 80 feet
Land Dovnlopmn.' R'gulationo
City of Avo.tura, Florid.
Page 7-7
in depth. Each dwelling unit of a Quadruplex shall be located on
a lot ofmirllmum of 1,600 feetLow and Mid Rise Apartments:
Not less than 100 feet in width and 16,000 square feet in plot
area.
(b) Maximum Height: Duplexes: 2 stories or 25'. Townhouses: 3
stories or 35'. Low and Mid Rise Apartments: 4 stories or 45'.
(c) Plot Coverage: The combined plot area covered by all principal
and-accessory buildings shall not exceed 40% of the area of the
lot
(d) Setbacks:
Front Yards: Minimum of25 feet in depth.
Side Yards: Townhouse and Duplexes: Principal Structure 10
feet where applicable. Upon comer plots in all zoning districts
included in this section there shall be a fÌontyard as herein
specified, and in addition thereto, a side yard at least 20 feet in
width on the side of the plot abutting on the side street. Low
Rise and Mid Rise Apartments: 25 feet in depth.
Rear Yards: Minimum of25 feet
W Floor Areas: The mirllmum floor area not including garage or
tmairconditioned areas shall be 1,500 square feet The mæOmlllIÍ
floor area ROt inducting garage or lIÐBireeooitioned areas shall be
3,500 square fuet.
(1) Minimum Distances Between Buildings: StaBdard Principal
buildings shall be separated by at least 30 feet at the closest point
or by the sum of the building heights divided by two, whichever
is greater.
(g) Minimum Floor Areas: The mirllmum floor area not including
garage or tmairconditioned areas shall be as follows:
Multiple fàmi1y dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of two add 150 square
feet.
Efficiency units shall not exceed twenty (20) percent of the total
number of units within a building.
(h) Minimum Open Space: 35% of the total lot area. Said open
space shall be unencumbered with any structure or off-street
parking, and shall be landscaped and well maintained with grass,
trees, and shrubbery.
(i) Accessibility: All multi - fàmi1y development projects within the
zoning district shall provide a walkway that links buildings and
parking areas to onsite amenities.
(j) Floor Area Ratio: The floor area ratio shall not exceed the
following, provided, however, that structure parking shall not
count as a part of the floor area, but shall be counted in
computing building height.
Land Dnvelopmenl Regulaliono
Cil, of Avenlun, Florida
P'.7-"
703.5
Height ofBuilding
I story
2 story
3 story
4 story
5 stOl)'
Floor Area Ratio
0.30
0.50
0.75
0.80
0.&5
Multi - Familv High Density Residential Districts iRMF4). The following
regulations shall apply to all RMF4 districts:
703.5.1
703.5.2
703.5.3
Purpose of Districts. The purpose and intent of this district is to
provide suitable sites for the development of well planned,
environmentally compatible medilUll-high density muhifàmily
residential use in areas consistent with the City's Comprehensive Pllin
Future Land Use Element. Densities shall not exceed sixty (60) units
per gross acre.
Uses Pel1IÚtted. No building or structure, or part thereot; shall be
erected, altered or used, or Janel used in whole or part for other than
one or more of the following specific uses: -
(a)
(b)
(c)
(d)
All uses permitted in the RMF3 district.
High Rise Apartments.
All uses permitted in the CF district.
Publicly owned recreation buildings and facilities,
playgrounds, playfields and parks
ALF
Uses accessory to any of the above uses when locat.ed
on the same plot.
(e)
Eej-(f)
Site Development Standards.
(a) MinimlUll Lot Area and Width: Dupléxes Townhouses Low and
Mid Rise: As reqillred in the RMF3 zoning district. High Rise
Apartments: Not less than 100 fèet in width and 16,000 square
feet in plot area.
(b) MaximlUll Height: Duplexes: 2 stories or 25'. Townhouses: 3
stories or 35'. High Rise Apartments: 40 stories or 400'. Each
proposed building or structure which exceeds one hundred (100)
feet in height shall be designed and situated such that the shadow
created by the sun at 12:00 noon on December 21 (a sun angle of
forty-one (41) degrees) will not fall on any adjacent property
except for public road rights-of-way. Shadow studies shall be
provided to the Community Development Department.
(c) Plot Coverage: The combined plot area covered by all principal
and accessory buildings shall not exceed 40% of the area of the
lot.
(d) Setbacks:
Land D.velopm,nt Regulation,
Cily of ,..,ntun, Florida
Page 7-9
*
..
Front Yards: Minimum of25 feet in depth.
Side Yards: Townhouse and Duplexes: Principal Structure 10
feet. Upon comer plots in all zoning districts included in this
section there shall be a ITontyard as herein specified, and in
addition thereto, a side yard at least 20 feet in width on the side
ofthe plot abutting on the side street. Low, Mid and High Rise
Apartments: 25 feet in depth.
Rear Yards: Minimum of25 feet.
(e) Minimum Distances Between Buildings: Primary use buildings
shall be separated by at least 30 feet at the closest point or by the
sum of the building heights divided by two, whichever is greater.
(f) Minimum Floor Areas: The minimum floor area not including
garage or unairconditioned areas shall be as follows:
Multiple family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1050 square feet. .
For each additional bedroom in excess of two add 150 square
feet.
Efficiency units shall not exceed twenty (20) percent of the total"
number of units within a building.
(g) Minimum Open Space: 40% of the total lot area. Said open
space shall be unencumbered with any structure or off-street
parking, and shall be landscaped and well maintailled with grass,
trees, and shrubbery.
(h) Accessibility: All multi - family development projects within the
zoning district shall provide a walkway that links buildings and
parking areas to onsite amenities.
(i) Floor Area Ratio: The floor area ratio shall not exceed the
following, provided, however, that structure parking shall not
count as a part of the floor area, but shall be counted in
computing building height. "
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
3~ry QW
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8~ry I.W
9 story or over 2.00
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Land Developmnn' Regulation.
., '0
Section 704 Business Zoning Districts
704.1
704.2
~. These business districts are intended to provide for commercial
development in conformance with the Comprehensive Plan and aIlew-provide for
a variety of zoning districts to accommodate the City's business and commerce
needs. The HSeS ':.'ithin this distriet shall be eonsÍ5teat with, but may be more
restrietive tbIm, the eÐfreSf)oading Business aM Of!i€e 8fld !Rdustrial 8fld Of!i€e
category permitted uses. These zoning districts may be applied to land
designated Business and Office and Industrial and Office on the City's Future
Land Use Map, however, the uses within this district sball be consistent with. but
mav be more restrictive than. the corresponding Business and Office and
Industrial and Office category pennÌtted uses.
Neighborhood Business æ J) District. This district is intended to provide
primarily for retail sales and services to a surrounding neighborhood. Retail
stores permitted therein are intended to include primarily convenience goods
wmch are usually a dai1y necessity for a residential neighborhood. The district is
appropriate for location on a collector or an arterial roadway.
704.2.1
Uses Permitted. No building or structure, or part thereot; sball be"
erected, altered or used, or !and used in whole or part for other than
one or more of the following specific uses provided the requirements
set forth elsewhere in this section are satisfied:
(a) Grocery stores and pharmacies with each store limited to two
thousand (2,000) square feet of total floor area.
(b) Stores for sale of new merchandise, directly to the ultimate
consumer only, with each use limited to five thousand (5,000)
square feet of total floor area per eGtablishmeat use and limited to
the following: hardware, bakery, shoes, dairy, meat market,
poultry shop, bookstore, newsstand, tailor shop, florist, giftlcard
shop, optical, sporting goods, leather goods, music store,
luggage, sundries, notions, tobacco products, bicycle sales,
rentals and repairs, clothes, jewelry, arts and crafts, pottery
shops, paint and wallpaper, artist studios and galleries, camera
shops, small electronics and picture fi"aming shop.
(c) Personal services with each use limited to twenty-five hundred
(2,500) square feet of total floor area per estabfubmeat use
and limited to the following: dry cleaning (not conducted on
premises), manicurist, travel agency, barbershop, beauty shop,
shoe repair, video rental, postal facilities, drugstores, interior
design, consumer electronic repair and srna1l appliance repair,
tailoring and alterations, photograpmc film pickup,
laundromat open not earlier than 7:00 a.m. and not closed
later than II :00 p.m., and restaurant without drive-through
facilities.
(d) Offices aad or buildings uses such as the following, limited to
Land D...lopm,n' R'gulalion.
City of Avon Iura, Floridn
Page 7-tt
I
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704.2.2
704.2.3
twenty thousand (20,000) square feet per estabfuJhmem use:
professional, business offices, medical out patient or dental
offices or clinics.
(e) Banks and financial institutions, excluding drive-through
facilities, limited to twenty thousand (20,000) square feet per
establishment.
(f) Nursery schoo~ child center or adult daycare subject to the
following standards:
a. Building shall be located at least thirty (30) feet fÌom any
"R" zoned lands.
b. At least one completely fenced and secured play lot shall
be established, maintained and used for children at play. The
fence shall be not less than five (5) feet in height.
c. Play lots located closer than fifty (50) feet to the plot line
shall be screened by an opaque fence or wall or compact
evergreen hedge not less than five (5) feet in height.
(g) Institutions such as places of worship, libraries, museums
and similar facilities.
(h) Antique shops.
(i) Restaurants and coffee houses or dining room where kitchen
is screened or located altogether within an enclosed building
or room and with ample provisions for carrying away or
dissipating fumes, odors, smoke or noise and where premises
are so arranged and the business is so conducted as not to be
offensive.or obnoxious to occupants of adjoining premises or
to passersby. Restaurants and cafes may serve alcoholic
beverages where such service is strictly incidental to the
service of food and fÌom a service bar only provided no
entertainment of any kind is funùshed. No sign of any type
or character shall be exhibited or displayed to the outside
denoting that alcoholic beverages are obtainable within.
(j) Uses accessory to any of the above "uses when located on the
same plot.
(k) All uses permitted in the CF district.
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.
Uses Prohibited. The permitted uses enumerated in this district shall
not be construed to include, either as a principal or accessory use,
any of the following:
L..d D...lopm'n' R,gulatio..
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704.2.4
704.2.5
704.3
(a) Any use not specifically permitted.
(b) Adult entertainment establishments as defined in the Land
Development Regulations.
(c) Sale of goods to other than the ultimate consumer.
(d) Sales, display or storage of used merchandise other than
antiques.
(e) Sale of alcoholic beverages for on-premises consumption
except with meals.
(f) Sale of fi-uit or merchandise from trucks, wagons or other
vehicles parked on or along public or private streets or from
open stands or vacant lots. Such business on private or public
property shall be conducted only from within approved
permanent substantial buildings.
(g) Purchase of used goods.
Limitations Of Uses And Structures. Except for automobile
parking lots and play areas of day nurseries of public and private
schools, all activities of pennitted uses, including sale, display,
preparation and storage, shall be conducted entirely within a
completely enclosed building. Storage shall not be made above the
height of the walls. Overhead doors or other openings larger than
eight (8) feet in width shall not be located on the front or immediate
street side elevations of buildings. If oriented toward contiguous
residentially zoned Iand said opening shall be screened in accordance
with the requirements contained in this Code.
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage: The floor area ratio shall
be forty hundredths (0.40) at one (I) story and shall be
increased by eleven-one-hundredths (0.11) for each additional
story. Structure parking shall not count as part of the floor
area, but shall be counted in compúting building height and
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed forty (40) percent of the
total lot area. Enclosed or nonenclosed mall areas shall not
count as part of the floor area, for floor area ratio
computation purposes.
(b) Maximum Height: 2 stories or 35 feet
( c) Minimum Lot Area and Width: The minimum required width is
110 feet and the width is 20,000 square feet.
(d) Setbacks: Except as otherwise provided every plot shall have a
front yard not less than twenty-five (25) feet in depth. Every plot
shall have a street side yard of not less than twenty (20) feet in
depth. There is no side or rear yard setback for a plot which is
not adjacent to a street or alley.
Community Business æ2) District. This district is intended primarily to provide
Land De.elopmnnl Regulation.
Cily of AYentur., Florida
Pane 7-13
for general commercial activity for a wide range of goods and services. to the
entire connnunity and sub regiolL Such businesses generally require locations
convenient for both vehicular and pedestrian traffic and would be expected to
have orientation toward and direct access to arterial roadways.
704.3.1
Uses Permitted. No building or structure, or part thereo:l; shall be
erected, ahered or used, or land used in whole or part for other than
one or more of the following specific uses provided the reqlÙrements
set forth elsewhere in this section are satisfied:
(a) Any use pe11Ditted in a Bl District subject to the reqlÙrements
of that district as outlined herein.
Auditoriums.
Automobile new parts and equipment, sales only.
Bait and tackle shops.
Banks, including drive-in teller service.
Billiard rooms and pool rooms
Dancing halls or dancing academies in air conditioned buildings
providing that such establishments are not located closer than
five hundred (500) feet to an R District. -
(h) Dog and pet hospitals in air-conditioned buildings.
(i) Dry cleaning establishments, using noninflammable solvents in
self-contained dry cleaning units of the Prosperity type or
Dedrick type or an equaL provided such establishments contain
not more than four thousand (4,000) square feet offloor area.
CD Electrical appliance and fixtures stores including related repair
shops.
(Ie) Employment agencies.
(I) Furniture stores, retail of new merchandise only.
(m) Grocery stores and supermarkets.
(n) Handcrafted-products shop.
(0) Heahh and exercise clubs and spas. -
(P) Department stores.
(q) Lawn mowers, retail, sales and service.
(r) Mortuaries or fimeral homes.
(s) Motorcycles sales and repairs.
(t) Pet shops and dog beauty parlors in air-conditioned buildings.
(u) Post office stations and branches, opemted by postal service
ompleyees or agenls, which directly serve the public.
(v) Liquor Package stores
(w) Restaurant, night clubs, lounge, and catering.
I. Outdoor play equipment: Play equipment areas shall be
placed in walled-in or fenced-in areas only. The wall
design and/or fence must be compatible in design,
materials, and color with the main structure. Between any
such areas and adjoining sidewalks, parking spaces or
other vehicular use areas, a landscape strip of no less than
(b)
(c)
(d)
(e)
(f)
(g)
Land Dnvelopme" Regulatioo.
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five (5) feet shall be provided containing trees and tall
shrubs of three (3) feet minimum height. Play equipment
shall be limited to a maximum height of ten (10) feet or
the height of the fascia, whichever is lower. The colors of
the play equipment shall be compatible with the main
building colors.
(x) Printing shops.
(y) Automobile parking garages, not over six (6) stories in
height.
(z) Office parks.
(aa) Indoor co=ercial recreation uses limited to martial arts,
dance and exercise studios. There shall be a maximum of
twenty-five hundred (2,500) square feet of total floor area
per establishment and no more than one per business center.
(bb) Automatic car washes are pennitted as an accessory use
subject to the following conditions:
1. The car wash must be accessory to and operating as a
secondary service to the service station.
2. The accessory operation shall be fully automatic
requiring no employees for car wash related services.
3. Maximum capacity of the accessory car wash shall be
one (I) vehicle.
4. The accessory car wash must have a working oil/sand
interceptor to which all drainage from the car wash must
flow.
5. Buffering where the accessory building includes an
opening of at least eight (8) feet in width or height:
(a) Where said building is sixty (60) feet or less from
"R" zoned land and the opening faces the "R" zoned
land, a wall or berm eight (8) feet in height shall be
required to screen the opening. The berm, together
with any plantings, shall be a Ïninimum of six (6) feet in
height at the time of installation. The berm and
plantings shall be maintained at an eight (8) foot height
and shall be designed and maintained in a manner that
will provide an opaque visual buffer.
(b) Where the opening is located on the front or
immediate streetside elevation of a building, a wall with
a height of five (5) feet shall be required to screen the
opening. A five (5) foot landscape strip shall be
provided on the streetside of said wall. The strip shall
be landscaped with a minimum of two (2) trees, and
two (2) shrubs or vines for each five (5) feet of wall.
(c) Alternate methods of achieving the opaque visual
buffer may be approved by the Co=unity
Development Director.
6. In no event shall required walls, berms or plantings
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Land De"lopmnn' Regulation.
Ci'r .f ,he.tun, Florid.
Pa.e 7-15
conflict with the required Sight Visibility Triangle.
(cc) Hand car washes are permitted as an accessory use subject
to the following conditions:
1. The car wash must be accessory to and operating as a
secondary service of the service station.
2. The accessory car wash must meet all landscape and
buffering requirements as outlined in this Code.
3. The accessory car wash must have a working oil/sand
interceptor to which all drainage ITom the car wash must flow.
4. Hours of operation shall not exceed hours of operation of
the service station.
5. Traffic circulation standards on site shall provide a
minimum of six (6) vehicle stacking spaces, which spaces may
be utilized as stacking spaces, separate parking spaces or a
combination of the two. Any stacking shall be located in such
a way as to avoid conflicts and provide safe turning
movements.
(dd) Hotels. motels resorts and time share units. subject to the
following:
I. The minimum plot area shall be two (2) acres. ;
2. Any outdoor recreation areas including swimming
pools shall be located at least twenty-five (25) feet ITom
the plot line of any adjacent residentially zoned properlY
and screened ITom any such adjacent properties in
accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in a
motel or hotel which includes all areas to be individually
rented by a customer. shall be three hundred (300) square
feet.
(ee) Accessory uses and structures.
704.3.2 Conditional Use. The following uses if first "approved as a Conditional
use:
. Regional Malls.
. Dockage for and boats carrying passengers on excursion,
sightseeing, pleasure or fishing trips.
. Automobile washing.
. Self storage facility.
. Heliport landing sites
. Auction sales.
. Indoor commercial recreation uses including, but not
limited to: theater, bowling center, miniature golf, skating
rink, health clubs and physical fitness facilities.
. Hotels, motels, resorts and time share HBits, subject to
the foHÐ',ying:
I. The minimœn plot area shall be hvo (2) acres.
2. /.ny outdoor recreatioE. areas ineludiBg S',vimmmg
Land Developmonl Rngulation.
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Land Devnlopmnn' R'gulalion.
c;'1 of Av,ntnra, Florida
.
pools shall be loeated at lcaGt twenty five (25) feet from
the plot liRe of any adjaeeat resideatially zoned property
and screened from liB)' R lOeed adjaeent properties in
aceordanee with the landscape eode.
3. The miBimum floor area of a reBtal sleeping room in
a motel or hotel, which includes all areas to be individually
roatod by a eootomer, shall be thíee hundred (300) square
feet-.
Service stations, subject to the following regulations:
I. The minimum lot area shall be twenty thousand
(20,000) square feet.
2. The minimum ITontage on a street shall be one hundred
fifty (150) feet.
3. The minimum setback of any building ITom all street lot
lines shall be sixty-five (65) feet.
4. The minimum setback of gasoline pumps ITom any
street lot lines shall be fifty (50) feet.
5. At the tenninus of any pump island, a planter area of a
minimum of two feet shall be provided to accommodate a
small tree (ten (10) feet maximllfD) and ground
cover/shrubs.
6. Gasoline vent stacks are to be placed either in the rear
half of the property, or away ITom the street enclosed
within a decorative structure or painted an inconspicuous
color.
7. Parking shall be peIDÙtted only in designated areas
except when the vehicle is fueling.
8. Service stations within two hundred (200) feet of
properties in residential, community facility or parks and
recreation zoning districts shall protect those properties
ITom headlight glare, undesirable noise and views by the
following: "
(a) A decorative masonry wall, of unifonn appearance
six (6) feet in height, above finished grade, except
along street ITontages abutting a right-of-way with a
width of eighty (80) feet or greater.
(b) A five-foot wide landscape area which shall be
outside the wall and consist of a two-foot high
continuous hedge at the time of planting and be
maintained at a height of at leastfour (4) feet.
(c) Such masonry wall and landscaping shall be
maintained in good condition at all times. This
masonry wall and landscaping may be interrupted by
normal entrances or exits, and shall have no signs hung
or attached thereto.
9. All services except those routinely perfonned at full
service pllfDp island shall be conducted within the
Pal'. 7-17
704.3.3
704.3.4
building. No major repairs shall be performed (not
including air, water or vacuum).
Uses that exceed the height limitations.
Uses Prohibited. The permitted uses enumerated in tIris district shall
not be construed to include, either as a principal or accessory use,
any of the following:
(a) Any use not specifically permitted.
(b) Adult entertainment establishments as defined in the Land
Development Regulations.
(c) Sale of goods to other than the ultimate consumer.
(d) Off premises catering.
(e) Sales, display or storage of used merchandise other than
antiques.
(f) Purchase of used goods.
(g) Sale of fi'uit or merchandise ITomtrucks, wagons or other
vehicles parked on or along public or private streets or ITom
open stands or vacant lots. Such business on private or public
property shall be conducted only ITom within approved
permanent substantial buildings.
Limitations Of Uses And Structures. All activities of permitted uses,
including sale, display, preparation and storage shall be conducted
within a completely enclosed building except as follows:
a) Open-air retail sales of plant materials not grown on site,
home garden supplies and related merchandise (garden
shop) are permitted as an accessory use to a retail
business subject to the following conditions:
I. The garden shop must be accessory to and operating as a
part ofa retail business.
2. Total square footage of the gardén shop shall not exceed
the total square footage of floor space within the
principal retail business.
3. An accessory garden shop shall be enclosed by at least an
eight-foot wall; the wall on the side contiguous to the
main structure must be solid concrete or masonry;
however, the three noncontiguous walls may be
constructed with up to fifty percent (50%) of the eight-
foot height in these locations consisting of decorative or
ornamental fencing (not chain link fencing.. or similar
materials). i\dditionaJly, oilly living plaÐt materials, and
the pots ÍB 'ñweh they are plaÐted, may be displayed ÍB
the openings ÍB the wall. No machinery, supplies,
inventory, products, equipment or other materials other
than living plant materials and the pots in which they are
planted, shall be visible through the openings in the wall
Land D."lopm.n' R.gulatioo.
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(I) side of the garden center shall be contiguous to the
principal use to which it is accessory.
4. Stocking of the garden shop shall be done internally or
through a single gate at the rear of the premises.
5. No more than one (I) other gate in addition to the gate
described in 4, above, at the rear of premises shall be
provided to allow bulky iterns to be carried out for
customer pickup.
b) Any storage activity must be enclosed by a concrete or
masonry wall at least eight (8) feet in height. No
machinery, supplies, inventory, products, equipment or
materials, other than landscaping, exceeding eight (8) feet
in height shall be allowed in such permitted area.
c) Outdoor seating area when utilized as an accessory use to
a restaurant.
d) Play areas of day nurseries or public or private schoo Is.
e) Any drive-thru business.
f) Refueling areas of vehicle service stations.
g) Tennis, racquetball, squash and handball courts;
swimming pools, and running tracks, and outdoor seating
areas appurtenant thereto.
h) Overhead doors or other openings larger than eight (8)
feet in width and eight (8) feet in height shall not be
located on the front or immediate streetside elevations of
buildings. If oriented toward contiguous residentially
zoned land said opening shall be screened with a masonry
or stucco wall in accordance with the requirements
contained in this chapter.
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage:Ïhe floor area ratio shall
be forty hundredths (0.40) at one (I) story and shall be
increased by eleven-one-hundredths (0.11) for each additional
story. Structure parking shall not count as part of the floor
area, but shall be counted in computing building height and
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed forty (40) percent of the
total lot area. Nonenclosed mall areas shall not count as part
of the floor area, for floor area ratio computation purposes,
nor as part of the lot-coverage.
(b) Maximwn Height: 20 stories or 200 feet. That portion of the
building or structure within 200 feet of any residential zone shall
be subject to a height limitation of I foot for every 2 feet in
distance from the residential zoned plot unless the application of
this requirement would limit the building height !ess-tflæ¡ to a
minimwn of25 feet.
Land D..,lopm,n' Rognlation.
City of Avon""', Florida
Page 7-19
(c) Minimum Lot Area and Width: There shall be no minimum
required width or area of plot except as otherwise provided.
(d) Setbacks: Except as otherwise provided every plot shall have a
fÌ'ont yard not less than siKty five (65) twenty five (25) feet in
depth. Every plot shall have a street side yard of not less than
twenty (20) feet in depth. There is no side yard setback for a plot
which is not adjacent to a street or alley. A side and rear yard
setback of 20 feet is required when adjacent to a residentially
zoned district. street or alley.
(6) Special Provisions fur Shopping Center Outparcels: .No more
than thirty percent (30~(,) of the Jrontage of aay shoppÌflg center
1n£I]' Be obstructed by oill p81cel development consisting of walls,
buildings or other visual obst:lictioH e)wept for laadseaping
materials and signs less than three (3) feet in height. However,
'",here an out parcel has been subdivided Ham the p81em
shopping centcr tract in accordaRee with the provisioB5 of the
kmd dcvelopment code, BO mere than thirty per-eent (30~(,) of the
HoHtage of the outpar-eel shall Be permitted to Be obst.'"\icted by
de','clopmeat consisting a f walls, buildings or other '.isHaI
obstruction e)(-£ept for IaBdseaping materials and signs less than
three (3) fuet in height. No Ollt parcel IJIlildiÐ.g shall be
locatedcloser thim seventy (70) fuet at the closest point or by
the height of the higher of the two bHilàiÐ.gs to any other out
pæ-ce! building, vffiichever is greater.
704.4 HeavY Business Œ3) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other
support fàcilities developed according to an overall development pJan; and for a
wide range of goods and services to serve a market beyond the community itself
Such commercial concentrations are expected to draw substantial patronage
fÌ'om outside areas and are not expected to serve the convenience needs of local
residents. As such, these centers should be oriented 10wards, and have direct
access to arterial roadways, particularly major arterials.
704.4.1 Uses Pennitted. No building or structUre, or part thereot; shall be
erected, altered or used, or land used in whole or part for other than
ODe or more of the following specific uses provided the requirements
set forth elsewhere in this section are satisfied:
(a) Any use pennitted ill a Bl or B2 District subject to the
requirements of that illstrict as modified herein.
(b) Sales and installation of automobile tires, batteries and
window tinting.
(c) Commercial transportation business including taxi dispatch,
bus and tram depot.
(d) Motor vehicle repair and service garage.
(e) Automobile car washing.
L..d D"nlopment R'gulation.
City of "'en tun, Florida
p.
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704.4.2
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704.4.3
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(f) Telephone exchange and telemarketing.
(g) Off premises catering.
(h) Appliance, furniture and small equipment rental agencies.
(i) Contractor shops subject to the following limitations; The
. activity shall be limited to twenty-five hundred (2,500) square
feet. Loading zones and parking areas for employees shall be
adequately screened from public view from thoroughfares and
adjacent residential districts.
U) Professional and research and development offices.
(k) Accessory uses and structures,
Conditional Use. The following uses mav be established if first
approved as a Conditional Use:
Buildings or structures exceeding the height limitations set
forth in this section, tijHe an additional maximum height of
100 feet.
. Heliports, helistops and off-heliport landing sites
Sale or rental of automobiles, trucks, trailers, motor homes
and boats.
Storage and distribution facilities.
Additional Uses Pennitted. The following uses shall only be permitted
in the B3 Zone:
(I) Adult bookstore;
(2) Adult theater;
(3) Adult night club;
(4) Adult video store;
(5) Massage establishment;
(6) Adult modeling establishment;
(7) Adult photography studio;
(8) Encounter studio.
None of the uses set forth in this subsection shall be pennitted (i)
within one thousand (1,000) feet of a private schooL public
schooL house of worship, public park, public library, day care
center or nursery for children or adults; (ii) within one thousand
(1,000) feet of any of the uses described in subsection 704.4.3;
and (iii) within six hundred. sixty (660) feet of any "Roo zoning
district; provided, however, that the spacing requirements above
shall not apply where the adult entertainment use is separated
from a private school, public school, house of worship, public
park, public library, day care center or nursery for children or
adults and within six hundred sixty (660) feet of any R zoning
district by a county or state road of not less than five (5) lanes, an
expressway, a river or lake. All other distance and spacing
requirements outlined herein shall apply.
Land D".lopm." R,gulation.
City of ""nOun, Flo<id.
Page 7-21
704.4.4
704.4.5
The distance and spacing requirements shall be measured by
following a straight line from the nearest point of the proposed
place of business, whether it is the structure itself or the parking
lot used by the patrons of the proposed place of business, to the
nearest point on the private school, public school, house of
worship, public park, public library, day care center or nursery for
children or adults and "R" zoning district.
From any of the uses described in subsection 704.4.3 the distance
shall be measured by following a straight line from the front door
of the proposed place of business to the nearest point of the
existing uses described in subsection 704.4.3.
For the purposes of establishing the distance between the uses
descnòed in subsection 704.4.3, and between such uses and private
schools, public schools, houses of worship, public parks, public
h'braries, day care centers or nurseries for children and adults, or "R"
zoning districts, the applicant for such use shall furnish a certified
survey fi-om a registered surveyor. Such sketch shall indicate the
distance between the proposed aduh use, and any uses descnòed in
subsection 704.4.3, any house of worship, public schooL private
schooL public park, public h'brary, day care center or nursery for
children or R zoning district.
This section shall not apply to accredited universities, accredited
colleges or other accredited educational institutions, museums, art
exhibits, arts and cultural performance theaters and pJayhouses or
commercial professional photography and portrait studios which may
use nude subjects for their photographs or portraits.
Uses Proln'bited. The permitted uses enumerated in this district shall
not be construed to include, either as a principal or accessory use,
any of the following which are listed for emphasis:
(a) Any use first permitted in industrial districts.
(b) Open air sale or display of machinery or construction
equipment.
Linùtations Of Uses And Structures. All permitted uses in this
district shall be conducted within a completely enclosed building
except as follows:
a) Any activity which is enclosed by a concrete or masonry
wall at least eight (8) feet in height effectively screening
such use fi-om outside direct view at ground levels.
b) Seating area when utilized as an accessory use to a
restaurant.
Land DOT.lopm,.' R.gulation.
City or', . .. F' .in.
p. . ,."
704.4.6
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c) Motor vehicles sales or rental providing the storage area
is contained fully within a six-foot high decorative
masonry wall. Said masonry wall shall provide along the
extension thereof, a five-foot planting strip to be
landscaped in accordance with the LDR.
d) Play areas of day nurseries or public or private schools.
e) Drive-thru businesses.
£) Refueling areas of service stations.
g) Car wash.
h) Plant nurseries.
i) Commercial marinas.
j) Recreational uses.
k) Storage area in this district may be provided outside an
enclosed building providing the storage area is contained
fully within a six-foot high decorative masonry wall. Said
masonry wall shall provide along the extension thereof, a
five-foot planting strip to be landscaped in accordance
with the LDR.
The following specific uses sball be permitted only when the entire
site so utilized is not closer than three hundred (300) feet ITom an.
"R" District:
a) Cabinet and carpenter shop.
b) Heating and air conditioning contractor shop.
c) Sign shop.
d) Tinsmith shop.
Overhead doors or other openings larger than eight (8) feet in
width shall not be located on the immediate streetside of
buildings. If oriented toward contiguous residentially zoned land
said opening shall be screened in accordance with the
requirements contained in this Code.
Site Development Standards.
(a) Floor Area Ratio and Lot Coverage: The floor area ratio shall
be forty hundredths (0.40) at one (1) story and shall be
increased by eleven hundredths (0.11) for each additional
story. Structure parking shall not count as part of the floor
area, but shall be counted in computing building height and
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed forty (40) percent ofthe
total lot area. Nonenclosed mall areas shall not count as part
of the floor area, for floor area ratio.computation purposes,
nor as part of the lot coverage.
(b) Maximum Height: No building or structure shall be erected or
altered to a height exceeding 20 stories or 200 -tOO feet. That
portion of a building or structure within 200 feet of any
residential wne shall be subject to a height limitation of I foot in
height for every 2 feet in distance ITom the residential zoned plot
Land Denlopmnnt R,guialion.
City of M,nOun. Flodda
Page 7-23
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unless the application of this requirement would limit the building
height to a minirnwn ofless-tflaH 25 feet.
(c) Minirnwn Lot Area and Width: There shall be no minirnwn
required width or area of plot except as otherwise provided.
(d) Setbacks: Every plot shall have a front yard not less than twenty-
five (25) feet in depth. Every plot shall have a street side yard of
not less than twenty (20) feet in depth.
(e) Special ProyisÌens for £hopping Center Olitpareels: No more
than thirty percent (30%) of the H-ontage of any shopping center
may be obstructed by out parcel development eansi5lÌÐg of waIJs,
buiklings or other -,isual obstruction Ø)c£ept for lanèseaping
materials afl<Ì sigHs less tbaa tlH-ee (3) reet in height. However,
where an out parcel has been SHèdiviàed Hem too parent
shopfJÌBg center tæet in accordance with the previsioß5 of the
kmd develofJme13.t code, no more tbaa iliirty pef';ent (30%) of the
H-ontage of the elitpareel shall be peHnitted to be ob5troeted by
deyelopmeat eonsi;;ting of waIJs, bHildings ar ather '.15001
obst'-lietioR e1C€ept fur landseaping materials BIld sigHS less than
three (3) feet in height. No out parcel bliiJding shaH be
loeatedelaser than se ¡eB.ty (70) reet at the closest poiB.t ar by
the height of the higher of the t'.vo bHildings to any ather out
pareell:niÌkiing, whichever is greater.
704.5 Office Park (OP) District. TIlls district is intended to provide for high-quality,
semi-professional and professional offices in a campus setting reflecting creative
design and enviromnentally compatible use of space and perimeter buffer areas.
TIlls zoning district may be applied to land designated Business and Office and
Industrial and Office on the City's Future Land Use Map, however the uses
within this district shall be consistent with, but may be more restrictive than, the
corresponding Business and Office and Industrial and Office category permitted
uses.
.
704.5.1 Uses Pennitted. No building or structure, or part thereot; shall be
erected, ahered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a) Business/professional offices.
(b) Laboratories for scientific and industrial research and
development, including the use of scientific laboratory equipment
and devices
(c) Dental & medical offices
(d) Banks, savings & loans (no drive-in tellers).
(e) Restaurants accessory to primary uses (no drive-in fàcilities)
(f) Uses generally accessory to the above principal uses. Accessory
uses are those uses that are associated with the principal use(s)
and which provide service primarily to employees and patrons of
the office park. The accwnulative total of all accessory uses shall
Land D"elopmnn' Regnlatio..
r". -, A, '" F' .p,
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be limited to a maximum of fifteen (15) percent of the total gross
interior square footage of the buildings proposed for the site.
Such uses shall have no outside advertising. Areas devoted to
structure parking shall not be included in the above calculations.
(g) All uses pennitted in the CF district.
(h) Hotels. motels. resorts and time share units. subject to the
following:
1. The minimum plot area shall be one and a half (1.5)
acres.
2. Any outdoor recreation areas including swimming
pools shall be located at least twenty-five (25) feet from
the plot line of anv adjacent residentiallv zoned propertV
and screened from any such adjacent properties in
accordance with the landscape code.
3. The minimum floor area of a rental sleeping room in
a motel or hotel which includes all areas to be individuallv
rented bv a customer. shall be three hundred (300) square
feet.
704.5.2 Conditional Use. The following uses iffirst approved as a Conditional
Use:
. Business-ReJated Schools.
. Phannacies limited to drugs and medical supplies.
. Uses that exceed the height limitations.
. Marine industry uses.
. Drive thru bank facilitv
704.5.3 Uses Prolnoited. Except as specifically permitted in this section, the
following uses are expressly prolnoited as either principal or
accessory uses:
(a) Residential uses. .
(b) Adult entertainment.
(c) Retail and non-marine industrial uses.
704.5.4 Site Development Standards.
(a) Minimum Lot Area and Width: The minimum ITontage
requirements shall be one hundred (100) feet, with a rnirrimum lot
area of one and one half (1.5) acres including right-of-way
dedications.
(b) Maximum Height: No building or structure, or part thereof shall
be erected to a height exceeding 10 stories or 120 feet,
whichever is less.
(c) Floor Area Ratio and Lot Coverage: The floor area ratio shall be
.fill:ti tflir!y hundredths (0.40) ~ at one (I) story and shall be
increased by eleven eight hundredths (0.11) ~ for each
additional story. Structure parking shall not count as part of the
floor area, but shall be counted in computing building height and
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L.nd D..elopme.' Regulation.
Ci'r of Av,nlun, Florida
Page 7-25
number of stories. The total lot coverage permitted for all
buildings on the site shall not exceed fortY (40 ) percent of the
total lot area.
(d) Setbacks: Every plot shall have a fi'ont yard not less than 50 feet
in depth. No parking areas shall be located within 30 tèet of any
residentially zoned property or within 10 feet of any street line
Every plot shall have a street side yard of not less than fifteen
(15) feet in depth. Every plot upon which a structure is hereafter
erected shall have a miniImun rear yard of 25 feet. Adjacent to
any RS districts the setback shall be 30 feet.
(e) Minimum Open Space: 22% ofthe net lot area. Said landscaped
open space may include entrance features, passive recreational
uses and/or pedestrian walkways. This minimum reqillrement
may also include 50% of roof decks and other above-grade
surfaces which are provided and maintained for the common
benefit of all occupants of the building. Water bodies may be
used as part of the reqillred landscaped open space but such
water areas shall not be credited for more than twenty (20)
percent of the reqillred open space.
Medical Office (MO) District. This district is intended to provide for medical
offices and other uses supporting the medical professional associated with the
hospital This zoning district may be applied to land designated Business and
Office on the City's Future Land Use Map, however the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding
Business and Office category permitted uses.
704.6
"
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704.6.1
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Uses Permitted. No building or structure, or part thereof; shall be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a)
(b)
(c)
(d)
(e)
Business/professional offices.
Hospitals
Nursing Homes
Medical laboratories.
Laboratories for medical research and development, including
the use of medical laboratory equipment and devices
Dental & medical offices
Banks, savings & loans (no drive-in tellers).
Restaurants accessory to primary uses (no drive-in fàcilities)
Pharmacies lirnited to drugs and medical supplies.
Hotels, motels, resorts and time share units, subject to the
following:
The nriniInum plot area shall be one and one half
(1.5) acres.
The nriniInum floor area of a rental sleeping room in
a motel or hotel, which includes all areas to be
(f)
(g)
(h)
(i)
(j)
Land D,..lopmnnl Regulation>
Cily of A.ento". Florida
Pa~e 7-26
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704.6.3
704.6.4
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individually rented by a customer, shall be three hundred
(300) square feet.
(k) All uses pennitted in CF district.
(1) Uses generally accessol)' to the above principal lIXS, Acccssol)'
uses are those uses that are associated with the principal usee s)
and which provide service primarily to employees and patrons of
the office park. The accumulative total of all accessory uses shall
be limited to a maximum of fifteen (15)percent of the total gross
interior square footage of the buildings proposed for the site.
Such uses shall have no outside advertising. Areas devoted to
structure parking shall not be included in the above calculations.
(m) ALF
Conditional Use. The following uses iffirst approved as a Conditional
Use:
. Business"Related Schools.
. Multi-fàmi\y residential uses.
. Uses that exceed the height limitations.
. Retail uses with a minimum lot area of two (2) gross acres.
. Drive thru fàcility.
. Helioort landing site.
Uses Prohibited. Except as specifically pennitted in this section, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Adult entertainment.
(b) Retail uses on a lot less than two (2) gross acres.
(c) Industrial uses.
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum ITontage
reqillrements shall be one hundred (100) feet, with a minimum lot
area of one and half (1.5) acres including right-of-way
dedications.
(b) Maximum Height: No building or structure, or part thereof shall
be erected to a height exceeding 10 stories or 120 feet,
whichever is less.
(c) Setbacks: Every plot shall have a ITont yard not less than 50 feet
in depth. No parking areas shall be located within 30 feet of any
residentially zoned property or within 10 feet of any street line
Every plot shall have a street side yard of not less than twenty
(20) feet in depth. Every plot upon which a structure is hereafter
erected shall have a minimum rear yard of25 feet.
(d) Floor Area Ratio and Lot Coverage: The floor area ratio shall be
forty hundredths (0.40) at one (1) story and shall be increased by
eleven hundredths (0.\ 1) for each additional story. Structure
parking shall not co~t as part of the floor area, but shall be
Land D...lopwnn' Rngulatio..
City of ",..Onn, Florida
Page 7-27
counted in computing building height and number of stories. The
total lot coverage permitted for all buildings on the site shall not
exceed forty (40) percent of the total lot area.
704.6.5
Limitations Of Uses And Structures. All activities of permitted
uses, including sale, display, preparation and storage, shall be
conducted entirely within a completely enclosed building. Storage
shall not be made above the height of the walls. Overhead doors or
other operrings larger than eight (8) feet in width shall not be located
on the front or immediate street and/or side elevations of buildings.
If oriented toward contiguous residentially zoned land said opening
shall be screened in accordance with the requirements contained in
the LDR
Land D.,.lopmno' Rngul.tio",
Ci'y of "<anlu", Florida
1'3 ',e 7-~8
Section 705 Town Center District
705.1
~. The purpose and intent of this district is to provide suitable sites for the
development of structures combining residential and commercial uses in a well
planned and compatible manner. The uses within this district shall be consistent
with, but may be more restrictive than, the cocresponding Town Center Land
Use category pennitted uses. Residential densities shall not exceed 25 units per
gross acre and nomesidential densities shall not exceed a floor area ratio of2.0.
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705.2
Town Center District (TCl). The following reguJations shall apply to all TCI
districts:
706.2.1
Uses Pennitted. No building or structure, or part thereot; shall be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses, provided the requirements
set forth elsewhere in this section are satisfied:
(a) Mixed-use structures. For the purposes of this subsection, mixed-
use buildings or structures are those combining residential
dwelling units coníòrming generally with the intent of the RMF3,-
Muhi-Family Medium Density Residential district, with office
and/or retail commercial uses allowed in the Bl, Neighborhood
Business District, where the ratio of total square feet dedicated to
residential and non-residential uses is between 3: 1 and 1:3.
(b) All uses pennitted in the CF district.
705-2_2
Accessorv Uses Pennitted. Pennitted incidental and accessory uses
shall include:
(a) Those uses allowed as accessory uses in the RMF3 Multi-
Family Medium Density Residential District, except for uses
which, by their nature, would inhibit the establishment of
pennitted commercial activities or restrict the acceptable
mixing of residential and non-residential uses.
(b) All uses permitted as accessory uses in the CF, Community
Facilities district.
(c) Outdoor dining as an accessory use to a pennitted restaurant
or retail use.
705.2.3
Conditional Uses Pennitted. The following uses mav be established if
first approved as a Conditional Use:
Those uses pennitted in the RMF3 district.
Those uses pennitted in the B 1 district.
Sale of alcoholic beverages for on-premises
consumption except with meals.
Uses that exceed the height limitations.
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Land D..elopmnn' Regnlatio..
Ci'r or Avenlnn, Flodd.
Page 7-29
705.2.4
705.2.5
Uses Prohibited. Except as specifically permitted in this division, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Any use not specifically permitted.
(b) Adult entertainment establishments.
(c) Sale of goods to other than the ultimate consumer.
(d) Sales, purchase, display or storage of used merchandise other
than antiques.
(e) Sale of JTuit or merchandise ttom trucks, wagons or other
vehicles parked on or along public or private streets or ttom
open stands or vacant lots. Such business on private or public
property shall be conducted only ttom within approved
permanent substantial buildings.
(f) Any drive through service facility.
Site Development Standards.
(a) MJnirnum lot size: 16,000 square feet.
(b) MJnirnum lot width: 100 feet.
(c) Maximum lot coverage: 45% of total lot area.
(d) Maximum floor density
I) Residential component: 25 dwelling units per gross acre.
2) Non-residential component: 2.0 Floor Area Ratio.
(e) Maximum Height: 4 stories or 50 feet.
(f) Setbacks.
i) Front: 25 feet.
ii) Side: There is no side yard setback required for a plot not
adjacent to a street or alley, or where such setback is necessary to
provide light and air to residential units. In such cases a side yard
sytback of20 feet in depth is required.
ill) Rear: There is no rear yard setback required for a plot
not adjacent to a street or alley, or where such setback is
necessary to provide light and air to residential units. In such
cases a rear yard setback of20 feet in depth is required.
iv) BetWeen buildings: No minimum building separation
distance is normally required, except where necessary to provide
light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
(g) MJnirnum Floor Areas. The minimum floor area not including
garage or unairconditioned areas shall be as follows:
Multiple fàmi1y dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet. .
Two bedroom unit: 1050 square feet.
For each additional bedroom in excess of tWo add ISO
square feet.
Land De..lopment Regnlation,
City of '\'>en'nu. Florida
p.", 7-30
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705.2.7
705.2.8
Efficiency units shall not exceed 40% of the total number of
residential units witilln a building.
(h) Required Open Space. A minimum of35% ofthe total lot area of
the site shall be provided as common open space available for use
by all residents; of this common open space a minimum of one-
half shall be unencumbered with any structure (except for play
equipment for children and associated mounting, fencing and
furniture) and shall be landscaped with grass and vegetation
approved in a landscape plan. The remaining one-half may be
used for recreational fàcilities, amenities, pedestrian walles,
entrance landscaping and features (not including gatehouses and
associated vehicle waiting areas), or maintenance fàcilities.
Accessibilitv. All residential units shall be accessible to the outside via
a direct exit or an entry lobby that does not require residents to pass
through a leasable commercial space.
Allocation of Interior Space. Retail stores, personal services, banks
and financial services, indoor commercial recreation uses, restaurants
and coffee houses, schools, nursery schools and child care centers are
allowed only on the ground floor of mixed-use buildings. Offices and
medical offices are allowed only on the ground and second floors.
Residential uses are allowed only on the second or higher floors.
Garbage Containers. All garbage or trash containers, oil tanks and
bottle gas tanks must be placed in walled-in areas so that they shall
not be visible ÍÌ'om adjoining properties.
Land Doyolopmon' Rngulation.
Ci'y or "yontura, Floridn
Pape 7-31
Section 706 Industrial Zoning District
706.!
~. The industrial district is intended to provide for light industrial
development in conformance with the Comprehensive Plan and allow for a
variety of uses to accommodate the City's industrial and commerce needs. This
zoning district may be applied to land designated Industrial and Office on the
City's Future Land Use Map. However, the uses within this district sball be
consistent with, but may be more restrictive than, the Industrial and Office Land
Use Plan category pennitted uses.
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706.2
Light Industrial District eM!). The following regulations sball apply to the M!
district:
706.2.2
Puroose of District. This district is intended for the development of
nonpolluting light industry and to provide a suitable area for uses
related to the design, construction, repail', or sales of marine vessels,
businesses serving the needs of clients, customers or visitors to such
fucilities; and fucilities to promote and increase the understanding of
marine architecture, design, research and construction. -
706.2.3
Uses Permitted- No building or structure, or part thereot; shall be
erected, ahered or used, or land used in whole or part for other than
one or more of the following specific uses provided the requirements
set forth elsewhere in this section are satisfied:
(a) Fabrication and construction of ships and boats.
(b) Repail' and modification of ships and boats.
(c) Manufucturing and repail' of equipment used in boats, ships and
other marine applications, including cabinets and other interior
woodwork; electronic equipment and navigational equipment and
tools. "
(d) Marine architects and designers.
(e) Retail sales of boats and ships, marine equipment and
accessories, including fishing equipment and tackle, but not
including the storage or sales of live bait.
(f) Marine warehouses.
(g) Retail uses which serve the district.
(h) Marine showrooms.
(i) Self service storagefucility.
G) Warehousing including crating, packing and shipping.
(1<) Manuiàcturing research and development business limited to
buildings of twenty-five thousand (25,000) square feet or less in
area per lot.
(I) Office uses which serve or represent any primary industrial use in
the district.
(m)All uses pennitted in the CF district.
Land De.,lo,menl Regulation.
C;" .
717
706.2.4
706.2.5
(N) Dry and wet boat storage.
Conditional Use. The following uses, if first approved as a
Conditional Use:
Stores for the sale or rent of new or used merchandise,
conducted solely within a building, whether or not to the ultimate
consumer.
Office buildings.
The sale, rental, service and storage of motor vehicles.
Restaurants and pubs.
Health club or spa and physical fitness facilities.
. All uses permitted in the OP district.
All uses permitted in the U district.
All uses permitted in the ROS district.
All uses permitted in the CF district.
Daycare centers.
Museums
Schools and educational fàcilities
. Marinas
Accessorv Uses Permitted. Permitted incidental and accessory uses
shall include:
(1) Fabricators and constructors of ships and boats may operate
the following fàcilitieswhen located OIl, or adjacent to, their
primary fàcility. These uses shall open for business no earlier than
one hour before and close no later than one hour after the normal
business hours of the primary fàcility.
(a) Facilities to accommodate plant tours.
(b) Book, map and gift shops.
(c) Restaurants that do not sell alcoholic"beverages.
(d) Museums and instructional centers.
(e) Facilities to manufàcture, sell and distnoute souvenir clothing
and fushion accessories.
(2) Fabricators and constructors of ships and boats may operate
underground tanks for the storage and dispensing of gasoline,
diesel fuel and turbine kerosene, subject to existing Federal, State
or County fire and environmental standards.
(3) Manufacturing and fubrica1ion fàcilities are allowed one
dwelling unit per site for the exclusive residential use of a security
guard or plant manager, provided that the floor area of the dwelling
unit does not exceed ten (10) percent of the total floor area of the
fàcility.
Land DDvnlopmnn' R'gnlation,
Ci'r of ""Dntor", Florida
Page 7-33
706.2.6
706.2.7
Uses Prohibited. Except as specifically permitted in this division, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Foundry.
(b) Drop forging.
(c) Any Processing of animal products or disposal or incineration of
dead animals.
(d) Salvage yards, automobile crushing operations, storage of
automobiles or trucks for parts sales.
(e) Recycling or processing of construction and demolition debris,
materials recycling fucilities.
(f) Paint or varnish manufacture.
(g) Oil compounding or barreling.
(h) Die casting.
(i) Meat processing, slaughtering.
G) Fish smoking, curing and canning.
(k) Airport
(I) Bus storage or repair fucilities.
(m) Manufucture of asphalt, brick, tile, glues, cement, lime plaster,
concrete or products thereot; acids, carbon, plastics,
disinfectants, poison, insecticides and batteries.
(n) Open air storage in bulk of asphalt, brick, building materials,
butane, cement, clay products, concrete products, contractors
equipment, fuel, gravel, hay, grease, lime, plaster, pipe, lumber,
machinery, roofing, sand, stone, tar or creosoted products,
timber or wood.
(0) Institution for the housing of sick, indigent, aged or minor
persons.
(P) Hotels and motels
(q) Manufucturing and/or storage ofexploS'ives.
(r) Bars and cocktail lounges.
(s) Mortuaries.
(t) Any use not specifically permitted.
(u) Open air display, sale or storage of merchandise, materials or
equipment, or any service or process performed outdoors unless
enclosed by a masonry wall not less than six (6) feet in height.
(v) Pulp or paper mills.
(w) Adult entertainment.
Limitations Of Uses And Structures. All pennitted uses in this
district shall be conducted within a completely enclosed building
except as follows:
(a) Overhead doors or other openings larger than eight (8) feet in
width shall not be located on the immediate streetside elevations
of buildings. However, on comer and double ITontage lots said
Land D"6lopm,.' Rngulatioo.
Ci'r or Avanlnn. Florid.
P"oP ;-l4
706.2.8
706.2.9
doors shall be permitted behind a 6 foot decorative masonry wall
with doors ITonting properties of like zoning. If oriented toward
contiguous residentially zoned Jand said opening shall be
screened in accordance with the requirements contained in this
Code.
(b) Building mcades facing roadways shall be designed to appear to
be the ITonts of buildings. TIús provision shall apply to corner
and double-ITontage lots.
Site Development Standards.
(a) Minirmllll Lot Area and Width; The minimum size of plots shall
be fifteen thousand (15,000) square fèet and the width shall be
one Hundred (100) feet.
(b) Maximum Height: No building or structure shall be erected or
altered to a height exceeding three stories or forty five (4~9) feet,
whichever is less.
(c) Setbacks: Front -25 feet. No parking areas shall be located
within 30 feet of any residentially zoned property or within 10
feet of any street line.
Side Street - 15 feet.
Rear-15 feet.
Rear, ITom edge of water - 10 feet
Adjacent to any RS or RMF Districts - 30 feet.
(d) Floor Area Ratio and Lot Coverage: No restrictions except as
may be controlled by other ~cific requirements in this distiict.
(e) Minimum Open Space: 12% of the net lot area. Said Jandscaped
open space may include entrance features, passive recreational
uses and/or pedestrian walkways. TIús minimum requirement
may also include 50% of roof decks and other above-grade
surfaces which are provided and rnaintairted for the cornmon
benefit of all occupants of the building. Water bodies may be
used as part of the required Jandscaþed open space but such
water areas shall not be credited for more than twenty (20)
percent of the required open space. Any site which abuts a
residentially zoned or developed property shall provide 15% of
the net lot area as Jandscaped open space.
Performance Standards.
(a) No building or structure, or part thereot; shall be erected or used,
in whole or in part, in -any manner that is obnoxious,
objectionable, a nuisance or abazard to adjoining properties, as it
relates to sound, Vlòrations, odors, glare, rndioactive materials,
smoke and particular matters.
(b) All necessary exterior lighting on the plot shall be installed as not
to cause any nuisance to adjoining areas..
(c) There shall be no open outside storage of materials, supplies,
products, equipment or machinery or marine vehicles, except
Land D...lopmnn' Rngulation.
City of A..nOnu, Florida
Page 7-35
automotive vehicles, unless area used for such outside storage is
effectively screened .from the direct view at ground level from
any street or from adjacent property. Said screening shall form a
complete opaque screen up to eight feet in vertical height. Said
screening may include fencing up to a height of eight (8) feet,
provided that said fence is surrounded by trees and/or hedges of
a height not less than three (3) feet at time of planting and
maintained at the height of the fence. Outdoor storage shall be
meant to include parking of all company owned and operated
vehicles \vith the exception of passenger vehicles. No storage
shall be permitted between a 1Ì"ontage street and the building line
unless behind a 6 foot decorative masonry wall. Such wall shall
be constructed a minimum of five feet 1Ì"om the property line and
densely landscaped in the required 5 foot strip.
(d) Fuel storage tanks may be above ground for emergency
generators if fully screened by a masonry or concrete wall,
finished in a manner consistent \vith the structure and landscaped
with a continuous hedge and trees on each elevation of the wall.
All other fuel tanks, regardless of type will be located
underground. There will be no bulk storage of any fuels-
permitted other than fuels stored for the purpose of servicing
vehicles used in the regular course of business and for back-up
generator day tanks.
(e) All improved Jand shall be well graded and 1Ì"ee 1Ì"om underbrush
and objectionable plant growtIL All unimproved land shall be
kept 1Ì"ee of debris and shall not be used for storage of any
materials. The road right of way landscaped areas shall be
mowed at least every two weeks by the adjoining property
owner.
(f) All property shall be kept 1Ì"ee 1Ì"om rubbish or debris. All
buildings shall be kept pamted and protected from deterioration
and shall not be permitted to become dilapidated.
(g) All driveways, walkways, parking areas, storage and loading
areas of developed property shall be well graded and surfuced
\vith at least asphahic concrete or other equivalent hard, dustless
materials.
(h) The nature of any light industrial use shall not be dangerous
to the comfort, peace, enjoyment, health or safety of the
cornmUIÙty or the abutting areas or create a disturbance or
annoyance.
Land Davnlo,mnn' Rngulation.
Ci'y of Aventora, Flodda
Paoe 7-36
Section 707 Community Facilities Zoning District
~. The Community Facilities (CF) District is intended for those uses of
institutional character such as houses of worship, schools, government and
cultural buildings, public facilities, hospitals and parks and other facilities, which
generally benefit the community. This zoning district may be applied to land
designated Residential, Parks and Recreation, Town Center, Business and
Office, Industrial and Office on the City's Future Land Use Map.
707.1
707.1.1
707.1.2
707.1.3
707.1.4
Uses Pennitted. No building or structure, or part thereot; shall be
erected, altered or used, or ]and used in whole or part for other than
one or more of the following specific uses:
(a) Parks.
(b) Schools.
(c) Educational or vocational institutes.
(d) Churches or synagogues and other houses of worship.
(e) Libraries.
(f) CuIt1,tral, civic and community centers.
(g) Municipal Government, administration, services and maintenance
fucilities.
(h) Police and fire protection facilities.
(i) Uses generally accessory to the above principal uses.
Conditional Use. The following uses iffirst approved as a Conditional
Use:
. Governmentally sponsored or subsidized residentjaJfcare facilities
for the aged and/or handicapped, mming homes, convalescent
homes, and congregate care fucilities.
. Hospitals and clinics.
. Non - municipal governmental fuciJities and buildings.
. Private futtemal, civic, charitable, profešsional or educational non
- profit organizations.
. Federal DOst office.
. ALF.
Uses Prom'bited. Except as specifically pennitted in this division, the
following uses are expressly prohibited as either principal or
accessory uses:
(a) Residential uses.
(b) Retail uses.
(c) Aduh entertainment uses.
(d) Industrial uses.
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum size of plots shall
be twenty thousand (20,000) square feet and the minimum width
Land Do,olopmon' R,gulatioo.
CiOy of "..n'nn, Florid.
Page 7-37
sball be one Hundred (100) feet.
(b) MaximlUll Height: No building or structure sball be erected or
altered to a height exceeding ten stories or 120 feet, whichever is
less.
(c) Setbacks: Front -25 feet. No parking areas sball be located
within 30 feet of any residentially zoned property or within 10
feet of any street line.
Side Street - 30 feet.
Rear -20 feet.
Rear, fÌ"om edge of water - 10 feet.
Adjacent to any RS or RMF Districts - 30 feet.
Land D"elopme.' Regulation.
City of _hndun, Florid.
p. > 7-' .
Section 708 Recreation/Open Space Zoning District
~. The Recreation Open Space (ROS) District is intended to provide for
the recreation and open space needs of the City. The uses within this district
shall be consistent with the Parks and Recreation Future Land Use Map category
permitted uses. This zoning district may be applied to land designated Recreation
and Open Space, Residential and lor To'.Yll Center on the City's Future Land
Use Map. Because of the nature of uses involved and the variety of
ammgements of uses and facilities, general regulations for plot size, yards,
setbacks and height must be adequate for any location at which an ROS district
may be established.
708.1
708.1.1
708.1.2
704.5.4
Uses Permitted. No building or structure, or part thereof; shall be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a) Open space and passive recreational areas.
(b) Golfcourse.
(c) Boat ramps and docks.
(d) Outdoor cultural, educational and civic tàcilities.
(e) Parks.
(f) Waterways.
(g) Uses accessory to any of the above uses when located on the
same plot.
Uses Prohibited. Except as specifically pennitted in this division, the
following uses are expressly prolnòited as either principal or
accessory uses:
(a) Any business or commercial use except when meeting the
requirements of an accessory use.
(b) Any industrial or manufacturing use.
(c) Drive in theater.
(e) Residential uses.
(e) Adult entertainment uses.
Site Development Standards.
(a) Minimum Lot Area and Width: The minimum size of plots shall
be ten thousand (10,000) square feet and the minimum width
shall be one Hundred (100) feet.
(b) Maximum Height: No building or structure shall be erected or
ahered to a height exceeding five stories or 60 feet, whichever is
less.
(c) Setbacks: All 25 feet. Adjacent to any trafficway 75 feet.
Land D.,.lopm." R'gulation.
City of Mnnlura, Florida
Page 7-39
Section 709 Utilities Zoning District
~. The Utilities District (U) is intended to provide for all public utility
uses. This zoning district may be applied to land designated Industrial and Office,
Residential or Business and Office on the City's Future Land Use Map.
709.1
709.1.1
709.1.2
709.1.3
Uses Pennitted. No building or structure, or part thereo( shall be
erected, altered or used, or land used in whole or part for other than
one or more of the following specific uses:
(a) Water and wastewater pwnping stations.
(b) WeIl:fields.
( c) Electrical utility substations.
(d) Public utilities.
(e) Communication fàcilities.
(1) Railroads.
(g) All uses pennitted in ROS district.
(Ii) Uses accessory to any of the above uses when located on the
same plot.
Conditional Use. The following uses iffirst approved as a Conditional
Use:
. Solid waste disposal, transfer or recycling fàcility.
. Power plants.
. Waste transfer station.
. Water and wastewater plants.
. Telecommunications towers or transmission fàcilities.
Site Development Standards.
(a) Minimwn Lot Area and Width: The minimwn size of plots shall
be ten thousand (10,000) square feet and the minimwn width
shall be one Hundred (100) feet.
(b) Maximwn Height: No building or structure shall be erected or
altered to a height exceeding seven stories or 80 feet, whichever
is less.
(c) Setbacks: All 25 feet. Adjacent to any trafficway 75 feet. No
parking areas shall be located within 20 feet of any residentially
zoned property or within 10 feet of any street line.
Land D.,.lopmn.' R.gnlation.
Ci'y of A..n""'. Florida
~ 1
Section 710. Specific Use Regulations.
The specific conditions set out below shall be applied to each proposed use during
conditional use and site plan review.
710.1
Automobile and Light Truck. New Sales Agencv or Rental. shall be pennitted
only upon approval after public hearing in any business or industrial zoning
district and subject to the following conditions:
(a) That a continuous, densely planted greenbelt of not less than
fifteen (15) feet in width, penetrated only at points approved by the
Community Development Director for ingress or egress to the
property, shall be provided along all property lines abutting public
rights-of-way or properties zoned residential. Said greenbelt shall
have shade trees planted at a maximum spacing of thirty (30) feet on
center. The shade trees shall have a minimllill caliper of two and one-
baIf(2112) inches at time ofplanting.
(b) That a decorative masonry wall at least five (5) feet in height shall
enclose the vehicle storage area and repair area, approved through
public hearing. The placement of said wall, and openings through
same shall comply with the requirements contained elsewhere in this
chapter.
(c) That all outdoor paging or speaker systems are expressly
prohibited.
(d) That no repair work of any type is pennitted on premises unless
approved after public hearing.
(e) That used vehicle sales shall be pennitted as an accessory use
provi<ling said vehicles are in good cohditio!], late model and
operable.
(f) All outdoor display areas and visitor parking areas shall be clearly
designated on an approved site plan. All parking and display areas
shall be paved and striped. Required yards, bufferyards, landscaping
and open space shall be protected by non-mountable curbing. Visitor
parking shall be provided at the rate provided for in the Parking and
Loading Requirements. Merchandise shall not be displayed ~
any required yard or bufferyard.
710.2
Bottle Club. Any bottle club as defined by Florida Statutes, Chapter 561, shall
be required to obtain Conditional Use approval
710.3
Child or Adult Care Centers. Child or adult care centers shall be required to
provide a designated drop-off and pick-up area which is not part of the
Land Do.olopm'n' RngulatioD'
Ci'r of "'..nrnr... Florida
Page 7-41
710.4
710.5
710.6
710.7
710.8
710.9
710.10
710)1
710,12
permanent parking for the site. All required play areas shall be grassed or
mulched. Paved areas shall be not be considered as play areas. Outdoor play
areas shall be fenced and screened ITom trafficways and adjacent properties.
Drive-thru Windows. All uses which provide drive-thru service shall meet the
design requirements contained in the Parking and Loading Requirements.
Group Homes. The establishment of group homes shall be as regulated in
Chapter 419 Florida Statutes A proposed group home of six (6) or fewer
residents within 1,000 feet of an existing group home shall be required to obtain
conditional use approval
Multi-Familv Residential. Multi-fàmily residential projects shall be under the
unified control of a single person, as defiBed iR the LDR, homeowners
association or condominium association.
Outdoor Sales. All sales, service and storage shall be conducted in a completely
enclosed building except where specifically pennitted. No permanent outdoor
sales sha1l be pennitted within any public or private right-ot:way, required
parking or traffic circuJation area, fire lane, any landscape area or within a.
sidewalk.
Outdoor Storage. All businesses which store materia1s, work in progress,
finished products, machinery or equipment outside of an enclosed building shall
be required to obtain conditional use approval unless otherwise specified in these
regulations. TIlls reguJation shall not apply to cars or trucks used in the norma!
course of business parked overnight in designated parking areas. All outdoor
storage shall be indicated on a site plan and buffered ITom adjacent properties by
the required bufferyard of this code with the addition of a finished concrete walL
Rehabilitation Centers. No Rehabilitation Center sha1l be established within
1,500 feet of an existing Rehabilitation Center, as measured ITom the edge of the
parcel containing the existing fucility.
Utilitv Substations. All non-municipal utility fucilities shall be required to obtain
conditional use approval, unless otherwise specified in these regulations, prior to
a building pennit being issued.
Warehouse - Self Storage. A warehouse - self storage fucility shall not be
pennitted to contain businesses which require an. occupational license for the
premises. No wholesale or retail. sales are permitted. "Self-service storage
fucility" shall be defined as a fully enclosed space used for warehousing which
contains individual storage units with floor area no greater than four hundred
(400) square feet and an interior height not to exceed twelve (12) feet.
Wetland Mitigation Banks. Wetland rnÏtigation banks shall be a permitted use in
land designated Water or Parks and Recreation on the Future Land Use Map.
Land D"elopme.' R,gulatioo.
CUr of ",e.ton, Florida
p. 'e 7-42
On site mitigation for a development project is a permitted use.
Land Dnvelopmen' Regulation.
City or ,;",nlun, Flodda
Page 7-43
Chapter 8: OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Section 801. Off-Street Parking and Loading Standards.
801.1
GeneraL Every building, use or structure, instituted or erected after the effective
date of this chapter shall be provided with off-street parking fàcilities in
accordance with the provisions of this section for the use of occupants,
employees, visitors or patrons. Such off-street parking fàcilities shall be
maintained and continued as an accessory use as long as the main use is
continued.
801.1.1
Existirw: Buildings. Where a building existed at the effective date of
this article such building may be modernized, altered or repaired,
provided there is no increase in floor area or capacity and there is no
change of occupancy, without providing the total number of required
parking spaces.
Where a building or use, which existed at the effective date of this
article is enlarged in floor area, volume, capacity or space occupied,
off-street parking fàcilities as specified herein shall be provided for the
additional floor area, volume, capacity or space so created or so
occupied.
Where a building or use which existed at the effective date of this
chapter is changed in use or occupancy, additional off-street parking
fàcilities shall be provided to the extent that the off-street parking
required by this section for the new use or occupancy exceeds the off
street parking which would have been required for the previous use
or occupancy had the reguJations of this section been applicable
thereto. For the purposes of this section a change of use or
occupancy shall mean a change from one category of off-street
parking requirements to another such category.
It shall be unlawful for an owner or operator of any building,
structure or use affected by this section to discontinue, change or
dispense with, or to cause the discontinuance or reduction of the
required parking fàcilities apart from the discontinuance, sale or
transfer of such structure or use, without establishing alternative
vehicle parking fàcilities which meet the requirements of this section.
It shall be unlawful for any person to utilize such building, structure
or use without providing the off-street parking fàcilities to meet the
requirements of and be in compliance with this article.
801.1.2
Proximitv of Off-Street Parking. Required off-street parking spaces
shall be located on the same parcel they are intended to serve. As an
alternative, they may be located on a separate parcel not more than
300 feet from the use they are intended to serve provided the owner
Land D."lopm'n' Rngulatioo.
City of .henlara, Florida
Page 8-1
801.1.3
801.1.4
801.1.5
of said parking areas shall enter into a written agreement with the
City of whereby the land providing the parking area shall be joined
with the primary site and shall not be sold or disposed of except in
conjunction with the sale of the building the parking area serves SO
long as these parking fàcilities are required. Said agreement shall be
recorded at the expense of the owner and shall run with the land and
shall bind the heirs, successors, and assigns of said owner. Said
agreement may be yoided by the City Manager. In approving off-site
parking, the City Manager must find that the off-site parking fàcility is
reasonably located in relation to the use it is intended to serve, based
upon such fàctors as the type of fàcility, likely purpose of the trip to
the fàcility, distance fi:om the use intended to be served, and any
physical barriers which must be crossed to reach the use to be served.
Parking spaces backing into a main drive aisle adjacent to the fi:ont of
buildings shall be discouraged.
Parking Plan Required. A parking plan shall be provided with all
applications for development approval which shall clearly and
accurately designate the required parking spaces, required landscaped
areas and planter islands, access aisles and driveways and the -
relationship of the parking to the uses or structures the spaces are
intended to serve-
Required Handicapped Spaces. Parking spaces for disabled persons
shall be provided in accordance with Chapter 553, Part V of the
Florida Statutes, as amended fi:om time to time.
Parking Spaces For Persons Transporting Young Children And
Strollers. Parking spaces specifically designed for persons
transporting young children under the age of three (3) and strollers,
shall be encouraged for all uses other than single-fàmily, duplex or
townhouse.
(a) The following number of spaces are recommended:
Regular Stroller
Spaces Spaces
Up to 100:
101 to 500
SOl to 1,000
Over 1,000
I
2
3
One (I) additional space for each 500
parking spaces over 1,000.
(b) Locatìon of parkÏrw: soaces- Such spaces should be located as
. closely as possible to parking spaces designated for the physically
handicapped and/or disabled persons; provided however, parking
spaces designated for the physically handicapped and/or disabled
Land De..lopment Regulation.
City of Aycn""e, Florida
Page 8-2
801.1.6
persons must take precedence. Where no parking spaces
designated for the physically handicapped and/or disabled
persons have been provided, parking spaces for persons
transporting young children and strollers should be located on the
shortest accessible route of travel fi:om adjacent parking to an
accessible entrance.
(c) Si¡mage and markings. All parking spaces for persons
transporting young children and strollers should be prominentJy
outlined with green paint and posted with an approved
permanent above-ground sign which sball conform to the figure
entitled "Baby Stroller Parking Sign". The bottom of the sign
must be at least five (5) feet above grade when attached to a
building, or seven (7) feet above grade for a detached sign.
Size and Character or Required Parking. The following design
requirements shall be observed for off- street parking:
(a) Size: Parking Stalls Each parking space required and provided -
pursuant to the provisions of this article shall be not less than nine
(9) feet in width and eighteen (18) feet in length. See figure 801-
2.
(b) Size: Enclosed Garage Areas. All one car garages sball provide a
single parking space of 9' X 18' fi:ee fi:om all obstructions. All
two car garages shall provide two parking spaces consisting of an
18' X 18' unobstructed space.
(c) Striping. All parking spaces shall be divided with painted double
lines except for single fàmiJy homes, =0 lot line developments,
townhouses and duplexes where the parking spaces are on a
single family site or as otherwise permitted in this chapter. See
figure 80l-2.
(d) Accessibility. In all zoning districts, the width of access aisles and
driveways shall be substantially in conformance with the
standards set forth in Figure 801-1. Every space shall be
accessible without driving over or through another parking space.
Parking stalls abutting the same continuous drive aisle shall have
the same angle and orientation. Drive aisles shal1 be one-way
only which are less than twenty-four (24) fèet wide or which abut
parking stalls with angles less than ninety (90) degrees. Parking
stall angles and drive aisle direction of flow may change only
when the drive aisle is interrupted by a circulation drive or
structure.
Land D..nlopmen' Regulation.
Cilr of A"DInU F]orida
. 1
),IINIMUM SPACE REQUIREMENTS
AT
VARIOUS PARKING ANGLES FOR SELF-PARKING FACILITIE::
"K "13" "r::- "D" or "F"
PARKING PARKING STALL AISLE CURB
Hrol.E 1illITH ~ JmITH l.ElliITJj J2YE&I.L
.:.s;¡' .u¡: ..1.§..Æ J¡Æ llÆ .!jÆ
45 ' .M: .U!.JL 13.0' 1.L2: 51,0'
.§SJ.' .M: .zJh!.: .u&: 1.Q.£ .a.z.:
J1.Q ' .u!: .laÆ ~ j Æ .§.Q...Q.:
I '
F
..\
Figure 801 - 1
Land D..elopmen' Rngulatioo.
Ci'r of A.nolnra, Flodd.
Page 8-4
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Figure 801- 2
Land Development Regulations
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801.1.7
801. 1.8
(e) Composition: Driveways in "RS" zoning districts shall be
surfaced with concrete. Except where specified above, parking
facilities, including access aisles and driveways, shall be surfuced
with brick, asphalt or concrete surfàcing maintained in a smooth,
well-graded conditioll
(t) Drainage: All off-street parking fàcilities shall be drained so as not
to cause any nuisances on adjacent or public property. Such
drainage tàcilities sball be arranged for convenient access and
safety of pedestrians and vehicles in accordance with standards
set forth in these regulations.
(g) Curbing. The use of :6:eestanding wheel stops is prohibited in all
parking areas. All parking stalls sball be :6:onted with a continuous
Type D or Type F concrete curbing between six (6) and nine (9)
inches high.
(h) Parking Lot Islands. The islands formed by the interior of
continuous curbing must be landscaped in accordance with the
provisions of this Code. Islands with impervious surfuces are
proln1>ited, although the location of sidewalks inside of islands is
allowable if an equal amount of landscaped surfàce is provided.
Islands at the :6:ont of parking spaces must allow a clear zone of
twenty (20) inches to allow for bumper overhang. Lateral islands
separating parking spaces must be provided at least every nine (9)
spaces in width.
Parking Setback. The edge of all parking pavement and access roads
(not including driveway connections to a street) sball be set back a
minimum of ten (10) feet :6:om the right-of-way of all streets. This
setback distance sball be landscaped in €Onfonnance with these
regulations.
Landscaping of Off-Street Parking. Parking structures and surfàce
parking lots shall be landscaped in accordance with the provisions of
these regulations.
801.2
Amount Of Off Street Parking. The minimum number of parking spaces to be
provided and maintained for each use or occupancy sball be as follows:
801.2.1
Residential Single Familv Detached and Residential Duplex.:
(a) Garage spaces. Each dwelling unit is required to provide a
minimum of one (I) parking space in a fully enclosed, attached
private garage. Dwelling units with four (4) or more bedrooms
are required to provide a minimum of two (2) parking spaces in a
fully enclosed, private garage. Conversion of the garage into
L.d De..lopme.1 Regulation.
Ci'r of A..ntnn, Florida
Page 8-6
living area is prolnlJited.
(b) Exterior spaces. All dwelling units sball provide a minimum of
one (I) unenclosed parking space. Dwellings with three (3) or
more bedrooms shall provide two unenclosed parking spaces.
Parking spaces shall not be located so as to require a parked
vehicle to interfere with sidewaJk travel lines.
801.2.2
Residential Townhouse.
(a) Garage spaces. Each dwelling unit is required to provide a
minimum of one (I) parking space in a ful1y enclosed, attached
private garage. Conversion of the garage into living area is
prolnlJited.
(b) Exterior Spaces. Each dwelling unit shall provide a minimum of
one (1) unenclosed parking space. Dwelling units with four (4) or
. more bedrooms shall provide two (2) unenclosed parking spaces.
Parking spaces shall not be located so as to require a parked
vehicle to interfere with sidewaJk travel lines.
801.2.3 Residential Multi-Fami1v.
(a) One and one-half (1 112) UIlendesed parking spaces shall be
provided for each efficiency unit or one (1) bedroom unit.
(b) Two (2) unenclosed parking spaces shall be provided for each
unit with two (2) or more bedrooms or one bedroom unit with
den or study.
(c) In addition to the above, multiple-family buildings of over thirty-
five (35) feet in height or with more than twenty (20) dwelling
units shall be required to provide supplemental guest parking
space equal to a minimum of five perGent (5%) of the spaces
otherwise required.
801.2.4 Other Residential Buildings
(a) Donnitories, :fi:aternities: One (I) parking space for each bed.
(b) Hotels and motels, including clubs: One (1) parking space for
each sleeping room. It; in addition to sleeping rooms, there are
other uses operated in conjunction with and/or as part of the
hoteVmote~ additional off-street parking spaces shall be provided
for such other uses as would be required by this section if such
uses were separate ITom the hoteVmotel to the extent of:
(1) Thirty-five percent (35%) of the required off-street parking
for retail stores, offices, services, establishments, bars,
restaurants, dining rooms, night clubs or cabarets.
(2) Fifty percent (50%) of the required off-street parking for
Land Do,olopmont R,gnlation.
~Hy of A" .. FJo ".
p~- 0 7
conference fucilities, ballrooms, banquet halls, meeting
rooms or auditoriums.
(c) Housing for elderly requiring little or no special care, including
retirement communities or adult retirement communities: one aM
ooe-haIf-(I~) parking space for each dwelling unit plus one (1)
space for each employee on the day shift.
(d) Hoùsing for elderly or others requiring moderate special care,
including adult congregate living facilities, assisted living
tàcilities, extended care tàcilities and long-term care facilities:
three qærtem one half (0.15) of one space per bed plus one (I)
space for each employee on the day shift.
(e) Housing for the elderly or others requiring extensive special care,
including nursing homes and hospices: one-half (0.5) parking
space per bed and one (I) parking space per employee on day
shift.
(f) Integrated living facilities for the elderly incorporating multiple
care environments, including continuing care retirement
communities: parking requirements to be calculated fiom
individual components based on (c) through (e) above.
801.2.5
Non-residential: Amusement and recreational fucilities.
Amusement center, general
Arenas and stadiums
Baseball/softball diamonds
Auditorium
Batting cages
Billiard/pool center
Bowling center
ì
l'
Cinema/movie theatre
Community Centers
(nongovernmental)
Courts, outdoor (tennis
handball, racquetball, etc.)
Dance ball
.,
L.
I'
1:
"
It
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11.
Dance school
Golf course
1 s¡Jaee per 4 seats er 1 space per 200 square
feet GF A, 'o'fflwhever is greater.
1 space per 4 seats or 1 space per 200 square
feet GF A, whi£hever is greater.
2~ spaces per diamond.
I space per 4 seats 0; I space per 200 square
feet GF A, whichever is greater.
2 spaces per cage.
1 space per 150 square feet GFA .
4 spaces per lane, plus any restaurant, lounge
and retail component.
1 space per :I ;; seats.
1 space per;wG 250 square feet GF A.
J 4 spaces per court.
I space per 4 seats or I space per 200 square
feet GFA, whichever is greater.
I space per 200 square feet GF A
:I & spaces per hole, plus driving range and
clubhouse fàcilities (retail, restaurant, etc.)
Land D,vnlopmnn' Rogulntioo.
CHy of Avnn""" Flo,¡da
Page 8-8
Golf driving range
. Indoor court facility
Marinas, commercial
Miniature golf course
Theatre, live performance
Swimming poo~ commercial
2 spaces per tee statioIL
:! ~ spaces per court, plus spa, restaurant,
lounge or retaiL
5 spaces, plus I space pel' for each 2 slip2, plus
I space for each ~ lQ dry storage spaces, plus I
space for each ~ 350 square feet of indoor
display space of boats for sale, plus I space for
each 1500 square feet of outdoor display of
boats for sale, plus any retail or restaurant
space. For parking of cruise or charter
passengers, see "Non-residential:
Miscellaneous" subsectioIL
3 spaces per hole.
I space per 4 seats or 1 space per 200 square
feet GFA, whichever is greater.
I space per 50 square feet of water. plus retail,
spa, or restaurant
801.2.6 Non-residential: Community and educational facilities.
Community centers 1 space per ;!OO 250 square feet GF A.
Child or adult care íàcilities See: schools, nursery.
Day care fàcilities See: schools, nursery.
Fraternal buildings, lodges, 1 space per 100 square feet GFA.
union halls
Colleges and universities,
business and
professional schools
Government offices
Hospitals
Libraries
Museums
Post Offices
Sanitariums, orphanages,
homes for the infinn
Schools, elementary
Schools, middle
Schools, nursery
Schools, high
1 space per classroom plus 1 space adult
per student OR 1 space per 10 seats
of largest assembly room (if
applicable), whichever is larger.
1 space per 300 square feet GF A.
2 spaces per bed, plus outpatient medical clinic
and outpatient medical offices, if any.
1 space per 350 square-feet GFA.
1 space per 350 square feet GFA.
1 space per 100 square feet of public service
area plus 1 space per employee.
See: other residential buildings.
5 spaces plus 1 space per classroom OR 1
space per 10 seats of largest assembly room,
whichever is larger.
5 spaces plus 1 space per classroom pIæ--+
s¡Jaee fur eaeh 10 stOOents OR I space per 10
seats of largest assembly room, whichever is
larger.
5 spaces plus I per employee OR 1 space per
400 square feet GF A, whichever is larger.
10 spaces plus 1 space per classroom plus I
L...d Developmen' Regulatioo,
City or A.eDIu,., Flo'¡da
Page 8-9
801.2.7 Non-residential: Industrial manufucturing and warehousing uses.
Building supplies, sale of I space per 400 square feet GF A
Contractor shops (general, I space per 400 square feet GF A
electrical, pluming, roofing,
air conditioning)
Construction equipment, sales
or rental
School, vocational
Distribution terrninals
Manufàcturing
Marine supplies, wholesale
Medical supplies, wholesale
Research and testing
laboratories
Trucks, heavy: sales or rental
Self-storage warehouses
Warehouses
space for each 5 students OR 1 space per 10
seats of largest assembly room, whichever is
larger.
5 spaces plus I space per classroom plus I
space per student.
I space per 400 square feet GF A
plus I space per 1000 square feet
display or storage.
I space per 500 square feet GF A
I space per 800 square feet GF A.
I space per 400 500 square feet GF A.
I space per 400 500 square feet GF A.
I space per 500 square feet GF A.
outdoor
I space per 400 500 square feet G F A
plus I space per each 2000 square feet of
display or storage.
I space per ¥JOO 5000 square feet GF A plus I
space per 300 GFA for office plus 2 spaces for
living quarters.
I space per &00 1000 square feet GF A.
Non-residential: Offices. medical and urofessional.
(For office buildings over 150,000 square feet, see "Large Office
Buildings" subsection)
801.2.8
L
I
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I:
l'
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Business and professional
offices
Health institutions
Medical and dental offices
Medical and dental clinics
Research and testing
laboratories
Telemarketers
Travel agencies.
Veterinarians, animal hospitals
I space per:;W 300 square feet GF A.
I space per 300 square feet GF A.
I space per 300 square feet GF A.
1 space per 300 square feet GF A.
1 space per 500 square feet GF A.
1 space per 100 square feet GF A.
1 space per 300 square feet GF A.
1 space per 300 square feet GF A.
Large office buildings. A large office building must meet the
following criteria: 1) Contain a minimum of one hundred fifty
thousand (150,000) square feet of total gross floor area for the
building; 2) Restrict the ultimate occupancy of the building to a
801.2.9
Land D".lopmenl Regulation.
City of ""DIn", Florid.
Page 8-10
minimum of two thirds (2/3) office uses; 3) Exclude cinemas or
theatres.
a) One parking space for each three hundred (300) square feet of
eighty percent (80%) ofthe gross floor area, and
b) One parking space for each two hundred (200) square feet for
twelve and one-half percent (12.5%) of the gross floor area, and
c) One parking space for each seventy five (75) square feet for seven
and one half percent (7.5%) ofthe gross floor area.
In addition, a credit of ten percent (10%) of the total parking
requirement shall be deducted ITom the actual number of spaces
calculated in the above formula.
801.2.10
Non-residential: Restaurants. lounges and other food and drink
establishments.
(When located in shopping centers over 40,000 square feet, see also
"Shopping Centers" subsection)
Bars, beer gardens, cocktail
lounges, pubs, taverns,
nightclubs.
Cafeterias
Coffee and pastry store,
coffeehouses
Delicatessens I space per +W 200 square feet GF A.
Fast food restaurants I space per -ill 200 square feet GF A.
Ice cream parlor I space per +W 200 square feet GF A.
Restaurants, traditional I space per +W 200 square feet GF A.
Open air seating for restaurants and bars shall be calculated at fifty
percent of the square footage of the area. Open air seating is defined
as follows:
I space per 100 square feet GFA.
I space per -ill 200 square feet GFA.
I Space per +W 200 square feet GF A.
(a) Any seating area which is not air-conditioned wiÚ1eul: a heatÍflg
or eoolffig ar-ea, and
(b) Any seating area with or without a roof where a maximum of
two (2) sides are open or consist of a substantially nonrigid
material such as, but not limited to, canvas or screening.
801.2.11 Non-residential: Retail stores and personal services.
(For stores in shopping centers over 40,000 square feet, see
"Shopping Centers" subsection.)
Art galleries
Animal hospitals,
veterinarians
Auction galleries
I space per 350 square feet GFA.
see: offices and medical offices
1 space per 250 square feet GF A, or 1 space
Land Dn..lopm'n' R,gnlntioo.
CUr of ""."'a, Flodda
p. 00' 8-1J
Automatic teller machines
Automobile repair garages
Automobile rental
Automobile sales
Automobile service station
Automobile washes, hand
and automatic
Bakeries
Barber and beauty shops
Banks, other similar
financial institutions
Building and home repair
supplies.
Butcher shops
Carpet, tile and other floor
coverings retail stores
Convenience store
Dry cleaners and laundries,
take-in
Drugstores and pharmacies
Furniture stores
Funeral homes, mortuaries
Orocery stores
Hardware stores
Laundry, self service
Liquor store, package stores
Marine supplies
Service station
Swimming pool supplies
All other retail uses
per 3 seats in assembly or auditorium area,
whichever is larger.
6 spaces for first machine, 4 spaces (stand
alone) for each ad<litional machine.
3 spaces plus 41 spaces per service bay.
5 spaces, plus I space I space for each 25
parking spaces for vehicle inventory.
1 space per ;!OO 300 square feet of interior area
(not including service bays) plus I space for
each ~ 12 parking spaces for vehicle inventory
plus 4 spaces for each service bay.
3 spaces, plus 1 space per 200 square feet of
convenience store, including cashiering area,
plus 4 spaces per service or washing bay, plus 3
spaces per automatic teller machine, plus any
restaurant use.
I spooe per 200 5qlli!f'e fuet OFA
4 spaces plus 8 stacking spaces per line or
station.
I space per ;!OO 250 square feet OF A.
2 spaces per chair or I space per 150 square
feet OF A if not provided.
I space per 200 square feet OF A.,
plus 4 spaces per ATM
I space per 300 square feet OF A.
I space per -l-W 250 square feet OF A.
1 space per 500 square feet OF A.
I space per 200 square feet OF A.
1 space per -l-W 200 square feet OF A.
1 space per 200 square feet OF A
I space per 500 square feet OF A.
I spooe per 1 mEed scats in publie rooms, plus
1 spooe for eook 90 square fuet of publie spooe
ill multi PUIJ!ose roolÐ5 WÏtWHt mEed seats. 1
spaces per 1000 S.F. OF A.
1 space per -l-W 200 square feet OF A.
1 space per 300 square feet OF A.
0.75 spaces per each wash machine and clothes
dryer.
1 space per 150 square feet GFA.
I space per 300 square feet OF A.
See: automobile service station.
1 space per 300 square feet OF A.
I space per ;!OO 250 square feet OF A.
Land D."lopw,n' R,gulatioo.
Ci'r or A'.nm", Flodda
Page 8-12
801.2.12 Non-residential: Large Shopping Centers.
(a) Shopping centers over 40,000 square feet in gross floor area
may use the following generalized parking values:
1) One (1) parking space for each two hundred twenty-five (225)
square feet of gross floor area in shopping centers with less
than two hundred thousand (200,000) square feet of gross
leasable area.
2) One (1) parking space for each two hundred (200) square feet
of gross floor IeasaÐIe area in shopping centers with two
hundred thousand (200,000) square feet or more of gross
leasable area.
Shopping centers which have gross floor areas under two hundred
thousand (200,000) square feet may use the generalized parking
values only if no more than ten percent (10%) of gross leasable
area occupied by anyone or any combination of the following
uses:
Bars, Beer Gardens, Cafes, Cafeterias, Cocktail lounges,
Convenience stores, Night clubs, Restaurants, Taverns, Theaters.
At the discretion of the Community Development Director,
shopping centers utilizing the generalized parking values may be
required to enter into a covenant or other site plan restriction
mandating adherence to this requirement.
(b) Shopping centers may apply petitioB the City CoH1llli5sioll for
approval of shared parking. The petition for shared parking shall
include an independent parking study in a form acceptable to the
City, which includes but is not limited tQ, infonnation indicating
that the shopping center uses are such that a sufficient disparity in
peak demand for parking spaces exists to support the concept of
shared parking.
At the discretion of the Community Development Director,
shopping centers utilizing shared parking may be required to enter
into a covenant or other site plan restriction restricting the size,
mix or location of uses within the shopping center.
(c) Parking requirements for shopping centers not meeting these
criteria shall be calculated on a use by use basis.
801.2.13 Non-residential: Miscellaneous Uses.
(a) Places of worship: One (1) parking space per four seats in the
Land D...lopm,nt R.gnlatio..
City of A..nlnra, Florid.
p, 008-13
t
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largest assembly area. iDr eaeh fifty (50) square ICet of
auditoriam., chapel area and places of pablic asaembJj', not
ineillding the fu Ilo wiflg uses WRea accessory to the place of
wersfli¡r.
1) ~LlIlday School classrooms.
2) Offices.
^ place of warship whi€h iRelHdes llQa aecessary uses such as an
elementary school uffi'lersity or celicge, seIDar high school
middle scoool pabli£ or private seooal or aaøthcr use wBieh is
not aceessory to tRe place cf warship shall calculatc and compare
the aHffiÌJer of parking spa£Øs for the hol<lSe of warship per the
alxn'e formllia and tRe Iftlffioor of parkffig spaces for thc ather
non acceSSOI)' uses and provide the higher number of parking
spaees-.
(b) Parking for passengers of cruise boats, charter boats, water taxis
or ferries: One per seat capacity of boats served. Provision of
adeqæte parking fur tflcse uses mH5t be determiHed and provided
for prier to isSHaflCe of conditional: I<ISe ¡¡eemit. Parking
requirements faf these uses ',viii be detcIHlined tbraHgfl ¡¡arlling
studies conducted iR a fa£HJat acceptable to the Director and
undertak-ca at tRe CJqJense of appli£aat.
801.2.14 Calculating Reauired Parking Spaces:
(a) Uses not specifically mentioned: The requirements for off-street
parking for any unspecified uses not specifically listed in this
section shal1 be the same as provided in this section for the use
most similar to the one sought, as determined by the Carrununity
Deyelopment Department.
.
(b) Fractional spaces: When units or measurements detennining
number of required off-street parking spaces result in requirement
offtactional space, any such ftaction equal to or greater than one-
half (1/2) sha1l require a full off-street parking space.
(c) Mixed uses: In the case of mixed uses, the total requirements for
off-street parking shall be the sum of the requirements of the
various uses computed separately, and off-street parking space
faf one use shall not be considered as providing the required aff-
street parking for any other use. .
(d) Measurements:
1) For the purposes of this chapter, Gross Floor Area (GFA)
shall mean the floor area inside of the exterior walls
Land D"elopm,.' Regulation>
Ci'r of A"nlnn, Florida
Page 8-14
including elevators, stair wells, common corridors, trash
rooms, common lobbies, common rest rooms, meter rooms
and ancillary power equipment rooms.
2) For the purposes of this article, Net Floor Area (NFA) shall
mean the floor area inside of the exterior walls excluding
elevators, stair wells, common corridors, trash rooms,
common lobbies, common rest rooms, meter rooms,
ancillary power equipment. rooms, and all rooms with
ceilings less than six (6) feet high.
3) For the purposes of this article, Total Floor Area (TFA)
shall mean the same as Gross Floor Area.
4)
In hospitals, bassinets shall not count as beds.
5) In stadiums, sport arenas, places of worship and other places
of assembly in which occupants utilize benches, pews or
other similar seating facilities, each twenty (20) lineal inches
of such seating shall be counted as one (1) seat for the
purpose of computing off-street parking requirements.
6)
In outdoor display areas for vehicle sales or rental, only
areas designated for vehicle parking shall be measured.
Driveway aisles and landscaped medians are not intended to
be included in the measured area.
Use Of Permitted Facilities.
801.3.1 Permitted Use. Parking spaces approved in accordance with this
chapter may be used for the intermittent parking of licensed motor
vehicles of employees, occupants, owners, tenants or customers
utilizing the building or use served by said required parking space.
Supplemental parking (parking facilities provided but not required)
may be used for any purpose related to the use of the building it
serves, subject to the conditions hereinafter set forth. Parking may be
I.I5€d fur any J9UIpose related to the HSe ef the buiJding it serves,
subjeet te the eoooitioD5 hereinafter set forth.
801.3
801.3.2
Limitations On Use Of Required ParlånJ:! Facilities. The following
uses and activities shall not be permitted in required parking fàcilities:
(a) Parking to serve an off-site building unless in accordance with an
off-site parking agreement approved by the City in accordance
with this chapter.
(b) Storage, repair or display of any vehicles, equipment or
merchandise, except as may be approved by the City through a
Land Dnvolopmo" Rngulatio..
Ci'r of Avonlnra, Flo'¡da
Page 8-15
.
temporary use pennit.
(c) Parking of vehicle, which, due to its size, shape, contents or
location creates an obstruction, safety hazard or nuisance.
(d) Parking of vehicles outside of designated parking areas approved
on a site plan.
801.4
Off Street Loading.
808.4.1 General Provisions.: Adequate space for loading and wùoading of
materials, goods or things, and for delivery and shipping, shall be
provided and maintained on the same plot as the building which it
serves.
Where any structure is enIarged or any use is extended so that the size
of the resulting occupancy comes within the scope of this section, the
full amoWlt of off-street loading space shall be supplied and
maintained for the structure or use in its enlarged or extended size.
Where the use of <l structure or land or any part thereof is changed to
a use requiring an off-street loading space, such space shall be
supplied and maintained to comply with this section.
For the purposes of this section, an off-street loading space shall be
an area at the grade level at least ten (10) feet wide by twenty-five
(25) feet long with fourteen foot vertical clearance. Each off-street
loading space shall be directly accessible fÌ'om a street or alley without
crossing or entering any other required loading space, and sh<lll be
arranged for convenient and safe ingress and egress by motor
truck and/or trailer combination. Such loading space sh<lll also be
accessible fÌ'om the interior of any building it is intended to serve.
801.4.2
Specifications. The following minimum. conditions shall apply;
additional conditions may be imposed as part of a conditional use or
final site plan approval. Off-street loading spaces shall be provided
and maintained in accordance with the following schedule:
C ì
, ;
(a) For each retail store, storage warehouse, wholesale establishment,
industrial plant, fuctory, fÌ'eight temrina\, market, restaurant, fimeral
home, laundry, dry cleaning establishment or similar building or use
which has an aggregate gross floor area of:
I"
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I;
I'
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5,000 square feet to 25,000 square feet - 1 space
25,000 square feet to 60,000 square feet - 2 spaces
60,000 square feet to 120,000 square feet - 3 spaces
120,000 square feet to 200,000 square feet - 4 spaces
200,000 square feet to 290,000 square feet - 5 spaces
Plus for each additional 90,000 square feet over 290,000 square
Land D...lopm..' Rngul.tioo.
Ci'r 0/ ....,nlura, Florida
Page 8-16
feet or major craction thereof - I space
(b) Convenience store - I space
(c) For each multiple dwelling, hotel or motel which has a
number of dwelling or hoteVmotel units of:
I
25 to 50 units - I space
Over 50 to 200 units - 2 spaces
Over 200 units - 3 spaces
Such loading spaces shall not be located in the required ¡¡-ont yard.
(d) For each auditorium, convention hall, exhibition hall, museum,
hotel, office building, sports arena, stadium, hospital or similar use
which has an aggregate gross floor area of:
Over 20,000 square feet but not over 40,000 square feet - I
space. Plus for each additional 60,000 square feet over 40,000
square feet or major craction thereof. - I space The loading
requirements for any unspecified use shall be that which is -
required for similar specified uses.
(e) Off-street loading facilities supplied to meet the needs of one
use shall not be considered as meeting off-street loading needs of
any other use,
'/
(f) No area or facilities supplied to meet the required off-street
parking facilities for a use shall be for, or be deemed to meet, the
requirements of this section for off-street loading facilities.
(g) Nothing in this section shall prevent the collective, joint or
combined provision of off-Street loading {acilities for two (2) or
more buildings or uses, provided that such off-street loading
ìàcilities are equal in size and capacity to the combined
requirements of the several buildings or uses and arranged as to be
usable thereby.
(h) Plans for buildings or uses requiring off-street loading facilities
under the provisions of this section shall clearly indicate the
location, dimensions, clearances and access of all such required
off-street loading facilities.
801.5
Drive-Through Service WIIldows. Businesses that provide a drive-through
service are required to provide a drive-through service lane or lanes, whether for
stacking or queuing, as separate and distinct lanes ¡¡-om the circulation lanes
necessary for entering or exiting the property. Each drive-through lane shall be
separated crom other on-site lanes. Each such drive-through lane shall be curbed
Land D...lopm." Rngalation.
Ci"" ,-
FJ 'd.
. 17
striped, marked or otherwise distinctly delineated. A separate and distinct escape
lane shall be provided. Neither a lane otherwise aecessary fur site "irealation nor
A public street or alley shall not be counted as an escape lane. Drive-through
lanes and escape lanes shall not conflict, or otherwise hamper access, to or ITom
any parking space. Pedestrian walkways shall be clearly separated ITom drive-
through lanes.
Specifications. Staclång spaces necessary for the provisions of
drive-through lanes shall be detennined using the following table.
Stacking area shall be provided at the first required stopping area,
such as the ordering board of a restaurant. If a second stopping
area is required, such as a delivery and cashiering window,
auxiliary staclång area shall be provided in the indicated amounts.
801.5.1
Type afFacility
Automatic Teller
Machine
Bank
Car Wash
as accessory use
Gatehouse
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Laundry, Dry
Cleaners
Phannacies
Restaurant
Video rental
Primary Slacking
4 per service lane
4 per service lane
4 per service lane
3 per service lane
2 per resident lane
S per visitor lane
2 per service lane
3 per service lane
6 per service lane
S per service lane
Auxiliary Slacking
1 per service lane
1 per service lane
2 per service lane
1 per service lane
1 per service lane
1 per service lane
2 per service lane
1 per service lane
Vale! ParkiС:. ,,~' valet p8f"kÍR¡; reqWriÐg a fce, donation or gratuity shall Ret be
"redited teward¡; off street J38f"kiHg reqWr<)m.effis. ".ny valet parking spaces
credited towards eff street parkiHg requirement" shaJI be le"ated fàr'.her ÍÌ"om
building eOO( fl£es than all self service parkiRg spaces.
801.6
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Land D...lop."nl R'gul.tio..
Ci'y of A..nlnn, Florida
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Page 8-18
Section 802. Driveway Standards.
802.1
802.2
802.3
802.4
Design. Driveway locations, cross-sections and grades shall be installed in
accordm1ce with this Section, approved engineering plans, and the South Florida
Building Code as amended ITom time to time. Driveway access to the street
system shall be according to the Subdivision Design Standards, Street Layout
contained in these regulations.
Intersection with Streets. Driveways for residential lots shall not encroach into
the street comer radius of two intersecting streets, or be closer than twenty five
(25) feet to the intersection of extended right-of-way lines. Driveways for multi-
family and non-residential parking lots shall not intersect a street comer radius,
or be closer than fifty (50) feet to the intersection of extended right-of-way lines.
Separation Between Driveways.
802.3 .I
Residential Lots. Driveways for single family residential lots shall be
separated by a minimum often (10) feet.
802.3.2
Multi-Family and Non-Residential Parcels. Driveways for multi- .
family residential parcels and non-residential parcels on collector
roads shall be separated by no less than one-hundred-fifty (150) feet
of landscaped ITontage. Driveways for multi-family residential parcels
and non-residential parcels on arterial roads shall be separated by no
less than three-hundred-thirty (330) feet of landscaped ITontage.
Maximum Width. The maximum width of any driveway measured at the right-
of-way line shall not exceed the following:
(a)
Single Family and Duplex Residential- Twenty (20) feet in width for
straight driveways. Circular driveways may be pennitted with a total
of thirty (30) feet in width, with no portion of the driveway being
wider than 20 feet at the right - of - way line.
(b)
Multifumi1v Residential -- Thirty-six (36) feet in width per driveway,
except that driveways containing a curbed landscaped median may be
permitted up to forty-eight (48) feet in width per driveway. The total
number of driveways allowed shall be limited to the number allowed
by the plat, or the approved site plan.
(c)
Non-Residential- Thirty-six (36) feet in width per driveway, except
that driveways containing a curbed landscaped median may be
permitted up to forty-eight (48) feet in width per driveway. Large
Shopping Centers and Large Office Buildings are pennitted
driveways up to forty-eight (48) feet in width per driveway, except
that driveways containing a curbed landscaped median may be
pennitted up to fifty-six (56) feet in width per driveway. The total
Land Dnvolopmont R'gnlation,
ClOy of A" , ., ~'Io'",
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802.5
802.6
802.7
802.8
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number of driveways allowed shall be limited to the number allowed
by the plat, or the approved site plan.
Mirúmum Size. Driveways for single fàmily and duplex structures in all
residentially zoned districts shall have a minifDlun width of eighteen (18) feet and
a minimum length of twenty (20) feet providing that such 20 feet shall be clear of
sidewalks and roadway easements within the confines ofthe subject parcel unless
otherwise specified in these regulations. Driveways for three car garages shall
have a minimum width of26 feet.
Proximity to Property Lines. Except for, fee simple attached residential, and
joint use accessways, driveways shall not be located closer to a property line than
the following:
(a)
Single Family and Duplex Residential- Five (5) feet
(b)
Multifumily Residential -- Ten (10) feet or the buffer yard
requirement contained in these regulations, whichever is greater
(c)
Non-Residential-- The width of a required buffer yard, or if no buffer -
yard is required, ten (10) feet to another non-residential parcel or
fifteen (15) feet to a residential parcel.
Paving. Driveways shall be paved with a hard, dust-ITee paving material
complying with the South Florida Building Code, as amended ITom time to time.
Lots within Residential Single (RS) Family Zoning Districts, shall utilize portland
concrete material as a minimum for driveways and aprons. Asphalt material is
not pennitted. In all other zoning districts all driveway connections (aprons)
shall be paved with Type S-l asphaltic concrete or other material approved by
City's Engineer.
Clear Sight Triangles. All driveways and street interseGtions shall provide clear
sight triangles in both directions as follows:
804.8.1 Measurement. Clear sight triangles on both sides of all driveways,
medians and at all street intersections shall be measured as follows:
(a)
Two Maior Streets. Twenty (20) feet along the right-of-way lines
ITom the intersection of two major streets.
(b)
Maior StreetILocal Street. Twenty (20) feet along the right-of-way
lines ITom the intersection of a major street with a local street.
(c)
Two Local Streets. Twenty (20) feet along the right-of-way lines
ITom the intersection of two local streets.
(d)
DrivewavlMaior Street. Twenty (20) feet along the right-of-way
Laod Do..lopmon' Rngulatiun.
Ci'r of A..ntnn, Floridn
Page 8-20
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(e)
(f)
802.8.2
lines ÍÌom the intersection of a driveway with a major street.
DrivewavlLocal Street. Ten (10) feet along the right-of-way line
:fÌom the intersection of a driveway with a local street.
No parking areas shall be permitted within clear sight triangles.
Landscaping. The area within any clear sight triangle shall be pIanted
and maintained in a way that provides clear visibility ÍÌom a height of
thirty (30) inches to a height of eight (8) feet above the crown of the
street. Vegetation shall be trimmed SO that no limbs or foliage extend
into the required visibility area.
Land Dnvelopmen' R,gulation.
City of '\'v,olo", Florid.
Page 8-21
Chapter 9: SIGN REGULA nONS
Section 901. Sign Regulations
901.1
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Intent and Puroose. The purpose of this Section is to promote and protect the
public health, safety and general welfare by reguJating existing and proposed
Signs and other street graphics within the City. In particular, this Section is
intended to preserve the unique aesthetic charneler of the City and ensure that
Signs are compatible with their SUIToundings. It is further intended to protect
property values, create a better business climate, enhance the physical appearance
of the community, p:eserve the natural LeàUty of the City and improve vehicular
and pedestrian safety and reduce visual pollution. It is the belief of this City
Commission that the nature of Signs is to provide an index to needed goods and
services. It is the inlentionofthis Section to control those Signs and to authorize
the use of Signs that are:
(a) Compatible with their surroundings.
(b) Expressive of the identity of individual proprietors or of the community as a
whole.
(c) Legible under the circlUDStances in which they are seen.
(d) Effective in indexing the environment.
(e) Conducive to promoting traffic safety by preventing visual distraction.
Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abandoned Sign: A Sign is considered abandoned if the business or other
use advertised on that Sign is no longer licensed, no longer has an
Occupational License or is no longer doing business at the location to which
the Sign pertains.
Advertising: Any fonn of public annOlmcement intended to aid, directly or
indirectly, in the sale, use or promotion of a pr?duct, commodity, service,
activity or entertainment.
AnimaJed Sign: A Sign that uses motion of any part by any means, or that
displays flashing, oscillating, sequential or intennittenl lights other than Time
and Temperature Signs, stock market price quolations and Changeable Copy
Signs.
Attention-Getting Devices: Blinking or flashing lights, streamer lights,
pennants, banners, balloons, streamers, and all fluttering, spinning or other
type of attention attractors or advertising devices.
Awning Sign: A Sign placed on an awning that is supported entirely trom
the exterior wall of a building and composed of a non-rigid material, and a
supporting iÌ"amework.
Balloon Sign: Any Sign offàbric type material, inflated by air to a point of
semi-rigidity for the purpose of floating above the ground or a building.
Laad O,..lopm,,' R,g.¡arioo.
Cil)' of A..",.,", Florid.
Page 9-1
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Banner Sign: A Sign having characters, letters or illustrations applied to
cloth, plastic, paper or fabric of any kind with omy such material for backing.
Flags shall not be considered as a banner.
Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating
device.
Billboard: A Sign, including Signs located in the public right-of-way,
utilized for advertising an establislunent, an activity, a product, service or
entertainment, which is sold, produced, manufactured, available or furnished
at a place other than on the property on which the structure is located.
Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered
or contain.ed within a box-like structure, fi-arne or other device.
Bunting: Any kind of pennant, streamer or other similar fabric decoration.
Building Frontage: The horizontal distance on the ground ITom one end of
a building to the other, parallel to the designated ITont lot line of the property,
as determined by the Director.
Bus BenclvShelter Advertising Sign: Any Sign painted on or attached to a
bench or to a shelter used by persons awaiting transportation.
Canopy Sign: A Sign hanging underneath a pedestrian shelter canopy in a
Multi-tenant Center.
Changeable Copy Sign: A Sign displaying messages that can be, or are
intended to be, changed electronically or by use of removable letters and
numerals.
Channel Letter Sign: A Sign using three dimensional letters, numbers or
logos with a groove, or other indentation or recess in the surface having an
independent physical existence ITom the building or other structure to which
it is attached.
City Manager: The City Manager of the City of Aventura, Florida or
persons designated by the City Manager to interpret, administer and enforce
this Section.
Community Service Sign/Special Event Sign: Any Temporary Sign which
advertises solely a function or event of a non-profil organization, civic event
or meeting, or other similar activity of a temporary nature.
Constru£tion Sign: A Sign containing infonnation relating to improvements
to existing building or to new construction such"as the project name, names
of a general contractor, architect, engineer or similar firm.
Corner LocaJion: Anv ITee standing building located adjacent to the
intersection of two public streets.
Detached/Freestanding Sign: Any Sign that is not attached to or painted on
a building, but that is affixed to a supporting structure that is attached to the
ground by a concrete foundation. Such Signs include Monument Signs.
Such Signs do not include Pole Signs and Pylon Signs.
Developnu!nt Identification Sign: A Sign installed on a building or around
the perimeter of a residential development or neighborhood identifYing the
name ofthat building, development or neighborhood.
Director: The Director of the Community Development Department.
Directional/Instruc/ional Sign: A Sign that guides or directs the public and
Laod Dmlopme.. Regol.rioo,
Gly Dr A"oto", Flo,id.
Page 9-2
conlains no advertising. The name of the tàcility (such as store name) to
which the Sign provides direction may be included when specified conditions
in this Section are met.
Directory Sign: A Sign index consisting of the names of tenants of an office
building, shopping center or other Multi-tenant Center.
Entrance Feature: Any combination of decorative structures and landscape
elements located at the entrance 10 the development, which identifY or draw
attention to the development and/or act to control ingress and egress to the
development. An Entrance Feature may include, although is not necessarily
limited to, ornamental walls, fences, identifYing lettering, logos, works of art,
and other landscape elecnents, as well as gatehouses, either singly or in any
combination.
Exiernally Illuminated Sign: Any Sign illuminated by shielded electric lights
(including reverse channel lighting and back-lighting) which are not part of
the Sign. All ExtemaIly Illuminated Signs sball have the illumination device
fully screened from view.
Facade: The front face of a building from the ground to the roofline.
Flag: Any fubric containing distinctive colors, patteITl5, or symbols used as a
symbol of a government or other public or private entity.
Government Instructional Sign: A non-commercial Sign pel111aQently
erected and/or maintained by the City, the County or State, or any agency
thereof Such Sign may include legal notices, identification and information
and may direct or regulate pedestrian or vehicular traffic.
Hospital: For purposes of this Section, this term sball apply to only acute
care hospitals and associated tàcilities with a minimum 0£300 in-patient beds.
Internally llluminated Sign: Any Sign having translucent characters, letters,
designs, logos or outlines illuminated by electric lights located within the
Sign, or lunúnous tUbes designed for that purpose.
Marquee Sign: Any Sign attached to or hung from' a covered structure
projecting from, and supported by the building with independent roof and
drainage provisions, and which is erected over a doorway or entranceway as
protection against the weather.
Model Sign: A Sign that designates a particular dwelling unit or units that is
exhibited to depict other units of a similar design for sale or rent.
i\lfonument/Ground Sign: A stone, masonry or stucco Sign mounted on a
freestanding solid structure supported solely by its own ground-mounted
base or supported by two pole-like supports not to exceed 18 inches in
height which is not attached or affixed in any way to a building or other
structure.
Multi-tenant Center: Any shopping center, office center or business center
in which two or more occupancies abut each other on the site or share
common parking tàcilitiès or.driveways or are otherwise related.
Murals: Any mosaic, painting or graphic art technique applied, implanted or
placed directly onto an exterior wall.
Nameplate Sign: A Sign indicating the name, and/or profession or address
of a person, persons or business legally occupying the premises.
Lnd °""00"""' R'gulalio",
G;1y or Anotora, Flodda
Page 9-3
Neon Sign: Any Sign or building trims utilizing neon or other similar gas for
illumination.
Non-conforming Sign: A legal and permitted Sign (including a Sign for
which a variance has been granted) existing as of the effective date of this
Section but which does not comply with the requirements of this Section or
any amendments to this Section.
Off-Premise Sign: Any Sign advertising a commercial establishment,
activity, product, service or entertainment that is sold, produced,
manufactured, available or funUshed at a place other than on the property
upon which the Sign is located. A Real Estate Open House Sign shall not be
considered an Off-Premises Sign.
Office Building: A Principal Building primarily used for the conduct of
business, such as administration, clerical services, and consultation with
clients and associates. Such buildings can be large or small and may house
one Of more office concerns.
Painted Wall Sign: Any painted Sign attached to and erected parallel to the
fàce o~ or painted on the outside wall of any building.
Parapet: A tàlse &ont or wall extension above the Roofline of a Principal
Building.
Parapet Sign: Any Sign attached to or supported by a Parapet.
Parcel Frontage: The distance for which a lot line of a property adjoins a
street, &om one property line intersecting said street to the furthest distance
property line intersecting the same street.
Pole Sign: Any Sign erected upon a pole or poles thai is wholly independent
of any building and/or other structure for support.
Portable Sign: Any Sign not permanently attached to the ground or other
permanent structure or any Sign designed to be transported. Portable Signs
shall include, but not be limited to Signs designed to be transported by means
of wheels; skid-mounted Signs; Signs converted to A- or T-fÌ'ames; Menu
and Sandwich Signs; Balloon Signs and Vehicle Signs.
Principal Building: The primary structure excluding ancillary, accessory or
attached structures or devices.
Projecting Sign: A Sign directly attached to and extending &om a building
or other structure by more than four inches.
Pylon Sign: A Sign attached to or painted on the fàce of a vertical or
horizontal extension of any face of a buildillg which extension constitutes an
integral part of the building structure.
Raceway: An enclosed channel of metal or nonmetallic materials designed
for housing electrical wires or cables. For purposes of these regulations,
raceways are located behind channel letters and may be used for support of
the letters. In no instance will raceways be permitted which are longer than
the lettering they are located behind.
Reader Board: A permanent Sign or portion thereof with characters, letters
or illustrations that can be changed or rearranged, electronically or otherwise,
without otherwise altering the fàce or the surface of the Sign. A Sign on
which the only copy that changes is an electronic or mechanical indication of
La.d Devel.pm,"' Reg.lario",
City or A".'.ra, Flodd.
Page 9-4
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time or temperature, stock market price quotations, or retail gasoline service
station prices shall not be considered a Reader Board.
Real Estate Open House Sign: A Portable Sign indicating property for rent,
lease or sale that is currently open for inspection.
Real Estate Sign: A Temporary Sign erected on-site by the owner or his/her
agent, indicating property which is for rent, lease or sale, open for inspection,
shown by appointment only or such similar announcement.
Residential Zoning District: An area containing land zoned for residential
development.
Reverse Channel Letter Sign: Opaque individual letters, numbers or logos
that are mounted directly on the wall with lighting within the letter, number
or logo so that they reflect off of the wall, i.e., reverse lighting.
Roof: The roof of the Principal Building.
Rooj/ine: The lower extreme of the flat or nearly flat roof limits of the
Principal Building.
Roof Sign: A Sign erected over or on the Roo( or extending above the Roof
Line, which is dependent on the Roo( Parapet or upper walls of a building
for support.
Safety Sign: Any type of safety marking or device as may be prescribed by
fire authorities or any other official public agency.
Sign: Any structure and all parts composing the same, together with the
1Ìame, background or support therefor, that is used for identification,
advertising, informational or display purposes or any statuary, sculpture
molding, casting or other objects used for identification, informational,
advertising or display purposes in a permanent or temporary nature.
Merchandise vehicles or equipment used as an attention attractor or
advertising device, with or without a printed message, shall be considered a
Sign.
Sign Area: The square foot area enclosed by the perimeter of the Sign
structure, including borders and fuuning. When a Sign is composed of
individual letters, symbols or logos only, the Sign Area is the area enclosed
by a perimeter line forming a single rectangle or square enclosing all letters,
symbols and logos, and shall be measured to the !ùrthest point. In the case of
a Monument Sign, the Sign Area is the square foot area fi:om the ground to
the maximum height, times width.
Sign Height: The height of a Sign measured fi:om the finished ground
elevation to the top extremity of the Sign. If the area around the Sign is
benned, then the height of the Sign is measured using the crown elevation of
the fi:onting street.
Snipe Sign: A Sign that is tacked, nailed, posted, pasted, glued or otherwise
attached to trees, poles, stakes, walls, trash receptacles or fences, or to other
objects, excluding notices reqtùred hy law.
Swinging/Hanging Sign: The tenn shall mean any Sign of larger than four
square feet in size which swings fi:eely, rotates or revolves fi:om or on
supports with or without guy wires.
Temporary Sign: Any Sign to be displayed for a limited period as specified
La.d Dmlopm<Dt R<gola"oD'
City Dr Av,",ura, Flodda
Page 9-5
901.3
elsewhere in this Section. A Temporary Sign shall be displayed oruy on the
site to which it applies.
Through Store: A tenant with !fontages on two opposite sides but not
comer locations.
Time and Temperature Sign: A display contallring illuminated nwnerals
flashing alternately to show the time and/or temperature.
TraffIC Control Sign: Any sign found in the Manual of Unifonn Traffic
Control Devices as may be amended !fom time to time.
Vehicle Sign: A Sign affixed to or painted on a transportation vehicle
incluàing automobiles, vans, trucks, boats, trailefs and campers for the
purpose of identification or advertisement, excluding Signs less than two
square feet per side of the vehicle and excluding Signs on vehicles used in the
norma! day-to-day operations of a business. V -Sign: A !feestanding Sign
with two sides angled rather than parallel and flush. The spread of the V at
the open end shall not be greater than the length of its narrowest side. A V-
Sign shall be cotmted as one Sign.
Wall Sign: A Sign which is affixed to or painted on and flat against an
exterior wall, fuscia, cantilever or marquee of any building that is parallel
thereto and supported by such wall, fuscia, cantilever, marquee or building.
Window Sign: A Sign attached to or painted on the inside of a store!font
window or door.
Prohibited Signs
The following are prohibited:
a) A Sign that significantly covers, inteITUpts Or disrupts the major architectural
features of a building.
b) Abandoned Signs.
c) All Signs which display services or products as opposed to the business
name,
d) All Signs located on or over public property or right-of-way, except those
installed by governmental agencies.
e) Animated Signs.
t) Any Sign placed on or attached to utility poles, except for the purpose of
utility identification.
g) Any Signs that could be confused with a Traffic Signal or Traffic Sign.
h) Any Signs that in the opinion of the City Manager constitute a safety ha=d.
i) Attention-Getting Devices.
j) Balloon Signs.
k) Bare Bulb Signs.
1) Billboards, other than those lawfully existing on the effèctive date of
Ordinance No. 97-12 and protected by Sec. 479.15(2), Fia. Statutes.
m) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet
Wall Signs comprised of boxes with cabinets consisting of individual letters
or where each box/cabinet consists of an individual letter or where the
individual letters are translucent and the Sign face is opaque.
n) Buntings.
La.d Dmlopm..' R.g.lario",
CII)' of Avo."'". Flodda
Page 9-6
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0) Bus Bench/Shelter Signs.
p) Changeable Copy Signs except as specifically permitted under this Section.
q) Signs erected or painted on fences or wall enclosures except as specifically
permitted in this Section.
r) Marquee Signs, except as specifically permitted in this Section.
s) Murals.
t) Neon Sighs (other than Reverse Channel and Wall Signs where permitted)
including neon building trirn.
u) Off-Premise Signs.
v) Painted Wall Signs.
w) Parapet Signs, excepting that 50% of that portion of a sign located in an area
with a parapet may extend above the roofline.
x) Any Signs illuminated &om outside the boundaries of the Sign unless the
source of illumination is not visible &om any abutting right-of-way or any
adjacent property.
y) Pole Signs.
z) Portable Signs, except as specifically permitted under this Section.
aa) Projecting Signs, except Canopy Signs.
bb) Pylon Signs.
cc) Reader Boards.
dd) Roof Signs.
ee) Service station pump island banners or advertising or promotional Signs.
fJ:) Signs attached to trees or other vegetative landscaping material.
gg) Signs placed on awnings, shades, canvas or other similar structures, except
as specifically permitted.
hh) Signs with raceways unless approved by the Communitv Development
Director for those situations where there is no alternative method.
ü) Snipe Signs.
jj) SwinginglHanging Signs.
kk) Vehicle Signs close to or on the public right-of-way when used for
advertising purposes at a given location or site in addition to or in lieu of
Temporary or other Signs permitted under this Section.
901.4
Required Signs The following Signs shall be placed where relevant by a property
owner and do not require a permit:
(a) Safety Signs
(b) Address numbers:
(c) Residential building with four dwelling units or less -- address numerals at
least four inches high but not greater than ten inches.
(d) Residential building with more than four dwelling units -- address numerals at
least ten inches high.
( e) Non-residential.buildings -- address numerals at least ten inches high.
(t) Handicapped parking and handicapped access Signs: In accordance with
state handicapped parking and Federal Disabilities Act access requirements.
(g) Traffic Control Signs
(h) Baby Stroller Signs: As required by the Dade County Code.
L..d Dmlopm<o' a"olano",
City .f An.'"", FI.,;d.
Page 9-7
901.5
901.6
(i) Handicapped Parking Signs or other similar parking Signs.
Other SilmS / No permit required
The following Signs may be placed without the filing of an application for the
issuance of a pennit or the payment of a fee, but shall, unless otherwise
exempted, be subject 10 all other regulations set forth in this Section. The
foregoing exemption ITom filing shall not be construed to waive the other
provisions of this Section or the structural requirements outlined by this Section
and/or the South Florida Building Code, as may be amended fÌom time to time.
a) Government Instructional Signs
b) Temporary holiday decorations, provided they carry no advertising matter,
and further provided thai they are nol in place more than 45 days and are
removed fourteen days after the holiday ends.
c) No-trespassing and no-dumping Signs not to exceed one and one-half square
feet in Sign Area and not to exceed four per lot, except that special
permission may be obtained fÌom the City Manager for additional Signs
under proven special circumstances.
d) Permitted Flags.
e) Nameplate Signs in residential districts when letters for said Signs do not
exceed three (3) square feet in Sign Area.
t) Nameplate Signs in non-residential districts on the rear of the building with
Sign Area not in excess of three (3) square feel and with letters not
exceeding three (3) inches in height.
g) Signs of a noncommercial nature erected by public utilities.
h) School and places of worship Signs as specified in this Section.
i) Signs indicating the availability of accommodation in hotels, motels, etc.,
when said Signs conform to all provisions of this Section and when said Sign
Area does not exceed three (3) square feet.
j) Changes of copy in pennitted Changeable Copy Sign.
Residential Permanent SilmS The following Signs are authorized in all Residential
Zoning Districts and Residential-ofiice Zoning Districts:
(a) Development Identification Sign: Pennitted onlyfor (i) multifamily buildings
with more than five units; (ii) single-fàmily developments with more than five
units; (ill) religious institutions, schools and public uses. Where multifurnily
dwellings are part of a larger development, there shall be only one
Developmenl Identification Sign on each public street fÌontage of the
development.
Approvals Necessary:
Number (maximum):
City Manager
I Monumenl Sign (or Sign mounted on perimeter wall)
per street frontage indicating the name and address of the
complex, except 2 are permitted where attached to wall of
symmetrical Entrance FealUre
Sign Copy Area (maximum):
32 sq. ft. (aggregate if2 Signs)
Sign Height (maximum):
8 ft.
L..d Dmlopm", a.golario",
City orAv"tura, Florida
Page 9-8
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Setback (minimum):
6 ft. fÌ"om right-of-way, 15 ft. fÌ"om side property line
Illumination
Externally Illuminated Signs only.
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Changeable Copy Sign
Schools, religious and public institutions only may be
permitted one Changeable Copy Sign in lieu of the
permitted Monument Sign. Said Sign shall no! exceed
thirty-two (32) square feet in Sign Area.
I
)\
~.
ij
'I
~
¡
(b) Directional
Approvals Necessary
City Manager
To be approved as part of sile plan. If no! approved as
part of site plan, separate permits required
4 sq. /l each
Number:
Sign Area (maximum):
Sign Height (maximum):
3 ft.
Other restrictions
No advertising copy. Logos may cover no more !han
25% of the Sign Area.
901.7
Nomesidential District Signs
The Owner(s), or their authorized representative, may at their option, choose to -
use the following standards or alternatively, apply for approval as a muhi-tenant
center, pursuant to Section 901.9 hereof (provided that the subject Center
complies with the definition provided in this Section).
The following Signs are authorized in all nomesidential districts in the City:
(a) Detached, Freestanding or Monument Signs where otherwise permitted, shall
not be closer than two hWldred (200) feet to any other previously permitted
detached, freestanding or monument Sign.
Approvals Necessary
Number (maximum);
City Manager
I per parcel; parcel must have fÌ"ontage of at least 100 feet
on a public street, except for gasoline station parcels where
a 48 square foot Sign shall be permitted notwithstanding
the street 1fontage or distance separation of the parcel
occupied by the gasoline station.
(Subdivision of an existing building or planned building
group shall not entitle the new parcels to additional
Monument Signs).
Sign Area (maximum):
48 sq. ft
Sign Height (maximum):
8 ft.
Setback (minimum):
From right-of-way line:
. From side property line:
6/l
20ft.
Illumination
Externally Illuminated Signs or internally illuminated
letters or logos only.
Land Dcv<iopmeot Regulations
City or Avenin", Florida
Page 9-9
Supplemental provisions:
Option on number of Signs if
parcel has 300 or more feet of
Parcel Frontage and two two-way
access points on different public
streets.
Logos may cover no more than
25% of the Sign Area.
Time and Temperature Sign
authorized within total permitted
Sign area.
Landscaping and visibility sight
triangle on comer lot.
Changeable Copy Sign
2 Signs, aggregate area not to exceed 72 sq. ft.
See applicable provisions contained in this Section.
Schools, religious and public institutions only may be
permitted one Changeable Copy Sign in lieu of the
permitted Monument Sign. Said Sign shall not exceed
forty-eight (48) square feet in Sign Area.
(b) Wall Sign (pennitted only on buildings where the majority of the floor area is
in retail use. In the case of a Multi-tenant Center, Wall Signs are pennitted
on walls thai face an access drive or internal courtyard).
Approvals Necessary City Manager
Type Reverse or Channel Letter Sign only
Number (maximum):
Sign Area (maximum):
Illumination:
Supplemental provisions: See gas
station provisions contained in
this Section
I per ground or second floor establishmenl which has its
own frontage and entrance fucing a public street. (If the
Parcel Frontage requirement for a Monument Sign
precludes an office building ITom having a Monument
Sign, one building identification Wall Sign thai otherwise
meet the Wall Sign standards is authorized). Comer or
Through Store locations may have an additional Wall
Sign. Such second Sign-shall be limited to 50% of the
square footage of the primary Sign.
I sq. ft. for each I lineal ft. of Tenant Frontage for each
Sign localed within 300 ft. of a street on which the
building ITonts.
1.5 sq. ft. for each I lineal ft. ofTenant Frontage for each
Sign located more than 300 ft. of a street on which the
building ITonts.
See definition of Reverse or Channel Letter Sign
Laod aovolopmo.t Rogolatio.,
CIty or Avo.,"", Florid.
Page 9-10
(c) Canopy Sign:
Approvals Necessary
Number (maximum):
City Manager
I per establishment
Sign Area (maximwn):
4 sq. ft.
Minimum clearance
ground:
Must be rigidly attached
above
8 ft.
(d) Awning Sign (permitted e,*,' in lieu efV,lal! SigH):
Approvals Necessary City Manager
NUI1lber (maximUI1l): I per establishment
Lettering
I line; letters not to exceed 9 in. in height
Logo
Maximwn of 6 sq. ft.
(e) Directory Sign:
Approvals Necessary
NUI1lber (maximwn):
Sign Area (maximUI1l):
City Manager
I per Multi-tenant Center, in addition to other permitted
Signs
32 sq. ft. Complex name and lor address shall not exceed
50% of base heighl.
On building wall (or &eestanding within internal
courtyard)
Location
Illumination
Externally or Internally UlUI1linated Signs.
(f) Wmdow Sign (permanent):
Approvals Necessary City Manager
Number (maximum): I per establishment
Sign Area (maximum):
4 sq. ft.
Illumination
Prohibited
(g) Directional Sign:
Approvals Necessary
Number
City Manager
To be approved as part of site plan: if not approved as
part of site plan, permit required
Sign Area (maximum):
4 sq. ft.
Height (maximum):
3 ft.
Other restrictions
No advertising copy. Logos may cover no more than
25% of the Sign Area.
(h) Regional Mall Signs: The following Signs are authorized in all Regional
Malls located within the City consisting of an enclosed mall with a millimum
I.o.d Dmlopm'.' R,golorio..
City.r A".ton, Flo,;do
Page 9-11
of three major tenants (minimum 100,000 square feet), located on not less
than seventy acres and consisting of not less than a total of one million square
feet of building area.
I. Detached, Free Standing or Monument Signs may be located at
each entry drive onto the Regional Mall property ÍÌ'om any abutting
public right- of-way.
Approval Necessary
City Manager
Number (maximum)
1 per access drive
I per each establishment which is located adjacent to the
public right-of-way or internal roadway
Sign Area (maximum)
Mall Properly entry Signs
195 square tèet maximum; the square (Dotage shall be
calculated based only on the side/area having copy and not
include any side without copy on architectural features or
shaped Sign such as cubes, squares or other geomeJric
shapes.
See Non-residential Sign requirements.
Free Standing Establishment
Sign Height (maximum)
Mall Properly Entry
Free Standing Establishment
15 ft.
See Non-residential Sign requirements.
Setback (maximum)
Mall Properly Sign
Free Standing Establishment
6 ft.
6 ft.
Ulumination
External or internal illumination of letters and logos only
2. Wall Signs are only pennitted on the three exterior walls of the
major tenants of not less than 100,000 square feet that fuce the exterior
Regional Mall property. Other tenants that provide direct pedestrian
access ÍÌ'om the Mall property such as major restaurants or theaters
may also have Wall Signs. T81'!!1!lts ha :ng àir88t aO88sa te !III .,!t.maI
e~8R 8e...., arà ...-.a HJI» ha . a 'Fall ~igR Jii.Utg 9~8k 88tH'Þ, ani.
Approval Necessary
Number (maximum):
City Manager
I for each exterior wall for a tenant of at least 100,000
square feet, fàcing the exterior Mall premises. Such Sign
may only be located on the exterior wall of the specific
tenant space idenlified.
I per tenanl for other tenants that provide direct access
!Tom the Mall exterior or [or 10"""" Ra ing ,Jim' ~.".a
""tv -. vyvu w_t,..ò.
Sign Area (maximum):
Major tenants (minimum 500 sq. ft.; Lettering not over 12" located on a wall,
100,000 square feet of floor area) overhang or canopy which designates specific uses of a
100,000 sq. ft. tenant shall not constitute a Sign for
La.d Dmtopm..' R'golatio..
City or AH."n, Flodda
Page 9-12
purposes of this Section.
Exterior Access tenants
75 sq. ft.
°"'" Co_t)",d t',1"'113
~
illumination
Reverse or channel letters or external illumination.
3. Canopy Sign:
Approvals Necessary
Number (maximum)
Sign Area (maximum)
Minimum clearance
ground
Must be rigidly attached
City Manager
I per establishment
4 sq. ft.
above 8 feet
4.
Awnillg Sign:
Approvals Necessary
Number (maximum)
Lettering
Logo
City Manager
I per establishment
I line; letters not to exceed 9 inches in ht
Maximum of6 sq. ft.
5. Window Signs:
Approvals Necessary
Number (maximum)
Sign Area (maximum)
Illumination
City Manager
I per establishment
4 sq. ft.
Internal or external illumination
6. Directional Signs:
Approvals Necessary City Manager
Number Approval as part of a site plan; if not approved as part of a
sile plan, permit required Such Signs may be located as
part of the internal road system as needed to insure traffic
flow and circulation.
Sign Area
Height
Other Restrictions
75 sq. ft.
9 ft.
Only IOO,OOo.:sq. ft. tenant identification, name and/or
logos allowed
Logos may cover no more than 25% of the Sign Area.
Since Mall areas are by nature public access areas, necessary precautions must be
taken for the public safety, and pennits will be required and processed in the
usual fushion for any Sign installation in the Mall area; the processing shall
include usual requirements for plans showing construction, method. of
installation, location, size and height above the pedestrian pathway. Interior
Wall, Wmdow, Awnillg, Canopy Signs and interior Mall Directory Signs will be
pennitted and shall not be calculated as one of the Signs pennitted Wlder the Sign
La.d Dmlopm..' R.gulatio.,
City of A"...ca, Fl.rida
Page 9-13
Section. Any Non-conforming, legally permitted Signs that existed at the time
this Section became effective may be continued, although it does not confonn to
all the provisions hereof; provided that no structural alterations are made thereto
except for change of copy.
The courtyard area may have entry Signs and logos to identifY the courtyard area
but shall not specifY tenants. Such Signs may be mounted on a wall. entry
structure or other decorative feature. Such entry Signage (lettering) shall be
limited to 75 square feet.
Signage internal to the enclosed structure or courtyard of a Regional Mall shall
not be requited to confonn to these reguJations. However, a Building Permit
shall be requited for installation of all such Signs.
Directional Signs without advertising throughout the parking garage are exempt
JÌom this limitation.
(i) Hospital:
1) Detached, Free-standing or Monument Signs
Approval Necessary City Manager
Number (maximum) .
By approval
Sign Area (maximum):
Area shall not exceed 65 sq. ft.
Sign Height (maximum):
Primary Sign
15 ft.
Secondary Sign
13 ft.
Setback (minimum):
Right-of- Way
6 ft.
Side Property Line
20 ft.
Shall not be closer than 50' to another Detached,
Monument Sign
lIIuminatioo
Exiernal, or internal illuniination ofleners and logos only.
2. Wall signs
Approval Necessary
City Manager
Number (maximum)
1 per elevation
~
Sign Area (maximum)
1 sq. ft. for each 1 lineal ft. of elevation fi"ontage
Illumination
Reverse or channel letters or external illumination.
901.8
Temoorarv Signs
The following Temporary Signs are authorized in the City:
(a) Grand opening Banner:
¡
,
~
La.d Dmlopm..' a.g.¡,ri..,
Gly .r Av......, Florid,
Page 9-14
Approvals Necessary
Number (maximum):
Sign Area (maximum):
Sign Height (maximum):
Length of display
Frequency
Other Restrictions
Number (maximum):
Sign Area (maximum):
Sign Height (ma.ximum)
Setback (minimum)
Length of Display
Other Restrictions
Approvals Necessary
Number (maximum):
Sign Area (maximum):
Sign Height (maximlUD):
Setback (minimum):
Length of display
Nonresidential District
City Manager
I per project
30 sq. ft.
4ft.
Nonresidential Di:;trict
City Manager
I per establishment per calendar year
in a Multi-tenant Center
30 sq. ft.
4ft.
14 consecutive days after issuance of 14 consecutive days after issuance of
initial occupational license initial occupational license
I per year
Sign copy shall only include "Grand
Opening" and the Name of the
Project. Signs shall indicate
expiration date on lower right hand
comer.
I per year
Sign copy shall on1y include "Grand
Opening" and the Name of the
Project. Signs shall indicate
expiration date on lower right hand
comer.
(b) Real Estate Signs: (No pennit required).
Residential Di:;trict Nonresidential Di:;trict
I per lot, except comer I per lot
lots may have 2
40 sq. in. aggregate for each
4 ft.
6 ft.
Shall be removed within to days
after the closing.
Sign copy shall be limited to: (i)
situation (i.e. sale, rent, lease, zoning,
size of property); (ü) name of owner;
broker or agent; (iii) phone number;
(iv) designs or trademarks not
comprising more than 20% of Sign
Area; (v) colors limited to black and
white
(c) Construction Sign:
Residential DiSlricl
City Manager
I per lot
32 sq. ft.
4 ft.
6 ft. &om property line, not in right-
of-way or sight visibility triangle
Permitted for a 12 month period &om
4 sq. ft. aggregate
4 ft.
6 ft.
Shall be removed within to days
after the closing, or in the æse of
p,operty for lease, within 5 days after
all space is leased.
Sign copy shall be limited to: (1)
situation (i.e. sale, rent, lease, zoning,
size of property); (ii) name of owner;
broker or agent; (iii) phone number;
(iv) designs or trademarks not
comprising more than 20% of Sign
Area; !v) colors limited to black and
white
Nonresidential Di:;trict
City Manager
1 per lot
32 sq. ft.
4 ft.
6 ft. &om property line, not in right-of-
way or sight visibility triangle
Permitted for a 12 month period &om
Laod Dmlopm,"' R,golario",
Gty or Av,"tu", Flodd.
Page 9-15
Other Restrictions
Number (maximum):
Sign Atea (maximum):
Sign Height (maximum):
Model arrow Signs
Flags
Time limit
Other Restrictions
Approvals Necessary
Sign Atea (maxlinum):
Time limit
Frequency
Approvals Necessary
Number (maximum):
Sign Atea (maxlinum):
Height (maxlinum):
Length of display
Setback
date of building pennit issuance or
until construction completed
date of building pennil issuance or
until construction completed
Sign copy may include only: (i) project
name; (ii) nature of development; (iii)
general contractor; (iv) architect; (v)
lending institulion; (vi) owner or
agent; and (vii) phone number
Sign copy may include only: 0) project
name; (ii) nature of development; (iii)
genera! contractor; (iv) architect; (v)
lending institulion; (vi) owner or agent;
and (vii) phone number
(d) Model Sign: (No pennit requITed).
Residential District
I per model unillot and 1 per office lot
Nonresidential District
(Not applicable)
4 sq. ft.
4ft.
3 per development not to exceed 2 sq. ft. each. Sball
not be located in right-of-way or sight visibility
triangle.
Not pennilted, except as specifically allowed in this
Section
Until certificate of completion/occupancy is issued for
last house in development.
Sign copy may include only: (i) "Model"; (ii) builder;
(iii) architect; (iv) ager¡t; (v) number of bedrooms and
baths; (vi) telephone number
(e) Window Sign, Temporary:
Residential District Nonresidential District
City Manager Not pennilted
10% of window area up to a maximum of 10 sq. ft.
14 days
Business or use shall be limited to 5 such advertising Sign
pennits per calendar year
(I) GarageÆstate sale Sign:
Residential District
Nonresidential
District
Not pennilted
City Manager
I per lot on site
6 sq. ft.
4ft.
Maxlinum of I weekend during any 6 month period
Not on right-of-way
(g) Real Estate Open House Sign. Such Sign is located on-
premises, on private property (upon pernrission of the private
La.d Dmlopm<nt a'g.lano",
City .r An.t.". Flo,'d,
Page 9-16
Nwnber (maximum):
property owner), but which shall not act as an obstruction to
vehicular or pedestrian traffic. (In confonnance with design
specifications as provided by the City Manager): (No permit
required).
Residential Di.rtrict
I per property (2 per property when
more than 1 unil is for lease or sale on
property)
Nonresidential Di.rtrict
I per property (2 per property when
more than I unit is fur lease or sale on
property)
Sign Area (maximwn):
6 sq. ft.
6 sq. ft.
Sign Height (maximwn):
6 ft.
6 ft.
Time limit
Permitted Saturdays and SlUldays Permitted Saturdays and SlUldays
10:00 a.m. to 4:00 p.m. Must be 10:00 a.m. to 4:00 p.m. Must be
removed same day. removed same day.
(h) Community Service Signs/Special Event Signs: The number,
size and location of Signs to be determineJ by the City Manager.
(i)
School and places of worship Signs.
Approvals Necessary
Nwnber:
Not in freestanding slroi:tures
City Manager
I
In freestanding slnæture
City Manager
I
Sign Area (maximum):
12 squarefeet
32 square feet
Sign Heighl (maximwn):
Heet
6fœt
Setback
Shall not be placed in any right-of-way Shall not be placed in any right-of-way
or sight visibility triangle. or sight visibility triangle.
Length of display
Shall be displayed only during Shall be displayed only during
worship services and related functions. worsbip services and related functions.
901.9
Supplemental Regulations
(a) Multi-tenant Center Sign graphics criteria.
The Owner of a Multi-tenant, or their authorized representative, may
choose to comply with the standards for Nonresidential District Signs
or alternatively, apply for approval as a Multi-tenant Center as
described below.
(1) The owner of a Multi-tenant Center shall submit to the City
Manag,r a written statement of the unifonn Sign graphics
criteria for the Multi-tenant Center (the "Criteria'). The City
Manager shall review the Criteria, make a recommendation and
submit the Criteria, along with the recommendation to the City
Loud Dmlopm,ut R'golotiou.
Gty ot A"utu". Florido
Page 9-17
Commission, for final approvaL Once the Criteria have been
approved, they shall apply to the entire Multi-tenant Center, as
well as to each individual occupant, and shall remain in effect
for so long as the Multi-tenant Center exists, regardless of a
change in ownership or management, unless and until the
owner obtains approval 10 amend the Criteria ÍÌom the City
Commission. The Criteria for each Multi-tenant Center shall
include, but not be linúted to, color(s), type of Signs, style of
letters, size of letters (maximum or minimum) and size of
Signs.
(2) An application to erect any Sign for any portion of a Muhi-
terumt Center shall include and comply with the Criteria
established for the Muhi-tenant Center, a sketch of the
proposed Sign and the written consent of the owner of the
Multi-tenant Center for the proposed Sign.
(b) Illumination of buildings bv Externallv Illuminated Signs:
There shall be no illumination of buildings facing residentially zoned
properties. The degree of illumination of buildings by Externally
Illuminated Signs, where pennitted, shall not be brighter than the
standard for parking lot and grounds lighting.
(c) Changeable Copv Signs:
(1) Drive-through Restaurant: In addition to other pennitterl
Signs, Drive-through restaurant establishments shall be
pennitted to have a Changeable Copy Sign showing menu or
featured items, provided (i) it has a transparent protective
locked cover, (ü) it is affixed to a wall of the establishment
adjacent to the drive-in service window or located ÍÌeestanding
within and parallel to the drive-in lane area; (ill) Sign shall not
exceed six feet in Sign Height or 32 square feet in Sign Area;
(iv) a landscaped area of at least 100 square feet shall be
located around the base of all such Signs. Additionally,
whenever such Sign is visible ITom a right-of-way a tree shall
also be required and located so as to screen the Sign ÍÌom the
right-of way. '
(2) Theaters and playhouses: May be permitted one Sign in
addition to those pennitted by this Section for the purpose of
displaying Changeable Copy, with the approval of City
Commission. At no time shall the additional Changeable Copy
Sign exceed 40 square feet in Sign Area for a single screen or
stage theater. Multiple screen theaters may be pennitted
additional Sign Area, of 10 square feet per movie screen. Such'
Changeable Copy Sign shall contain only the title of the
perfonnance, the MPAA rating, the hours of the perfonnance,
and the name of the production company or of the major star.
(d) Gasoline station canopies. A company logo not to exceed
four square feet shall be pennitted on each side of a gasoline station
Lo.d Dmlopm<Dt Reg.lono",
City of Anntun, F¡odd.
Page 9-t8
canopy. Wall Signs shall be prohibited on gasoline station canopies.
(e) Billboards. No portion of any Billboard that exists at the date
of this Section shall be located closer than ten feet to any right-of-
way line. Additionally, a relocated Billboard shall be con5idered a
new Billboard.
(f) Rear of Signs. Where the rear or side of any Sign is visible
from any street or from any adjoining Residential Zoning District,
such side or rear shall present a completely finished appearance as
determined by the City Manager.
(g) Nuisance and safelY.
(1) il/uminatiLn: No Externally or Internally Illuminated Sign shall
cause unreasonably excessive glare inten5ity in an adjacent
residential district.
(2) Sight visibility triangle: No Monument Sign shall be located
within a 25-foot triangle at the intersection of tWo public
streets or within a 20 foot triangle al the intersection of a public
street and a driveway (measured along the property or right-of-
way line) unless it is 30 inches or less in height.
(h) Landscaping of Detached and Ffeestanding SiÌW5. Unless
otherwise provided in this Code, all Detached and Freestanding Signs
shall be placed in. a planting bed with at least one hundred sixtY
square feet of planting surrounding the Sign on all sides. This bed
shall contain shrubs, flowers or other ground cover, and shall be
shown on a site plan or stUVey submitted for approval in conjunction
with a Sign Pennit application.
(i) ~ The number of Flag poles which can be displayed at one
time upon one site is as follows:
(1) Residential- I pole per lot not 10 exceed a height of
35'
(2) Nonresidential - 2 poles per lot not to exceed a height
of35'
(3) Flag size not to exceed 40 square feet.
(4) Exception5 to the type, ~e of Flags or number of
poles rnay be granted by the City Manager only when it
is determined that:
a) The Flags have not yet been installed.
b) The Flags are not to be utilized as prohibited
Attention Getting Devices.
c) The Flags are con5istent with the purposes of
this Section.
(5) Height of the Flagpole shall be as measured :!Tom the
crown of the road. Installation ora Flagpole requITes a
building pennit and shall not be located less than seven
(7) feet :!Tom any public right-of-way line, or less than
five (5) feet tram any adjacent property line.
(6) FIag(s) shall be no larger than as pennitted herein
L'Dd DmlDpmnnt R'gDI,riOD'
Gty Df AHDMa, Florid,
Page 9-19
except on Federal, State and local governmental
properties or on Federal legal holidays.
901.10
Permit Requirements
(a) Permit required. It shall be unlawful for any person to install,
relocate, alter or cause to be installed, relocated or ahered within the
municipal limits of the City, any Sign without first having obtained a
required permit trom the City Manager. Said permits shall be issued
only after a detennination has been made of full compliance with all
conditions of this Section. No person shall install, relocate, alter or
cause to be installed, relocated or altered, any Sign, other than
Temporary Signs, unless the person is properly licensed to install,
relocate, or alter Signs in Dade County. It shall be unlawful for any
person to knowingly construct Of cause to be constructed a Sign
contrary to the regulations of this Section.
(b) Permit aoolications. Applications for permits required by this
Section shall be filed with the City Managef and shall contain the
following infonnation:
(1) Name and address of owner of proposed Sign and/or
authorized agent.
(2) Type of Sign/or Sign structure with all relevant dimensions.
(3) Location and legal description of premises upon which Sign is
to be located.
(4) A plan or design of the Sign, to scale, showing the square foot
Sign Area and Sign Height of the Sign as well as the Sign fuce,
height of letters, colors, materials, lighting, equipment, if any,
and its position relative to the building and/or property line.
(5) Value ofthe Sign.
(6) Written pemùssion to erect proposed Sign trom owner and/or
owners of property on which said Sign is to be erected.
(7) Such other structural and techrùcal infonnation as may be
required by either the Building Official or Community
Development Director.
(c) Permit fees. Permit fees for the erection of Signs shall be
collected in accordance with the City Code.
(d) Permit issuance; labels to be affixed. ¡fupon examination, City
Manager or hislher designee detennines that an application is in
conformance with the provisions of this Section, he/she shall cause a
written permit to be issued authorizing the installation of the Sign.
With each permit the City Manager or hislher designee shall also
cause a label to be issued bearing a unique identification number.
This label shall be affixed to the Sign by the permittee prior to final
inspection by the Building Official, in a manner so that the label will
be readily visible for inspection pwposes. Absence of such a label
upon any Sign construcled or installed shall be prima fucie evidence
Land Dmlopm<D' R'golatio",
City of AHDtun, Florida
Page 9-20
offuiIure to meet the requirements of this Section.
(e) Permit revocation. Pennits issued under this Section shall be
valid for the life of the Sign approved. However, any pennit may be
revoked by the City Manager upon the detennination that the Sign is
not in full compliance with the pfovisions of this Section. Further, if
the Sign authorized by any pennit has not been constructed within
three months after the date of issuance of that pennit, the pennit shall
automatically be revoked and a new pennit required.
(f) Appeals of Administrative Decisions. Anyone appealing an
administrative decision relating to a Sign application or the pennitting
process may appeal such decision to the City Commission by filing a
request with the City Clerk within 15 calendar days of the decision of
the City Manager. The Clerk shall place such item on the next
available City Commission agenda.
(g) Variances. Anyone seeking a variance of the provisions of this
Section shall file such application with the City Manager. An
application for variance shall be made pursuant to the City's
procedure for requesting a zoning variance and shall be scheduled for
a hearing by the City Commission who shall grant or deny such
variance using the following criteria:
(h) Criteria. A Variance may be granted upon a showing by the
applicant that the Sign Variance maintains the basic intent and
purpose of these regulations, particularly as it affects the stability and
appearance of the City and provided that the Variance will be
otherwise compatible with the surrounding land uses and would not
be detrimental to the community. No showing of unnecessary
hardship to the land is required.
901.11
Non-conformÎflg Signs. All future changes to any Signs will require
confonnity to this Section.
(a) Amortization of Sign Code Non-confonnities. The following
Non-confonning Signs that existed at the time this Section became
effective may be continued, although it does not confonn to all the
provisions hereof, provided that no structural alterations or text are
made thereto and that all such Non-confonning Signs shall be
completely removed trom the premises or made to conform by June
3, 2000:
I) Any Non-conforming Sign;
2) Those Signs that display services or products as opposed to the
business name;
3) Nonresidential Monwnent Signs.
(b) Exception to amortization schedule.
I) Channel letter signs that otherwise meet all requirements of
this Section provided that the Sign Area is not more than twice
the square footage allowed by this Section and that existed at
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Laod Dm¡opm'.t a"ulalio.s
CHy or Av"tun, Flocld.
Page 9-21
the time this Section became effective may be continued,
a1though it does not confonn to all the provisions hereof,
provided that no structural or text alterations are made thereto
and that all such Non-confonning Signs shall be completely
removed ¡¡-om the premises or made to confonn by June 3,
2002.
2) Non-confonning Signs that are caused to be relocated as a
direct result of a governmental condemnation will be amortized
according to the schedule that would have applied to the
original location.
3) The following Non-confonning Signs that existed at the time
this Section became effective may be continued, although it
does not confonn to all the provisions hereof, provided that no
structural or text alterations are made thereto:
4) Monument signs located in residential districts.
5) Residential, Hospital and Office Building Wall Signs;
6) Flagpoles that existed at the time of the adoption of this
SectiolL
7) Non-confonning Portable Signs, Banners, Flags, traffic hazard
Signs, all paper window display Signs, and seIVÎce station
pwnp advertising and promotional Signs, shall be removed
within three months of the effective date of this Section. All
illegal Signs shall be removed immediately.
(c) Other tennination ofNon-confonning Signs.
I) By abandonment - Abandonment of a Non-confonning Sign
shall tenninate its Non-conforming status.
2) By damage or poor condition - The Non-confonning status of
a Sign shall cease whenever the Sign is damaged beyond 50
percent as detennined by the City Manager ÍÌ"om any cause
whatever, or to the extent the Sign becomes a hazard or
danger.
3) Abandoned and damaged Signs, as descnœd in this Section,
shall be removed by owners ,in accordance with the
requirements ofthis SectiolL
(d) Maintenance ofNon-confonning Signs. Non-confonning Signs
shall be maintained in a safe condition and may be repaired or
otherwise maintained provided the Sign structure is not moved,
altered or replaced; provided, however, that no repair or alteration
shall be made unless first approved by the City Commission, except
when an emergency repair is needed for preservation of public safety,
as certified by the Building Official and City Manager. Unauthorized
repair or alteration will result in the tennination of Non-confonning
status.
(e) Non-conformities created by amendments to this Sign SectiolL
Any Sign which becomes Non-conforming as a result of any
subsequent amendments to this Section shall be completely removed
LaDd Omlopm..' R'golarioD'
CityofA"D..n,F!orida
Page 9-22
901.12
901.13
1Ìom the premises, or altered to conform, not later than three years
1Ìom the date such Sign becomes non,conforming.
(f) Registration Required- All Non-conforming Signs that are not
registered with the City Manager, pursuant to a form that he/she shall
provide, within 90 days of the effective date of this Section are illegal
and shall be removed immediately and shall not be entitled to status
as lawful non-confomllng Signs.
Sign Maintenance
(a) !v!aintenance. All Signs shall be maintained in a safe,
presentable and good structural condition, which shall include the
replacement of defective parts, repainting, cleaning and other acts
required for the maintenance of the Sign. The area around the base of
the Sign shall be kept 1Ìee of weeds and debris. If a Sign does not
comply with the above standards, the City Manager may require its
removal in acco~dance with this Section.
(b) Dangerous or defective Signs. No person shall permit to be
maintained on any premises owned or controlled by himlher, any
Sign that is in a dangerous or defective condition. Such Sign shall be
removed or repaired by the owner of the Sign or the owner of the
premises.
Removal ofImDrooer Signs.
(a) Removal. The City Manager shall cause the removal of any Sign
in violation of this Section in accordance with the procedures set
forth in the City of Aventura Code Enforcement Section or as
otherwise outlined by law.
(b) Emergency. Notwithstanding the above, the City Manager may
cause the immediate removal of any Sign thai poses an immediate
danger to the health, safety or welíàre of the community. The City
Manager may cause the Sign to be made safe as an alternative to
removal. In either event, City personnel may enter onto premises,
with or without the property owner's consent, for emergency repair
or removal.
(c) Removal or repair costs. Costs incurred by the City in removal
or repair of a Sign shall be charged to the real property owner on
whose property the Sign is located. The City shall assess the entire
cost of such demolition, removal or repair, which assessment shall
include, but not be limited 10, all administrative costs, postal expenses
and newspaper publication costs. Such charge shall constitute a lien
upon such property. The City Clerk shall file such lien in the COMly's
official record book showing the nature of such lien, the amount
thereof and an accurate legal description of the property. No
occupational license shall be approved fOf such a property until the
full amolUlt associated with the lien, or the full amolUlt in the event
no lien has yet been filed, has been paid to the City by the property
owner.
LaDd Omlopm<Dt "'oola"oo,
City of Av<otm, Florida
Page 9-23
Section 902. Temporary Political Signs
Regulations regarding temporary political signs are outlined in Section 34-61 of the City of
A ventura Code.
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Lud Dmlopm.ot a.,olario..
City or A"ot.,", Floold.
Page 9-24
Chapter 10: LANDSCAPING REQUIREMENTS
Section 1001. Landscaping Requiremnets
100Ll
1001.2
1001.3
1001.4
Intent and Purpose. The purpose and intent of this article is to provide reguJation
for the installation and maintenance of landscaping and landscaped open space.
Trees and plants are integral and vital parts of the earth's ecosystem; they
conserve energy; they provide essential and desirable benefits to man, including
the production of life supporting oxygen, the reduction of carbon dioxide, the
filtering of dust and gaseous pollutants; they serve as a natural abatement to
noise pollution; they camouflage unsightly views; they provide shelter to birds
and wildlife; they enhance the value of property; they preserve open space; and
they maintain and improve the aesthetic quality of the City of Aventura, thereby
promoting the health and general welfure of its citizenry. In addition, it is the
policy of the City Commission that every effort sball be made to preserve and
maintain viable vegetation within the City of Aventura.
Applicability. The provisions contained herein sball be applicable to all projects
comprising new construction or substantial additions and alterations, except as
set forth in under Administrative Waiver. Also, if Landscape in excess of fifty.
(50) per cent of total site landscaping requires replacement, the entire property
sball be brought up to current landscape standards and requirements. This
provision regarding existing development sball be applicable to the greatest
extent reasonably possible as determined by the City Manager or designee. This
chapter establishes minimum standards and sball apply to all public and private
development when a building permit is required.
Administrative Waiver. Where the requirements of this article relate to the
improvement or the expansion of an existing vehicular use area or the changing
or expansion of an existing use or structure and where ~ €ef!aÍH requirements
are considered by the Community Development Director to be either impossible
or impractical to comply with unless portions of existirlg structures are removed
or by substantially reducing the number of required parking spaces, the
administrative relief from such requirement may be granted by the Community
Development Director, provided that the intent and purpose of this chapter is not
compromised.
Definitions. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascnòcd to them in this subsection, except where the
context clearly indicates a different meaning:
Automatic IrrigoJion System: An irrigation system with a programmable
controller including a rain sensor.
BufJer/Perimeter landscape: An area of land which is set aside along a
perimeter of a parcel of land in which landscaping is required to provide a
visual barrier or aesthetic transition between different land uses or to provide
a landscape area between the public right-of-way and the off-street parking
Land Develnpment R,gulations
City of Avontura, Florida
Page 10-1
area and to eliminate or reduce the adverse environmental impact, ill aM
incompatible land use impact.
Caliper: For trees under four (4) inches in diameter, the trunk diameter
measured at a height of six inches above natural grade, For trees four (4)
inches and greater in diameter, the trunk measured at twelve (12) inches
above natural grade.
City: City of Aventura, Florida.
Director: The DirectoLofCommunity Development of Aventura, Florida, or
designee.
Drip Line: An imaginary vertical line extending ITom the outennost
horizontal circumference of a tree's branches to the ground.
Dumpster: A refuse container of one (I) cubic yard or larger.
Grey Wood: The area of trunk on a palm ITom ground level to the palm
ITond sheath except where removal of branches is necessary to protect
property and public safety. The following trees are exempt ITom this section:
Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (poison
Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput
Tree), Acacia auriculifomris, Bischofia javanica, Araucaria heterophylla
(Norfolk Island Pine), or Thespesia populnea (Seaside Mahoe).
Ground cover: Plant material which normally reaches a maximum height of
not more than twenty four (24) inches.
HaJrm:king: To flat cut the top of a tree, severing the leader or leaders; or
pruning a tree by stubbing off mature wood larger than three (3) inches in
diameter; or reducing the tree's living canopy by more than one-third except
where removal of branches is necessary to protect property and public safety.
The following trees are exempt ITom this section: Schinus terebinthifolius
(Brazilian Pepper), Metopiurn toxiferum (poison Wood), Casuarina spp.
(Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia
Auriculifomris, Bischofia Javanica, Araucaria heterophylla (Norfolk Island
Pine), or Thespesia Populnea (Seaside Mahoe).
Haztlrd Pruning: The removal of dead, dying, diseased, weak or
objectionable branches in a manner consistent with the National
Arborist Association standards as incorporated herein.
Hedge: A landscape barrier consisting of a continuos, dense planting of
shrubs or trees or any combination thereof.
Landscaping maierial: Any of the following or combination thereof such as,
but not limited to: Grass, ground cover, shrubs, vines, hedges, and trees or
pahns.
Lawn area: An area planted with lawn grasses.
Moisture and rain sensor switch: Devices which have the ability to switch
off an automatic irrigation controller after receiving a predetermined amount
of rainfull or moisture content in the soil.
Mulch: Non-living organic materials customarily used in landscape design to
retard weed infestation, erosion, and retain moisture and for use in planting
areas.
Native plant species: Plant species with a geographic distribution indigenous
Laud Oevdopment Rogaladou,
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Pa". 10-2
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to all or part of Dade County. Plants which are descn'bed as being native to
Dade County in botanical manuals such as, but not limited to, "A Flora of
Tropical Florida" by Long and Lakela and 'The Biology of Trees Native to
Tropical Florida" by P.B. Tomlinson, are native plant species within the
meaning of this definition. Plant species which have been introduced into
Dade County by man are not native plant species.
NaJural or conservation area: An area, as identified in the city's
comprehensive plan, designated on the site plan containing natural
vegetation, which will remain undisturbed when property is fully developed.
Palms: Members of the Palmae fumiIy which are monocots characterized by
palmae or pinnate ITonds attached to a trunk with a ~ingle growing point
on each trunk. Palms may be single or multiple trunk.
Prohibiied plant species: Those plants listed in the Dade County landscape
manual which are demonstrably detrimental to native plants, native wildlife,
ecosystems or human health, safety, and welfàre, except as specifically
allowed as hedge material only and upon approval of the Director.
Protective Ba"ier: A temporary fence or other structure built to restrict
passage into an area surrounding a tree for the purpose of preventing any
disturbance to the roots, trunk or branches of the tree or trees.
Retention area: An area designed and used for the temporary or permanent
storage of storm water runofl; which may be either dry or wet retention as
defined below:
(a) Dry retention is an area which is designed for temporary storage of
storm water runoff and which is one (1) foot above the ground water level as
established by the Water Control District and has a maximum slope of4:1.
(b) Wet retention is an area which is designed for the permanent storage of
water and is at least one-half(1/2) acre in size, with an average width of not
less than one hundred (100) feet and a minimum depth of eight (8) feet below
ground water level as established by the Water Control District, with
maximum slope 4:1 extending down to a point five (5) feet below the low
water line.
Setback and yard areas: The ITont, side and'rear areas or yards as
established and required under these LDRs and within the zoning district
requirements applicable thereto.
Shrub: A self-supporting woody perennial plant, usually with several
permanent stems, normally growing to a height of thirty six (36) inches or
greater, characterized by multiple stems and branches continuous ITom the
base.
Tree: Any self-supporting woody perennial plant which, at maturity, attains
a trunk diameter of at least four (4) inches wbenmeasured at a point four and
one-half (4-1/2) feet above ground level and which normally attains an
overall height of at least twenty-five (25) feet, usually with one main stem or
trunk and many branches.
Tree abuse: Tree abuse shall include:
(a) Damage inflicted upon any part of a tree, including the root system, by
machinery, construction equipment, cambium layer penetration, storage of
Land Development Regul.tion,
City nf Aventun, FJonda
Page 10-3
1001.5
1001.6
materials, soil compaction, excavation, chemical application of spillage, or
change to the natural grade.
(b) Hatracking.
(c) Girdling or bark removal of more than one third (1/3) of the tree
diameter.
(d) Tears and sp1itting of limb ends or peeling and striping of bark resulting
ITom improper pruning techniques not in accordance with the current
National Association Standards.
Tree canopy: The aerial extent of the branches and foliage of a tree.
Vehicular use area: A hard surfàce area designed or used for off-street
parking and/or an area used for loading, circuJation, access, storage,
including fire trucks, garbage trucks, or display of motor vehicles.
Vines: Plants with flexible stems which normally require support to reach
mature form
VISual screen: A physical obstruction used to separate two (2) areas or uses
which are at least seventy-five (75) percent opaque. Visual screens shall be
living plant materia4 of natural or manmade construction material or any
combination thereof.
Xeriscape: A type of landscaping utilizing native plants and ground cover
that needs reduced water and little maintenance, which is detailed in the
South Florida Water Management District publication, Xeriscape, Plant
Guide II as amended, incorporated herein by reference.
Landscape Plan Required.
Prior to the issuance of a building permit or site plan approval, a landscape plan
shall be submitted to and approved by the Director of the Co=unity
Development Department. The landscape plan shall be drawn to a scale not less
than I" = 20' - 0". All landscape plans must be signed and sealed by a State of
Florida Registered Landscape Architect. or as determined by the Director or
designee. This plan shall clearly delineate existing and proposed buildings,
parking, driveways, or other vehicular use areas. The plan shall also designate
the name (botanical and common), size (height and spread), quantity, quality and
location of the plant material to be in.stalled, as well as the name, size, location,
and condition of viable, existing vegetation. The plan shall also include a
tabulation of required and provided plant materials. The use of xeriscape
principles in the development of this plan is strongly encouraged. No building
permit or site plan approval shall be issued unless such landscape plan complies
with the provisions herein.
Minimum Landscape Requirements for All Zoning Districts
(1) Tree Specifications
(a) Required trees shall be of a species which normally grow to a
rninimwn height of twenty-five (25) feet and have a mature
crown spread of not less than twenty (20) feet with trunks
which can be maintained with over six (6) feet of clear wood.
Emphasis is given to the use of native species.
Lond Den¡opment Regnlations
City of Aventun. Florida
Page 10-4
Other Plant Material Specifications
(a) Shrubs and hedges: Shall be of a self-supporting, woody,
evergreen species and shall be a minimum of two (2) feet in
height at time of planting. Hedges shall be planted and
maintained so as to fonn a continuous, solid visual screen, of
not less than three (3) feet in height, within one (1) year of
planting. Spacing of plants shall be no more than twenty four
inches (24") on centeLDouble staggered rows may be required
in some areas as determined by Director on Designee.
Ground covers: May be used in lieu of grass. Ground covers
shall present a finished appearance and reasonably complete
coverage at time of planting.
Lawn Grass: Shall be St. Augustine- 'Florntam' solid sod, or
other lawn type, as approved by the Director, reasonably fÌ'ee
of insects and noxious weeds.
Quality: Plant material shall comply with required inspections,
grading standards and plant regulations as set forth by the
Florida Department of Agriculture's "Grades and Standards of
Nursery Plants, Part I", latest revisions, and "Grades and
Standards for Nursery Plants, Part II for PaJrns and Trees", or
with superseding standards called for in these specifications.
Plants shall confonn to Florida No. I or better regarding:
L Shape and form.
2. Health and vitality.
3. Condition offoliage.
4. Root system.
5. Free fÌ'om pest and mechanical damaged.
(b)
(c)
(d)
(e)
(f)
(2)
(b)
(c)
(d)
All required trees shall have a minimum caliper or diameter at
breast height (D.B.H) of three (3) inches and be a minimlUll of
twelve (12) feet in height at time of planting. A list of
approved required trees is available fÌ'om the Director of the
Community Development Department.
Required paJrns shall be a minimum of fourteen (14) feet in
height and six (6) feet of gray wood.
No more than forty (40) percent of all required gray wood
trees shall be of a palm species, as determined by the Director
or Designee.
Three (3) palm trees shall be clustered to equal one (I)
required tree: the three palm trees in the cluster shall be of
differing heights, with a minimum three (3) foot stagger
between adjacent paJrns, but, in no case smaller than fourteen
(14)feet in height. Roystonea sp.(Royal Palm) and Phoenix
sp.(Date Palm) may have matching heights. Such clustering
shall be determined by Directoror Designee
It is prohibited to paint the trunks oftrees or paJrns.
Laod nov<lopmnnt R<gularion,
City of Av<nton, Florida
Page 10-5
(3)
(e)
6. Heavily branched and with dense foliage.
(f)
Mulch: All exposed soil areas in planting beds, including hedge
rows, shall be kept weed ITee, and mulched to a minimum three
(3) inch depth (excluding seasonal color beds). Mulch should
be replenished, as needed, to meet this requirement. The use of
shredded and composted Melaleuca, grade B mulch is
encouraged.
Vines: Shall be not less than twenty-tòur (24") inches in height
at time of planting and may be used in conjunction with fences
or walls. Where required, support vines with a trellis or other
suitable support system that allows the vines to grow to the top
ofthe fences or walls.
Installation
(a) Planting methods: All plant material shall be installed following
accepted planting procedures as defined by the American
Association of Nurserymen and The Florida Nurserymen and
Growers Association.
Curbing: Landscaped areas, walls, structures, and walks shall
require protection ITom the encroachment or overhang of
vehicles. A continuous concrete curbing not less than 6" in
height, as approved by the Director or Designee, shall be
installed to prevent such encroachment.
Existing plant credit: In instances where healthy plant material
exists on-site (particularly native or xeriscape species), the
Director or Designee may adjust the requirements of this article
to allow credit for such plant material it; in his opinion, such an
adjustment is in keeping with and will preserve the intent of this
article.
Pennit requirements: A landscape permit will be reqillred prior
to installation.
(b)
(c)
(d)
Irrigation
All newly landscaped areas shall be provided With a fully automatic
underground irrigation system that provides one hundred (100) per cent
coverage to all landscaped areas. The irrigation system should be
designed to provide only the required water to sustain viable plant
material. The use of a porous, pipe subsurfuce irrigation system that
reqillres low water volume and pressure is encouraged when adjacent to
vehicular roadway areas.
(a)
The operation of an irrigation system during periods of heavy
rainfàll is prohibited and shall conform to standards and
regulations as established by the South Florida Water
Management District. Irrigation controllers shall be switched
(4)
Land Develnpment Regulorion.
CitY of A..ntura, Florida
p. oe 10-6
Maintenance
(I) General. In all districts, the owner, or his agent, [¡ball be responsible for
the maintenance, in perpetuity, of all landscaping material in good
condition so as to present a heillthy, neat, and orderJy appearance and
clear of weeds, refuse and debris. Landscaping material shalI be
trimmed and maintained so as to meet all city, county or state site
distance requirements.
Failure to Conform or Maintain. If at any time after the issuance of a
Certificate of Occupancy, any landscaping material is found to be in
non-confoanance, including, but not limited to, dead or dying plant
material, notice sball be issued to the owner or his agent that corrective
action is required to be in compliance with MUs article. Such notice
sball descn'be what action is necessary to compJy. The owner or his
agent sball have a time period, as set forth by the Code Compliance
Division of the Community Development Department, to fulfill the
landscaping requirements. Failure of compliance within the allotted
time sball be considered a violation of this ordinance and sball subject
the property owner to fines as determined appropriate, by the Special
Master of the City of Aventura.
Tree Hatracking. It sball be unlawful for' any person, firm or city
department to hatrack any tree.. Trees severeJy damaged by storms or
other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical, may be exempted 1Ì"om
this section at the detennination of the Community Development
Director.
Edging. Edging sball be accomplished in such a manner so as not to
1001.7
(2)
(3)
(4)
(b)
to manual operation dwing periods of increased rainfall. Use
of rain gauge sensors is required.
For purposes of water conservation and good horticultural
practice, sprinkler heads irrigating lawns or other high water
demand landscape areas sball be circuited so that they are on a
separate zone and schedules 1Ì"om those irrigating trees,
shrubbery or other reduced water requirement areas.
Landscape irrigation systems sball be designed so that, to the
greatest extent practical, water being applied to non-pervious
areas is eliminated. .
(c)
(d)
Use of non-potable water for use in the irrigation of lawn and
plant material is required when detennined to be available.
(e)
Existing developed properties. which receive three or more
code violations in a twelve (12) month period for landscaping
which in the opinion of the city are attnoutable, wholly or
partially, to lack of proper watering sball be required to install
an irrigation system.
Laod Development Regulations
City nr Aventun, Florida
Page 10-7
t
1001.8
(5)
destroy landscaping material.
Fertilization. Fertilize landscaping material, as needed, to maintain
healthy, viable growth. Apply appropriate fertilizer to avoid symptoms
of chlorosis and trace element deficiency. Use of environmentally safe
fertilizer is required. Application of fertilizer must conform to
manufàctuters specifications.
Tree Removal PeIDÚt. No existing tree on the site having a trunk diameter of
three (3) inches or greater, except for SchinU5 terebinthifoliU5 (Brazilian Petter),
Metopium toxifenun (poison Wood), Albizia Lebbeck (Woman's Tongue),
DaIbergia Sisoo (Indian Rosewood), Thespesia Populnea (Seaside Mahoe),
HibiscU5 Tilliaceus (Mahoe), Casuarina spp. (Australian Pine), Melaleuca
quinquenervia (Cajeput Tree), FiCU5 Benjarnina (Weeping Fig), Ficus Nitida
(Laurel Fig) species, Acacia Auriculiformis (Earleaf Acacia), Bishoffia Javanica
or Araucaria heterophylla (Norfolk Island Pine) shall Bet be removed or
relocated without a permit ITom the Community Development Department of the
City. In evaluating whether to grant a tree removal permit, the Director or
Designee shall consider the size, species (native or not), health, rareness and age
of the tree. A tree survey identifYing all existing trees over three (3) inches in
diameter shall be included with any building permit application. This survey
drawing shall be overlaid directly upon the site plan sufficiently to provide the
accurate location of all existing trees which are proposed to be destroyed,
relocated, or preserved, the botanical and common name of each tree, and the
diameter, height and canopy spread of each tree. In addition, all applicable
portions of Dade County Tree Protection Ordinance #89-8 are adopted herein.
Applicability of the Dade County Ordinance shall be as detennined by the
Director or designee.
1001.8.1
Protective Barrier. During site development, trees designated for
preservation shall have protective barriers placed around each tree or
cluster of trees at the drip line, or a minimum of six (6) feet (in
radius) ITom the trunk whichever is greater, Hom the trunk of any
protected tree. In addition, no excess soil, fill, equipment, buildIDg
materials or building debris shall be placed within the areas
surrounded by protective barriers.
Relocation Standards. Trees that are to be relocated shall be
consistent with the following minimum standards:
1001.8.2
(a)
Tree roots shall be severed a minimum of six weeks prior to
relocation and in such a manner to provide a root ball which
is sufficient to ensure survival of the tree when relocated.
(b)
After relocation, tree(s) shall be watered a minimum of 3
times per week until tree(s) are established.
(c)
Any tree that dies or becomes nonviable within (6) months
Land Develnpmeot Regol.ôoos
co, . 01 Av, .," F ..
Page 10-8
1001.8.3
of relocation shall be replaced with a comparable species
and size, as determined by the Director or Designee.
Tree Removal Authorization. A tree removal may be authorized
when one of the following conditions exist:
(a)
(b)
(c)
It is determined by the Director or Designee, that tree
relocation is not feasible.
An equivalent tree canopy is replaced on the same site. The
owner or his agent will be responsible for replacing any tree
that dies with a tree of comparable species and size, as
determined by the Director or Designee.
The tree to be removed is examined by the Director or
Designee, and is detennined to be dead, severely damaged,
or a safety hazard. Al1 tree removal requires a tree pennit
application.
1001.9 Minimum Design Standards. The followmg shall apply to all developments
requiring site plan or pennit approval except for single and two-family dwellings:
1001.9.1 Landscape Plans. Landscape plans shall be prepared by, and bear the
seal of; a landscape architect licensed to practice in the State of
Florida, or by persons authorized to prepare landscape plans or
drawings by Chapter 481, Florida Statutes. Landscape plans shall be
submitted with the initial master plan for the development.
1001.9.2
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Perimeter Landscape Requirements. Adjacent to any street right-of-
way, plus along the perimeter of all vehicuJar use areas, there shall be
a continuous buffer strip of not less than seven (7) feet in width.
These buffer strips shall include at least one (1) tree for each thirty
(30) linear feet, or portion thereof; of perimeter. Where these buffer
strips abut a vehicuJar use area, there shall be installed a hedge, benn,
or other durable landscaped visual barrier, of not less than three (3)
feet in height and solid within one (I) year of planting. Where the
vehicuJar use area is highly vistòle fÌ'om the public right-of-way, a
double row of hedge may be required by the Director or Designee.
Sod or ground cover with irrigation. shall be installed to the edge of
pavement. The following are exceptions to the perimeter landscape
requirements:
(a)
(a)
Unleas otherwise specified elsc..,mere in the regulatioHS
Access drives: Necessary accessways shall be pennitted
to traverse required perimeter buffer strips.
Land Development Regulatioos
c;ty of AveoWn, Florida
Page 10-9
I
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1001.9.3
(b)
Abutting a right-of-way but no vehicular use area: Buffer
strips of not less than seven (7) feet in width shall require
continuous hedges and one (I) tree for every twenty-five
(25) feet.
(c)
Abutting another vehicular use area: Accessways may
traverse required buffer strips along common interior lot
lines when said accessways improve overall vehicular
circulation within and between abutting properties.
(d)
Abutting a residential district: Buffer strips of not less than
seven (7) feet in width shall include a continuous solid wall,
hedge, or other barrier vegetation, and one tree every
twenty-five (25) feet. All walls adjacent to a public roadway
are to be located in order to allow vegetation and/or a vine
to screen the wall for anti-grafitti purposes. In addition,
grass or ground cover shall be planted in the remaining open
space of this buffer.
Interior Landscape Requirements. Wrthin the interior of any vehicular
use area (total area less required perimeter buffer strips), the
following shall be required:
(a) When the interior of any vehicular use area is designed for off-
street parking purposes, the following shall be provided:
(I) Terminal Islands: Contiguous rows of parking spaces
shall be terminated on both ends with landscaped islands with
not less than seven (7) feet in width (excluding curbing), and
with a minimum of one (I) tree per each island. The ends of
such islands may be tapered to accommodate vehicle
circulation. Such islands shall extend the entire length of the
parking space and include at least <1ne (I) tree for every one
hundred (100) square feet, or portion thereot; of said island.
The remainder of the terminal island shall be well landscaped
with grass or ground cover.
(2) Interior islands: Landscaped interior islands shall be
seven (7) feet in width (excluding curbing) and not less than
ninety (90) square feet each in area and shall be placed within
individual rows of contiguous parking spaces so that there is
not less than one (I) island for every nine (9) parking spaces,
or portion thereof and shall continue the full length of the
contiguous parking space. At least one (I) tree shall be
planted in every interior island and the remainder of the island
shall be landscaped with grass or groUDd cover. Interior
islands should not be placed directly opposite each other
Land Development Regulation.
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when in abutting parking rows. Any arrangement which
creates a nomegimented appearance, relieves monotony,
increases tree canopy and fulfills the requirements of this
article may be approved by the Director or Designee.
Where any row of contiguous parking spaces is located so as
to abut another row of contiguous parking spaces, a
landscaped divider median of not less than seven (7) feet
(excluding curbing) in width shall be required between
contiguous rows.
Divider medians: Where any row of contiguous parking
spaces is located so as to abut an interior driveway rather
than another row of contiguous parking spaces, a landscaped
divider median of not less than seven (7) feet (excludillg
curbing) in width shall be required between said row and the
abutting driveway. At least one (I) tree shall be planted for
every twenty-five (25) lineal feet of said median and the
remainder of said median shall be landscaped with grass or
ground cover.
(b) When the interior of any vehicular use area is designed
primarily for purposes other than off-street parking, such as for drive-
in or drive-thru banking or retailing, the drive-thru lane shall be
separated ITom other vehicular use areas for it's entire length, with a
five (5) foot wide (excluding curbing) landscaped area planted with
one (1) tree for every twenty five (25) linear feet, and with Jawn grass
or ground cover. The portion of the drive-thru lane that is adjacent
to the primary structure shall have a minimum three (3) feet wide
landscaped area between the structure and the drive-thru lane, or as
detennined by the Director or Designee.
Landscape Requirements for Non-vehicular Use Areas. Develop a
landscape plan that beautifies, provides shatle, and complements the
architecture of the adjacent building, subject to the approval of the
Director or Designee.
Clear Sicl1t Triangles Vision Clearance.
(a)
When an accessway intersects a public street or alley
right-of-way, or another accessway, or when the vehicular
use area is contiguous to the intersection of two (2) or
more public rights-of-way, all landscaping within the
triangular areas created by such intersections and defined
below shall provide unobstructed vision clearance at an
elevation of thirty (30) to eight (8) feet in height. Vision
clearance requirements shall comply with American
Association of State Highway & Transportation Officials
Land Developm<ot Regulaôoo.
City of AveotnTO, Florida
Page 10-11
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1001.9.6
1001.9.7
1001.9.8
1001.9.9
(AASHTO).
(b)
Trees having over six (6) feet of clear tnmk with limbs and
foliage trimmed in such a manner as not to extend into the
vision clearance area shall be permitted, provided they in
no way create a traffic hazard. No landscaping elements,
except for grass, ground cover, or hedges shall be located
nearer than five (5) feet to any accessway intersection of a
public road.
(c)
Intersection of two (2) public streets: The vision
clearance area shall be the triangular area fonned by the
intersection of the two (2) streets beginning at the point
where property lines meet at the corner, or in the case of
rounded property comers, the point at which they would
meet without such rounding, and then extending twenty-
five (25) feet along each property line. The vision
clearance area shall be where the two (2) furthennost
points are connected by a diagonal line.
(d)
Intersection of any alley or accessway with a public street,
or with another alley or accessway area at such
intersections shall be as defined above, except that the two
(2) equal sides of the trianguJar area shall be fifteen (15)
feet in length.
(e)
Where City, Dade County or Florida Department of
Transportation (FDOT) roads are involved, meet all City,
Dade County, or FDOT design criteria reJated to highway
safety for all Jandscaping material
Required Landscape or Pervious Areas. Not more than sixty (60)
percent of such areas sball be grass. The baJance shall be ground
cover, shrubs, or other suitable landscape material
DumIJsters. All dumpsters sball be completely screened 1Ìom view 1Ìom
the adjacent properties and the public right-of-way by the use of walls
or fences and landscaping material, subject to the approval and
standards as established by the Director or Designee.
Retention Areas. Retention areas sball be landscaped with suÌtable
planting material so as to create an aesthetically pleasing appearance,
subject to the approval of the Director or Designee.
Drive- Thru. Drive-thru or loading areas shall be screened 1Ìom view
1Ìom the adjacent properties and the public right-of-way by the use of
La.d Dnv.lopm,ot R'gulatio.,
City.f Avo.tu", Flodda
Pape 10-12
landscaping material, subject to the approval and standards as
established by the Director or Designee,
Land Developmnnt Regularino.
City or Aventun, Flodda
Page 10-13
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Chapter 11: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY
Section 1101. Development Standards
All development shall confoan to the specific requirements ofthe appropriate zoning dìstricts and shall
comply with the standards contained in this Chapter and other regulations outlined in the LDR. These
standards shall be considered to be mirrirnwn requirements and mav be exceeded bv the property
owner. In considering development plans, the Community Development Department, and City
Commission shall be guided by the standards set forth hereinafter.
Laod Dovdopmiot R,golarioo.
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Section 1102. Subdivision Design Standards
In considering plans for the subdivision of land, the appropriate review bodies shall be guided by the
standards set forth hereinafter. These stanàafds shall be considered to be minimlHll requirements.
1102.1
General
1102.1.1 Character of Land. Land to be subdivided shall be of such character
after development that it can be used safely for the intended purposes.
witooHt ffimger to health or peril ÍÌ"om fire, flood or other menace.
1102.1.2
Conformity to the Trafficways Plan. and the Comprehensive Plan.
Subdivisions shall confonn to the Trafficways Plans and shall be ÍB
fla.£meny consistent with the City's Comprehensive PIan. Trafficways
shall confonn to the criteria and characteristics established by and
shown on the Trafficways Plan.
1102.1.3 Specifications for Required Improvements. All required subdivision
improvements shall be constructed or installed to confonn to the City
specifications.
1102.1.4
1102.1.5
Street Capacities. Street capacities shall be detennined by the
standards established ill by the current edition of the Highway
Capacity Manual prepared by the Transportation Research Board of
the National Research Council, Washington, D.c. and shall meet the
3ffl¥Ïèe-a 1.0.S. adopted by the Comprehensive PIan.
Sidewalks. Sidewalks shall be provided on both sides of a public or
private street right-of-way. All interior private sidewalks shall connect
with the sidewalks in the right-of-way. Handicap Ramps not
exceeding a slope of I foot vertical to 12 feet horizontal shall be
provided at all intersections.
1102.1.6 Traffic Engineering Standards. The more stringent of either the
Florida Department Of Transportation or Miami Dade County Traffic
Engineering Division Regulations shall apply in all cases.
1102.2
Street Lavout
1102.2.1
Width. Location and Construction. Streets shall be of sufficient
width, suitably located, and adequately constructed to accommodate
the prospective traffic at the adopted level of service identified in the
City's Comprehensive Plan, and to afford access for fire fighting and
road maintenance equipment.
1102.2.2 Arrangement. The an-angement of streets shall be such so as to
Land Pr..lopmrot Rrgulatioos
City of Avootun, Florida
Pape 11-2
1102.3
1102.2.3
1102.2.4
compose a fimctional system which provides safe and adequate
access to and fÌom private property. ünd wbi£h CatJ5eS IlO undue
hardsflÏIJ to aèjoiHing pmperty. The arrangement of streets in the
subdivision shall provide for the continuation of arterial and collector
streets of adjoining subdivisions, and for proper projection of arterial
and collector streets into adjoining properties which are not yet
subdivided, in order to take into account pessible necessary fire
protection, movement of traffic and the construction or extension of
needed utilities and public services.
Access to Streets. Development projects shall be designed to
maintain a hierarchy of street access so that the interior of
development parcels are served by local streets or parlGng lots, local
streets and parking lots shall be connected to collector streets or
arterial streets where permitted, and collector streets shall be
connected to arterial streets or other collector streets as provided for
herein.
Drivewav Access. Residential lot driveways shall only access local
streets. Residential parlGng lots may access local, collector or arterial:
streets provided adequate turn lanes and vehicle storage areas are
provided and the street being accessed has sufficient capacity to
accommodate the traffic. Non-residential development shall only
access collector and arterial streets. The minimum spacing between
driveways shall be as provided for in Chapter 8, Driveway Standards.
1102.2.5 Local Streets. Local streets shall be so laid out that their use by
through traffic will be cliscouraged.
1102.2.6
Street Connections. Non-residential development with parking for
twenty (20) or more vehicles and residential property with twenty
(20) lots or more shall have connections with at least two (2) publicly
accessible streets which shall exist prior to the issuance of certificates
of occupancy. In lieu of the two (2) required connections, one (1)
connection may be permitted if adequate provision for emergency and
service vehicles is provided.
Minimum IntersectionS pacing
1102.3.1
Local Street Intersections with Collector and Arterial Streets. Local
street or cul-de-sac openings into collector streets shall be a minimum
distance of 660 feet fÌom another intersection, or in the case of a T-
type intersection, a minimum distance of 330 fèet fÌom any other
intersection. Local streets and local dead-end streets may not
intersect an arterial unless unavoidable in which case the local street
may intersect an arterial only if aligned with and extending an existing
Land D.v,lopm.nt Rognlaöons
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Laod Developmnnt Regulatioos
City or Aveolu", Flocìda
1102.3.2
1102.3.3
Street Design
1102.4.1
local street which intersects the arterial or is a minimum of 660 feet
from another minor or collector street intersection with the arterial,
and is a minimum of 760 feet from the intersection of two arterial
streets.
Collector Street Intersections with Arterial Streets. A collector street
or collector dead-end street may intersect an arterial if aligned with
and extending an existing or planned collector which intersects the
arterial or is a minimum distance of 1320 feet ITom the intersection of
an existing collector and the arterial, and is a minimum distance of
1420 feet ITom the intersection of two (2) arterial trafficways.
Intersection of Two Collector Streets. A collector street may
intersect another collector but only if aligned with and extending an
existing or planned collector or is a minimum distance of 660 feet
ITom any other intersection of the collector.
Geometric Desif?Xl of Street. The geometric design of streets shall
conform to the minimum standards established by the Manual of
Uniform Minimum Standards for Design, Construction and
Maintenance for Streets and Highways, prepared by the Florida
Department of Transportation and A Policv on Design of Urban
Highwavs and Arterial Streets prepared by the American Association
of Street Highway and Transportation Officials (AASI-ITO).
1102.4.2 Street JOgS at Intersections. Street jogs with center line offsets ofless
than 125 feet shall not be permitted.
1102.4.3
1102.4.4
Angle of Intersection. In general, all streets shall join each other so
that for a distance of at least 100 feet the "street is approximately at
right angles to the street it joins. 1bis requirement may be modified
for the intersection of two local streets if it can be shown that an
alternate design will meet minimum safe site distance requirements.
Widths of Rights-of-Way. The paved portion of the right-of-way
Streets shall have the minimum widths as specified in Table 1102-1-
When not ffièi€ateè fimctionally classified by the FOOT, the
classification of streets shall be determined by the Community
Development Director. The actual width of a right-of-way shall be
determined based on the ultimate cross section design needed to
accommodate the projected level of traffic at the adopted level of
service. Additional right-of-way may be required for a bicycle lane, in
compliance with a City or County bicycle circulation plan.
Page 11-4
TABLE 1102-1
Widths of Public and Private RÏ2hts-of-Wav
Street Type
Minimum
Rights-of-Way
Ultimate
Traffic Lanes
Sidewalk
Width'
----------------__----0______-------------__----0_____------------------0______-------------------
Arterial Street 106 ft. 6 6 feet
4 Lane Collector &]0 ft. 4 5 feet
2 Lane Collector 60 ft. 2 5 feet
Local Street 50 ft. 2 4 feet
1 A pedestrianlbicycle path which is a minimwn of six (6) feet wide and constructed within an
easement adjacent to the right-of-way may be used in lieu of the required sidewalk on that side
of the right-of-way.
1102.4.5
1102.4.6
Public Utility Easements. Where conditions are 5liCfl as to rnaké
impractical fuF the inclusion of utilities within the street right-of-way,
perpetual easements with satisfuctory width and access, as determined
by the City, shall be required. Wherever possible, easements shall be
continuous ITOm block to block and shall present as few irregularities
as possible. Side yard easements containing underground pipes are
discournged. However, in such cases when necessary said easements
shall be detennined by the CoIIJIIIW1Ìty Development Director. Such
easements shall be cleared, demucked, and graded where required.
Underground Utilities. All fucilities for the distnòution of electricity,
telephone, and cable television shall be installed underground in new
subdivisions. Appurtenances such as trañsformer boxes, pedestal
mounted terminal boxes and meter cabinets may be placed above
ground on a level concrete slab and shall be located in such a manner
to minimize noise effects upon the surrounding properties. Such
appurtenances shall be landscaped in accordance with the landscape
requirements outlined in this code. Street lighting poles and fixtures
may be placed above ground. Primary transmission lines carrying in
excess of7,OOO volts single phase or 12,000 volts three phase may be
suspended above the surface.
New pole lines located within or adjacent and parallel to a road right-
of-way which serve new developments shall be constructed of
reinforced concrete. At the time of development the City shall
require replacement of existing wood poles with concrete poles. The
City Manager may waive this requirement if an undue hardship would
Land D..,lopm,ol R'gnlario",
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result fi"om this requirement.
1102.4.7
Grades. Longitudinal slopes of all streets shall conform in general to
the Department of Transportation standards for arterial, collector or
local streets. Grades shall be approved by the Co=unity
Development Director.
1102.4.8 Curve Radü at Local Street Intersections. All-local street right-of-
way lines at intersections shall be rounded by curves of at least 25-
feet radius.
1102.4.9
Dead-End Streets (Cul-de-sacs). Dead-end streets exceeding 150
feet, shall have a turning area and be of a type and size approved by
the Co=unity Development Director. Dead-end streets exceeding
300 feet shall tenninate in a circular turn-around having a minimum
right-of-way radius of 50 feet and pavement radius of 40 feet. At the
end of temporary dead-end streets a temporary turn-around with a
pavement radius of 38 feet shall be provided, UIÙess the Co=unity
Development Director approves an alternate arrangement.
1102.4.10 Watercourses. When a street is proposed to abut any canal, or a
water body, provision shall be made for adequate safe vehicular
recovery area between the ultimate edge ofrigbt-of-way and the edge
of water. The distance :trom the outside edge of the ultimate right-of-
way to the edge of water shall be no less than 50 feet for roads with a
design speed of 50 MPH or greater and 40 feet for roads with a
design speed less than 50 miles per hour. A guardrail shall be
required for Jakes and canals where it is not possible to maintain these
required minimum distances.
1102.4.11 Curve Radü. In general, street lines within a block, deflecting :trom
each other at anyone point by more than 10 degrees, shall be
connected with a curve, the radius of which for the centerline of street
shall not be less than 400 feet on arterial streets, 200 feet on collector
streets and 100 feet on local streets.
1102.4.12 Private Streets. It is the policy of the City to discourage private
streets. However, private local streets may only be permitted by the
City when the design and construction of such streets meets or
exceeds the minimum standards and specifications as outlined or
refeITed to herein for public streets; and when a method suitable to
the City is established for the perpetual maintenance of said private
streets by developer or by the development's homeowner's
association, and with the provision of a pennanent access easement
for service and emergency vehicles, maintenance and repair of public
and semi-public utilities and common area improvements. Sidewalks
Land Development Regulation,
City of Ave.tura, Florida
Page 11-6
and setbacks along private streets shall be from the theoretical right -
of - way line. Notwithstanding anything to the contrary in this Code,
no private streets shall be pennitted by the City unless the owner of
the private streets executes an agreement with the City whereby the
City is authorized to enforce the City's traffic and parking ordinances
and regulations over the private roads.
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1102.4.13 Street Lights. Installation of street lights shall be required in
accordance with design standards of Florida Power and Light and an
approved site plan. and sba!! be approved by the Director of
Community Services.
1102.4.14 Inverted Crowns. Inverted crown roadways shall not be pennitted on
public or private streets. This limitation shall not apply to private
parking lots or private driveways within multitàmily development.
1102.5 Addresses.
1102.5.1
Type of Name. All streets shall be numbered or named in accordance
with a numbering system approved by the U.S. Post Office and
Community Development Director. All streets shall have a sign
displaying the street number or name. Street signs shall have
reflective type lettering meeting Millmi-Dade County standards.
1102.6 Lots.
1102.6.1 Lots in Confonnance with Zoning District. Lots shall be subdivided
in confonnance with the applicable zoning district's development
standards.
1102.6.2 Side Lines. All side lines of lots shall be at right angles to straight
street lines and radial to curved street lines"
1102.6.3 Driveway Access. Driveway grades and access shall conform to City
specifications and the requirements of this Section.
1102.6.4 Frontage on Curve or Cul-de-sac. The minimum arc frontage for lots
abutting the turnaround of a cul-de-sac shall be twenty-five (25) feet
for residential uses and sixty (60) feet for non-residential uses.
1102.7 Storm DnJinmve and Water MatJagement Design Standards.
1102.7.1
Minimum Elevation (Center Line of Street). The minimum elevation
(center line of street) shall be as established in compliance with the
Miami-Dade County Environmental Resources Management and
subject to the approval of the Community Services Director.
Laod Development Regulation,
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1102.7.2 Minimum Elevation ofBuilding Pads,
(I) The minimrnn elevation of the lewest habitaBle Heor
'.~thifl the areas of speeilli flood hazard identified by the
Federal Emergency Management .'\gene)' in its Fleod
IrouraBee Rate Maps shall be determined by Miami Dade
Coœty Emironmental ResoUf£es M:"ma¡:;emeÐ:t and
comply with the Cit}'s adopted criteria fur Floodplain
ManageffiCflt.
(2) The minimum e1evation of the lewes! habitable floor
outside the areas of specilli flood hazard identified by the
Feàeral Emergeney MønHECfOOnt .',geney in its Flood
lnsuræJ£e Rate Maps shall be elevated to 18" aOOve the
adjooeBt road crown e1e'iation.
1102.7.2 Specific Standards For Flood Hazard Reduction. In all areas ef
special Heod ",,7Hrd where base flood elevation data has been
provided, the following provisions are required:
(a) Residential Construction. New construction or substantial
improvement of any residential structure shal1 have the
lowest floor, including basement, elevated no lower than
one (I) foot above the base flood elevation or 18 inches
above the highest point of the adjacent road crown
elevation, whichever is higher. as determffied by Miami
Dade County EB'áro_tal ResoHfces Management.
Should solid foundation perimeter walls be used to elevate
a structure, openings sufficient to fucilitate the unimpeded
movements of flood waters shall be provided in
accordance with the standards of subsection ( c) below.
(b) Non-Residential Construction. New construction or
substantial improvement of any commerciaJ, industrial, or
non-residential structure shall have the lowest floor,
including basement, elevated no lower than one (I) foot
above the level of the base flood elevation or ~ Ii inches
above the highest point of the adjacent road crown
elevation, whichever is higher. Structures located in all A-
zones maybe flood-proofed in lieu of being elevated
provided that all areas of the structure below the required
elevation are water-tight with walls substantially
impermeable to the passage of water, and use structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and the effect of buoyance. A
Land Devclopme.t Reg.lano.s
City.r Ave.tun. Florida
Page 11-8
(c)
(d)
(e)
(f)
(g)
(h)
registered professional engineer or arclritect shall certifY
that the standards of this subsection are satisfied. Such
certification shall be provided to the City as set forth in
subsection (c) below.
Elevated Buildings. New construction or substantial
improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the base flood elevation shall be designated to
preclude furished living space and designed to allow for
the entry and exit offloodwaters to automatically equalize
hydrostatic flood forces on exterior walls.
Designs for complying with this requirement must either
be certified by a professional engineer or architect or meet
the following rninirmun criteria:
(1) Provide a minimum of two (2) openings having
a total net area of not less than one (1) square inch for
every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher
than one (I) foot above grade; and,
(3) Openings may be equipped with screens,
louvers, valves or other coverings or devices provided
they permit the automatic flow of floodwaters in both
directions.
Electrical, plumbing, and other utility connections are
prohi.òited below the base flood elevation;
Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or
limited storage or maintenance equipment used in
connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and
The interior portion of such enclosed area shall not be
partitioned or finished into separate roOIDs.
Floodways. Lands located within areas of special flood
hazard, are designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and bas
erosion potential, the following provisions shall apply:
Land Dov,lopmeot Regulanoos
C" " 'Ay 'S F .'
P,...l1-Q
(1) Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting
technical data) by a registered professional engineer is
provided demonstrating that encroachments shall not
result in any increase in flood levels during occurrence of
the base flood discharge.
1102.7.3
Storm Water ManaJ2ement. All stormwater drainage systems shall be
designed in accordance with the requirements of the Miami-Dade
County Environmental Resources Management, the South Florida
Water Management District's permit manual "Management and
Storage of Surfàce Waters", latest edition and the City's Floodplain
Management criteria.
Land Development Regolntion.
O<y of Avent.." Florid.
Page 11-tO
Section 1103. Architectural Design Standards.
1103.1
1103.2
1103.3
Design Concepts. The principles set out below are not intended to limit
innovative architecture, but to establish a meaningful design guide for
development and redevelopment in the City of Aventura. All development shall
be designed in accordance with the fundamental concepts descnlJed in this
Section. The fundamental design concepts shall include:
(a)
The design of architecturally varied structures within planned
developments through the use of building massing, varied roof-
scapes, varied window design, ornamentation and color;
(b)
The linkage of landscaped exterior spaces (courtyards, loggias,
arcades and plazas) to buildings;
(c)
The linkage of separate development parcels by pedestrian and
vehicular connections;
(d)
The recognition of the South Florida climate which should influence
building shape and orientation, nature of roofS and overhangs and the"
location and size of windows; .
(e)
The identification of individual sulxlivisioDS by utilizing signage; "
(f)
The use of private common open space as a community design
feature; 'and
(g)
Preservation of view corridors and pedestrian access to waternont
areas.
Pedestrian Orientation. All non-residential and muhifamily development shall
contribute to the creation of a pedestrian oriented co~unity by providing the
following:
(a)
Emphasis on the buildings' street fàcades as major
elements of the overall street-scape;
(b)
Street level architectural treatment including colonnades, arcades,
awnings, and other shade producing elements should be provided
along all pedestrian-oriented frontages; and
(c)
Pedestrian oriented frontages shall be adjacent to building entrances
and integrated with adjacent properties.
Minimum Design Standards.
Laod Dovelopm,ot R'gol.tioo.
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l!O3.3.1 Non-Residential Development. All non-residential development shall
be consistent with the traditional architecture and design themes of
South Florida including the following:
(a)
(b)
(c)
(d)
(e)
(t)
(g)
New buildings shall be designed in a manner that is
compatible with the adjacent building fonn ffi.-.heig!¡! and
scale.
Recognition of the scale and character of adjacent
structures or developments, including continuation of
existing fàcade treatment or expression lines, and the use
of similar finish rnateriaJs.
Roof materiaJs shall consist of metal (flat or standing
seam); flat tile; barrel tile or masonry rnaterials. This
requirement shall not apply to flat roofS with a parapet
wall
All mechanical equipment (including roof-mounted
equipment) shall be screened with materiaJs consistenr
with those used in the construction of the building. The
screening material and structure sball be architecturally
compatible with the building. The screening shall be high
enough so that the equipment is not visible :trom any
adjacent public right-of-way and designed so that the
equipment is well concealed :trom adjacent properties.
Pedestrian circulation systems shall be barrier-:tree and
provide alternative ramps in addition to steps consistent
with American Disabilities Act (ADA) requirements.
All sides of any non-resideñtial structure shall have
compatible facade and roof treatments.
All dumpsters and trash handling areas shall have a
concrete slab, and finished concrete block or masonry
wall, as provided for in these regulations, and be
landscaped in accordance with these regulations.
Dumpsters shall be oriented in a logical fàshion so as to
mIDimize truck maneuvers. Enclosures sball be finished
with similar materiaJs and colors as the principal structure.
1103.3.2 Residential Development. All residential development shall adhere to
the following standards:
(a)
Minimum Roof Standards - Pitched roofS shall have a
L..d Dovelopmoot Rogulanoo,
City of Aveo,"ra- Florida
Page 11-12
minimum pitch of 4: 12. Deviation ITom the minimum may
be approved for gambrel and similar type roof>. Pitched
roof> shall be constructed of flat, or barrel cement or clay
tile, split cedar shakes or slate, all as defined by co=on
usage in Miami-Dade COooty, Florida. Cedar shingle and
asphalt shingle roofS are not permitted on any principal
residential structure permitted after the effective date of
this code. Flat roof> may be pennitted if the flat roof area
does not comprise over twenty - five (25) percent of the
total roof area. Such flat roofS ~ may-èe permitted
over porches, Florida rooms, and utility rooms located to
the rear of the dwelling unit.
(b)
Driveways within all RS Zoning Districts shall be
constructed of portland concrete at a minimum Asphalt is
not permitted.
(c)
Architecture and site development should ineorporate
consideraâea ef-the subtropical characteristics of the area.
The provision of soo-control devices, shaded areas,-
vegetation, roof terraces, and similar features
characteristic of subtropical design is encouraged.
(d)
Open space for muhi-family dwelling units should be
located and designed to maximize its utility to the dwelling
units.
(e)
All dumpsters and trash handling areas in development
within RMF Zoning Districts shall have a concrete slab, be
enclosed by a finished concrete block or masonry wall
similar in color and detail to the principal structures as
provided in this code, and be 1andscaped in accordance
with these regulations. Dwnpsters shall be oriented in a
logical fushion so as to mininrize truck maneuvers.
1103.3.3 PedestrianlBicvcle Paths Pedestrian/bicycle paths incorporated into a
plan shall have 6 feet of pavement width or as approved by the
Co=unity Services Director. The path shall be a minimum of ten
(10) feet trom a right-of-way, except where it transitions and crosses
an intersecting street. The path shall not be incorporated into a
residential lot.
1103.3.4 View Corridors All developments in the RMF3, RMF4, and all non-
residential developments, on watemont sites shall preserve a visual
corridor to the water ooencumbered with any structure, roadway or
off street parking. The view corridor shall extend the full length of
Land Devdopm<D' R,gnlations
r' 11' .
P.- 11 11
the site fÌ'om the waterfì:ont to the public right-of-way most nearly
opposite the waterfì:ont. The width of the corridor shall be no less
than 10 percent of the waterfì:ont fÌ'ontage, not to exceed 00t-a
mæŒmtm of 100 feet.
LaDd Dnvelopme.t Regulatioo,
City or Ave.lun, Florida
Page ll-t4
Section 1104, Outdoor Lighting Standards
1104.1
1104.2
1104.3
1104.4
1104.5
1104.6
1104.7
General, No structure or land shall be developed, used or occupied unless all
outdoor lighting conforms to the requirements of tills Section. The terms used in
tills Section shall have the definition use by the Illuminating Engineers Society.
Lighting shall be designed and placed to illuminate the ground, a vehicular use
area, a building, a street, or a sign. All lighting shall be concentrated on the
ground, building, street, or sign it is intended to illuminate. Lighting which is
designed to illuminate the building roof area, except for safety reasons as
detennined by the Community Development Director, shall be prohibited.
Preparation of Site Lighting PIan. A plan which shows the photometries of the
site's lighting for vehicular use areas, outside building areas, signs and streets
shall be prepared by a registered professional engineer. The plan sha1l
incorporate all existing and proposed sources of artificial light used on the site,
including adjoining outparcels. ror non reaÏdential development. The lighting
plan shall be submitted with the final building plans, prepared at the same scale.
The plan must indicate and be certified for compliance with the standards of this
Section.
Minimum Illumination. All muhi-fàmily, shopping centers and office buildings
shall illuminate parking lots and pedestrian areas to a minimum maintained
average of 1.0 footcandle and a maximum to minimum ratio of 12 to I, with no
area below the illumination of 0.5 footcandle.
Maximum Illumination. All lighting for parking areas, buildings and signs shall
be located, screened, or shielded so that adjacent property, structures, and rights-
of-way are not directly illuminated. All lighting for parking areas, buildings and
signs shall either be shaded or screened in a manner that will limit spillover of
lighting onto adjacent property and public rights-of-way. Spillover sball not
exceed 0.5 footcandles measured vertically along the property line at the
perimeter of the property.
Lighting Height Standards. All private outdoor lighting sball be designed,
located and mounted at heights no greater than:
(a)
(b)
Twelve (12) feet above grade for non-cut-offtype luminaries, and
Thirty (30) feet above grade for cut-off type luminaries.
Exceptions. Public fàcilities including but not limited to parks; lighted recreation
and athletic areas, courts and fields; and water and wastewater treatment
fàcilities sball be exempted ITom these standards.
Street Lighting. A street lighting system sha1l be provided in all land
development projects with public or private streets. All street lighting sball be
installed according to standards established by the City or County.
Land Devdopmenl Regulation,
... .
P.
11 15
Section 1105. Wetlands Preservation Standards
1105.1
Confonnance with Applicable Regulations Prior to the development of land,
including land clearing and excavation operations, having potential wetlands seiJs
a determination shall be made by the appropriate jurisdictional agencies as to the
presence of jurisdictional wetlands. If it is determined that jurisdictional
wetlands are present the property owner shall be required to comply with all
agency requirements regarding the protection and uùtigation of wetlands on the
property as part of any City issued development order.
L.ad Dev,lopmeDt RegUIaÔOD'
City of AveD,"", Florida
POOP 11-16
!
.
Section 1106. Coastal Tidal Water Standards
1106.1
Conformance with Applicable Regulations. Prior to the development of land or
the issuance of any development permit for construction immediately adjacent to
on, at, near or "bove any tidal waters, the property owner or their representative
shall be required to obtaill approval Jrom Miami-Dade COlmly Environmental
Resources Management.
Land Dnvelopmnot Rngolarion.
Pane 11-17
Section 1107. Surface Water Management Standards.
1107.1
Conformance with Apvlicable Laws. All structures or land shall be developed,
used or occupied such that surface water is managed in conformance with the
following laws, rules and regulations:
(a)
Chapter 24, Miami-Dade County Code;
(b)
Chapter 67 904, as amended, Laws ofFlorida;
(b)
Chapter 40-E, as amended, Florida Administrative Code, "Rules of
the South Florida Water Management District."
(c)
South Florida Building Code, as amended.
Land Dnvolopm,nt ""golaônn.
City or A"ntun, Flor;da
Page 11-1~
'$.
~:
j~.
!t
1,
Section 1108. Accessory Uses and Standards.
1108.1
1108.2
1108.3
1108.4
General. No accessory uses shall be pennitted in a required yard or bufferyard
area, except as set forth below. In no event shall an accessory use be construed
to authorize a use not otherwise pennitted in the district in which the principal
use is located and in no event shall an accessory use be established prior to the
principal use to which it is accessory. No pennanent structures shall be
pennitted in utility easements without the prior written approval of the
appropriate utilities, and the concurrence of the City.
Awnings and Canopies. The definition of an awning or canopy shall be as
provided for in the South Florida Building Code. Any advertising shall conform
to the sign regulations contained in this Code.
1108.2.1
~ - An awning may be located at any window provided it is
architecturally integrated into the buildings, design and color. The
maximum height and width of an awning shall be limited to the
minimum area required to cover a building's window. Awnings shall
not be illuminated.
1108.2.2
Canopies - A canopy may be located over any walkway adjacent to a
building or over a building's entrance. The maximum height of the
overall canopy structure shall be eight (8) feet. The maximum width
of a canopy shall be limited to the width of the sidewalk or entry way
that it is covering. Illumination of a canopy shall be limited to the
minimum illumination required for safe pedestrian passage under the
canopy.
~. Carports shall comply with the structural setbacks of the zoning
district in which they are proposed to be located. The use of polyvinyl cWoride
(pVC) pipe is expressly prorn"bited. Any carport Jawfully established prior to the
adoption of this Code which does not comply with the- structural setbacks of the
zoning district may remain as a nonconfomllng use subject to the provisions of
the nonconforming Chapter of this Code.
Domestic Pet Shelters. One pet shelter or pen for domestic household animals
shall be permitted per lot in any residential district, subject to the following:
(a)
No pet shelter or pen shall be permitted within the required 1Ì'ont yard
area, or within utility, drainage or access easements.
(b)
The structure must be set back at least six fuet 1Ì'om the side and rear
lot lines.
(c)
Domestic pet shelters and pens shall be maintained in a clean and neat
manner tree of offensive odors.
Land D.volopm..t R.gulation.
City of Avontu", Florida
Page 11-19
11 08.5
Fences and Walls.
1108.5.1 Defined. A fence or wall is a barrier constructed of manmade or
natural materials. A wall is a concrete or block structure.
1108.5.2
1108.5.3
1108.5.4
1108.5.5
Fences on Residential Lots. Fences on a residential lot shall be
limited to six (6) feet in height. Barbed wire and other sùniJar
material shall not be pennitted on a fence or wall within a residential
district. Fences and walls shall be limited to four (4) feet in height
within a required fÌ'ont yard. In all zoning districts, only pressure
treated pine, redwood and cedar wood shall be acceptable for wood
fence construction. All wood fencing shall have a nominal thickness
of one (1) inch. Each side of a concrete block or masonry wall shall
be completely finished with stucco and/or paint.
Residential Parcel Perimeter and Entry Walls. Unifonn walls and
may be erected within a required bufferyard and at the access
driveway entrances to residential development parcels. The wall shall
be located at the interior edge of a bufferyard. Typical elevations,
materials and the location of the wall shall be shown on a final site-
plaIL Barbed wire and other sùniJar material shall not be permitted.
Walls shall be designed to discourage Graflìtti.
Walls and Fences on Non-Residential Parcels. Walls shall be
permitted within a required bufferyard at the perimeter of non-
residential parcels, they shall not be pennitted within a required fi-ont
yard. Fences within non-residential zoning districts adjacent to
residential property shall not exceed eight (8) feet in height. Fences
and walls within non-residential property adjacent to non-residential
property shall not exceed ten (10) feet in height. Typical elevations,
materials and the location of the fence sha!l be shown on a final site
plaIL
Fences within Easements. A Fences, walls and Jandscaping shall not
be pennitted within a utility easement prior to the issuance of a
pennit. To locate a fence or wall in any easement an encroachment
agreement shall be required. If a permit is issued, access to any
easements shall be granted when required by any utility. A utility
company or fumchise shall not be responsible for damage to a fence,
wall or Jandscaping within an easement.
1108.5.6 Chainlink Fences ProlnlJited. Chainlink fences shall be prolnlJited in
all districts except as a temporary enclosure or fencin2 for golf
courses and tennis courts.
Land Devclnpmeot Regulation,
City of Aventura, Florida
Page 11-20
1108.5.7 Maintenance. A Fence or wall shall be finished and maintained in
good condition and appearance. The finished side of all stockade
fences shall face outward to the abutting property or right - of - way.
1108.6
Gazebos. Gazebos shall be permitted in all residential districts, subject to the
following:
~
f
t
(a)
(b)
(c)
(d)
1108.7
No gazebos shall be pennitted within the required tront yard area, or
within utility, drainage or access easements;
Gazebos must be set back at least six feet trom the side and rear lot
lines;
No gazebo shall have <I!! mæåmæB area (footprint) larger than 100
square feet per 5,000 square feet onot area; and
No gazebo shall have a height larger than 35 feet.
Plav Equipment. Play equipment shall be pennitted in any residential district,
subject to the following: -
(a)
(b)
(c)
(d)
1108.8
No pennanently installed play equipment, except basketball hoops,
shall be permitted within the tront setback, 10 feet of a right-of-way,
or within utility, drainage or access easements;
No play equipment shall use street right-of-way as part of the playing
area;
Pennanently installed play equipment shall be of a common
playground type designed for children; and
Basketball hoops and backboards in front yard areas shall be
pennitted on the tront of the building or on a pole in the driveway
only. Basketball poles shall be located no closer then ten (10) feet to
any property line.
Screen Enclosures. Screen enclosures shall be permitted in all residential zoning
districts, subject to the following:
(a)
(b)
No screen enclosure shall be permitted in the required fi:ont yard or
within utility, drainage or access easements;
No screen enclosure may be converted to an enclosed structure
unless the converted structure would comply with all standards of the
applicable zoning district;
Laud Dov,lopm,ut R.gularioo.
r' F .
Page 11-21
(c)
(d)
Screen enclosures with a screen roof shall meet the following setback
requirements:
(1)
(2)
The side yard or sidestreet setback shall be the same as the
structural setback requirement of the zoning district; and
The rear yard setback shall be a minimum six (6) feet ÍÌ'om
the rear lot line; and
Screen enclosures with a solid roof shall meet the following setback
requirements:
(1)
(2)
The side yard or sidestreet setback shall be the same as the
structural setback requirement of the zoning district; and
The rear yard setback shall be fifteen (15) feet or the same
as the structural setback, whichever is less.
1108.9
Swimming Pools and Spas. Swimming pools and spas shall be permitted in all
residential zoning districts, subject to the following:
(a)
(b)
(c)
No swimming pools or spas shall be pennitted wi1:hill the required
front yard area, or within utility, drainage or access easements.
Swimming pools shall be required to have a safety barrier.
Above-ground pools and spas which exceed forty-eight (48) inches in
height must meet all structural setback requirements.
The following setback requirements shall apply to swimming pools
and spas:
(1)
(2)
(3)
The side yard or sidestreet setòacks to the water's edge
shall be two (2) feet plus the required sideyard or
sidestreet structure setback.
The rear yard setback shall be seven (7) feet from the
water's edge to rear lot line.
The setback ÍÌ'om any building foundation shall be five (5)
feet unless both the design and construction as approved
by the Community Development Director is safe and will
not possibly result in a weakening of or damage to the
building foundation. In no event shall said pool or spa be
closer than eighteen (18) inches to any wall or any
enclosure.
Laod Devolopmna' Regalano..
City ar Aveata", Florida
Page 11-22
(d)
Any pool for a non-residential development shall meet the structural
setbacks for the district in which it is located and all required
governmental agency standards.
1108.9.1 Safety Barrier Required: Specifications.
(a) Specifications - No swimming pool final inspection and approval
shall be given by the City, unless there bas been erected a safety
barrier. The safety barrier shall take the form of a screened-in patio, a
wooden fence, a rock wall, a concrete block wall, or other materials
so as to enable the owner to blend the same with the style of
architecture planned or in existence on the property. The minimum
height of the safety barrier shall be not less than four (4) feet. The
safety barrier shall be erected either aroUDd the swimming pool or
aroUDd the premises on which the swimming pool is erected. In either
event, it shall enclose the area entirely, proruòiting unrestrained
admittance to the enclosed area. Gates shall be of the spring lock
type, so that they shall automatically return to èe-ffi a closed position
at all times. Gates shall also be equipped with a safe lock and shall be
locked when the swimming pool is not in use.
(b) Permits Required - Before any work is commenced, permits shall
be secured for all swimming pools and for the safety barriers. Plans
shall contain all details necessary to show compliance with the terms
and conditions of these regulations. No swimming pool permit shall
be issued unless simuhaneously therewith a permit is secured for the
erection of the required safety barrier; if the premises are already
enclosed, as herein before provided, a permit for the safety barrier
shall not be required, if; upon inspection of the premises, the existing
barrier is proven to be satisfactory.
(c) Construction specifications of walls and fences - For a ffi--.the
wooden type fence, the boards, pickets, louvers, or other such
members, shall be spaced, constructed, and erected, so as to make the
fence nonclimbable and impenetrable. Walls, whether of the rock or
block type, shall be so erected to make them nonclimbable.
(d) Authority to disapprove barriers - It shall be within the discretion
of the building inspector to refuse approval of any barrier which, in
his opinion, does not meet fumisI¡ the safèty requirements of this
regulation, i.e., that it is high enough and so constructed, to keep the
children of pre-school age ITom getting over or through it.
( e) Maintenance of safety barrier; duty of owner, occupant - It shall
be the responsibility of the owner and/or occupant of the premises
containing the swimming pool to maintain and keep in proper and
Land D.volopm.ot Rngnlatioo.
11 ""
safe condition at all times the safety barrier required and erected in
accordance with this section.
(f) Maintenance of pool; duty of owner, occupant - It shall be the
responsibility of the owner and/or occupant of the premises
containing a swimming pool to keep such pool ITom becoming a
health hazard to the community by æeomiBg a Breeding grollild for
mosquitoes, or by any other means. In the event any person owning
or occupying the premises containing a swimming pool permits the
safety barrier to become in an improper and unsafe condition, or
permits the swimming pool to become a health hazard to the
community, the City may direct a letter by certified mail to the owner
or occupant of such premises, advising such owner or occupant that
the city will have such safety barrier put in a proper and safe condition
or correct the health hazard of the swimming pool within a period of
ten (10) days ITom receipt of such letter. The City shall be authorized
to place a lien on the property not in compliance with this section in
order to recover the costs associated with enforcement of this section.
(g) Temporary fence to enclose swimming pools while under
construction - No person shall construct or cause to be constructed
any swimming pools unless such swimming pool is completely
enclosed by a fence with a minimwn height of not less than four (4)
feet. Such fence may be of a temporary nature but must be erected
either around the swimming pool or around the premises on which
the swimming pool is under construction; in either event, it shall
enclose the area entirely, prohibiting unrestrained admittance to the
enclosed area. However, the swimming pool need not be completely
enclosed during those periods when an adult person is present on the
site and actual construction is in process. This section shall only affect
those pools under construction within one hundred forty (140) feet of
any residence upon which a certificate of 6ccupancy has been issued.
The one hundred forty (140) feet shall be measured ITom the edge of
the swimming pool to the closest property line containing such
residence by straight line measure.
1108.10
Utility Sheds. Utility sheds shall be permitted in all residential districts, subject to
the following:
(a)
No more than one utility shed shall be permitted for each parcel or
lot;
(b)
No utility shed shall be permitted in any required ITont or side yard
,area or within utility, drainage or access easements;
(c)
The rnaximwn dimensions of a utility shed shall be no more than 100
Laod Dnvelopmeot R'golaôoo.
City of Ave."'n, Florida
Page 11-24
1108.11
1108.12
1108.13
Laod Dovelopmno! Regolatioo,
square feet in footprint and eight (8) feet in height; and
(d)
Rear and side setbacks for utility sheds on single family and duplex
lots shall be a minimum of three feet from the lot lines. Rear and side
setbacks for utility sheds on all other property shall be equal to the
height of the structure.
UtilitvlMechanical Equipment. Utility and mechanical equipment used for a
building's operation which is located outside the building shall only be located in
a rear or side yard. The equipment shall not be located within a utility easement
unless it is equipment serving that specific easement. The minimum distance
from a property line to the structure shall be no less than the structure's height.
All equipment shall be screened from view by landscape materials as provided
for in this code. These requirements shall not apply to municipal or fumchise
utilities such as power, phone, cable, co=unication or drainage equipment
which is located within a public utility easement.
Watemont Lands. A rear yard setback of twenty (20) feet from the rear or
watemont line measured landward therefrom shall be provided and no building
construction, to include principal and accessory buildings shall be permitted iIr
this setback.
Docks: Construction Requirements. Prior to the construction of a dock within
the city, the owner shall obtain approval of the proposed construction from the
Community Development Department, Miami-Dade County Environmental
Resource Management and appropriate drainage district. The amount of a dock
protruding onto public property shall be at the discretion of the Community
Development Department and based upon waterway width. In no case shall
protrusion onto public property exceed fifteen (15) feet. Docks shall be kept in a
constant state of repair by the owner. Any dock DOt properly constructed or
maintained must be removed at the direction of the Community Development
Department within fifteen (15) days of receipt ofnoticè.
I
Section 1109. Compliance With Comprehensive Plan.
1109.1
1109.2
1109.3
1109.4
Land Denlopm,nt Regul.lion,
City of Anotnra, Florid.
Compliance Required. No development activity may be approved unless it is
found that the development is consistent eem¡llies-with the dClliJity and ÏÐteooity
reqtrirements m the Cit)'s adopted Comprehensive PJan. adheres to tBe criteria
contained in the CompæbcooÎ'le Plar., and that the provisien of pub!ie fucilities
and serviees are concurrent with the development activit)..
Determining COIIlPliance. If a development proposal is found to meet all the
reqtrirements of this code, it shall be presumed to be consistent with the
Comprehensive Plan until such time as it can be demonstrated otherwise. If a
question of consistency is raised, the Community Development Director shall
make a determination of compliance or noncompliance and support the
determination with written findings.
ConclUTencv Required. No applications for development orders authorizing a
new use or an expansion of an existmg use shall be approved unless the facilities
necessary to mailltain the adopted level of service standards exist or are
projected to exist when necessary to serve the development, The approval of
development orders shall be based on the existence of adequate fucilities or
inclusion of necessary fucilities in the applicable service element of the
Comprehensive Plan, in the adopted Capital Improvements Element of the
Comprehensive Plan, m the work plan or program of the agency having
fimctional responsibility for provision of the fucilities, or in an enforceable
development agreement. An enforceable development agreement may include,
but is not limited to, development agreements pursuant to F.S. § 163.3220, or an
agreement or development order pursuant to F.S. Ch. 380. Such findings shall be
included in staff recommendations.
Development Orders Requiring ConclUTenCy Determination. The following three
cJasses of development orders will be reviewed for conclUTency:
.
1109.4.1
Initial Development Orders
Zoning district boundary change
Variance
Site plan approval
Conditional use approval
Modification of covenant or restrictions
1109.4.2
Intennediate Development Orders
Tentative plat and Final plat
1109.4.3
Final Development Orders
Any building permit for construction resulting in an increase in size
or intensity of a land use.
Certificate of occupancy to show consistencv with what was
approved.
P".11-26
1.'
(. 'Dev'
1109.5
1109.6
ont Rogulations
Burden of Showinf,! Compliance. The burden of showing compliance with level
of service requirements shall be upon the applicant for a development order. The
applicant shall submit information regarding compliance with concurrency
requirements when requested by the Community Development Department in a
format acceptable to the Department. In order to be approvable, the Community
Development Director shall determine that applications for development
approval have provided sufficient information showing compliance with these
standards.
Level of Service Standards. The following level of service standards contained in
the adopted Comprehensive Plan shall be maintained.
1109.6.1
Potable Water.
(a) The treatment system shall operate with a rated maximwn daily
capacity which is no less than two percent (2%) above the
maximwn daily flow for the preceding year, and an average
daily capacity two percent (2%) above the average daily per
capita system demand for the preceding five (5) years.
(b) Water shall be delivered to users at a pressure no less than
twenty (20) pounds per square inch (psi) and no greater than
100 psi. Unless otherwise approved by the Miami-Dade Fire
Department or a successor entity, minimwn fire flow, based on
the land use served, shall be maintained as follows:
Gallons per
Land Use Tvpe
Minute
Single Family Residential Estate Density
500
Single Family and Duplex Residential on
Mirùmwn lots of7,599 square tèet ,
750
Multi-tàmily Residential, Semi-professional
Offices
1,500
Hospitals, Schools
2,000
Business and Industry
3,000
(c) Water quality shall meet all federal, state and county primary
standards for potable water.
(d) System-wide storage capacity for finished water shall equal no
less than fifteen (IS) percent of the system-wide average daily
demand.
1109.6.2
1109.6.3
Sanitary Sewer Service.
(a) Wastewater treatment plants shall operate with physical
capacity no less than the annual average daily sewage flow.
(b) Effluent discharged 1Ì'om wastewater treatment plants shall
meet all federal, state and county standards.
(c) The system shall collectively maintain the capacity to collect
and dispose of 102 percent of the average daily per capita
sewage system demand for the preceding five years.
Traffic Circulation.
The minimum acceptable peak-period level of service standard for
all state, county and city roads inside Aventura shall be the
following:
(a) Where no public mass transit service exists, roadways shall
operate at or above LOS E;
(b) Where mass transit service having headways of20 minutes or"
less is provided within Y:z mile distance, roadways shall operate
at no greater than 120 percent of their capacity; or
(c) Where extraordinary transit service such as commuter rail or
express bus service exists parallel roadways within Y:z mile shall
operate at no greater than 150 percent of their capacity.
Traffic circulation level of service shall be determined using the
following procedures:
(a) Level of service shall be calculated using the methodologies
contained in the current version of The Highway Capacity
Manual.
(b) For the purposes of this subsection "peak period" shall be
defined as the average of the two highest consecutive hours of
traffic volume during a weekday between the hours of noon
and midnight.
Development orders for developments located within the City's
Transportation Concurrency Exception Area shall not be withheld
because of a lack of concUITent roadway capacity imless, in the
judgement of the Community Development Director, the failure to
achieve concUITency poses a threat to the safety, health and welfure
of the community.
LaDd DevelopmeDt Regolarioos
City of Aveotun, Flodda
Page It-28
1109.6.4
".
;1\.
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ì
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1109.6.5
Mass Transit.
A development site is considered to be served by mass transit if it
meets any ofthe following criteria:
(a) It is located within a transit corridor. For the purposes of this
subsection, a transit corridor is defined as the area one-half mile
on either side of a transit route provided with peak service
provided on headways of 60 minutes or less;
(b) It is located within a radius of one-half mile of any transit
terminal with service provided on headways of 60 minutes or
less; or
(c) Is provided with private transit or paratransit service.
The level of service standard for mass transit is those areas of the
City meeting all the following criteria shall be serviced with mass
transit:
(a) Where the average combined population and employment
density along a transit corridor exceeds 4,000 per square mile;
(b) It is estimated that there is sufficient demand to warrant
service;
(c) The service is economically feasible; and
(d) The expansion of transit service into new areas is not provided
at a detriment to existing or planned services in higher density
areas with greater need.
Stormwater Management (Drainage).
The drainage level of service standard is comprised of a flood
protection standard component and a water quality component.
1109.6.5.1
Flood Protection. The minirmun acceptable flood
protection level of service standard shall be protection
from the degree of flooding that would result for a
duration of one day from a ten-year storm, with
exceptions in previously developed canal basins as
provided below, where additional development to this
base standard would pose a risk to existing
development. All structures shall be constructed at, or
above, the minimum floor elevation specified in the
federal Flood Insurance Rate Maps for A ventura, or as
specified in the Miami-Dade County Code, whichever
Laod Dovdopmcot Rcgolarioo.
r" ..... .
P'"e 11-29
is higher.
Water Oua\ity. The water quality level of service
component of the standard shall be met when the
annual average for each of the following twelve priority
NPDES pollutants does not exceed the following
target criteria for each of those pollutants within a canal
basin, or sub-basin, as deternrined in accordance with
procedures established by Miami-Dade County
DERM:
Pollutant:
Biological Oxygen Demand (BOD)
Chemical Oxygen Demand (COD)
Total Suspended Solids (TSS)
Total Dissolved Solids (TDS)
Total Ammonia-Nitrogen & Organic
Ammonia
Total Nitrate (Nox-N)
Total Phosphate (TP04)
Dissolved Phosphate (DP04)
Cadmium (Cd)
Copper (Cu)
Lead (Pb)
Zinc (Zn)
1109.6.5.2
9 mg/1
65 mg/I
40 mg/I
1,000 mg/I
1.5 mg/I
0.68 mg/I
0.33 mg/I
Not available
0.0023 mg/I
0.0258 mg/I
0.0102 mg/I
0231 mg/I
Applicants seeking development orders in canal basins,
or sub-basins, that do Dot meet either the FPLOS or the
WQLOS shall be required to conform to Best
Management Practices (BMPs) as provided by Miami-
Dade County Code. Owners of commercial or
industrial properties where BMPs are required, shall, at
a minimum, demonstrate thai their on-site stormwater
system is inspected two times per year and maintained
and cleaned as required. Private residential
developments in areas where BMPs are required shall
demonstrate that their on-site stonnwater systems are
inspected two times per year and maintained and
.cleaned as required.
1109.6.6
Solid Waste Disposal
The Miami-Dade County Solid Waste Management System, which
includes County-owned solid waste disposal fucilities and those
operated under contract with the County for disposal, shall, for a
minimum of five (5) years, collectively maintain a solid waste
disposal capacity sufficient to acco=odate waste flows committed
to the system through long-tenD interlocal agreements or contracts
Land D"elopmnnt Regnlation,
City of Aventun. Florida
Page 11-30
1109.6.7
with municipalities and private waste haulers, and anticipated non-
committed waste flows.
Parks and Recreation.
The level of service standard for the provision of recreational open
space shall be 2.75 acres of net usable park land per 1,000
pennanent residents. For the purposes of this subsection "Net
U seable Park Land" is defined as:
(a) Any City park, conservation land, greenway, recreation fucility
or marina, calculated at 100 percent of gross area.
(b) Any State or COllllty regional park located within one mile of
the boundaries of the City, calculated at 100 percent of gross
area;
(c) Any private recreational parks, sites or fucilities within the
boundaries of the City, calculated at 50 percent of gross area;
and
(d) Any private marina or golf course fucility within the boundaries
of the City, calculated at 25 percent of gross area.
Lond Devolopm,ot Regulorion,
Section 1110. Satellite Dishes.
IIID.I
j
~
~
~.
Definitions
For the purpose ofthis article, the following terms and phrases shall apply:
Antenna means any device used for the receipt of video programming
services, including TVBS, MDS, DBS, ITFS and LMDS, and MMDS. A
reception antenna that has limited transmission capability designed for the
viewer to select or use video programming is a reception antenna provided
that it meets the Federal Communications Commission standards for radio
fi-equency emissions. A mast, cabling, or other accessory necessary for the
proper installation, maintenance, and use of a reception antenna shall be
considered part of the antenna. An "antenna" within the meaning of this
article expressly excludes any device that comes within the definition of the
tenn "antenna" in the LDR
Antenna user means the person or entity that has a direct or indirect
ownership interest in, and exclusive control over, the property upon which
the antenna is located.
Applicant means any person submitting an application within the meaning
of this article.
Application means any proposal, submission or request to install a satellite
dish. An application includes an applicant's initial proposal, submission or
request, any and all subsequent amendments or supplements of the
proposal, relevant correspondence, and all written and oral representations,
and/or material made or provided to the City.
Commission or FCC shall mean the Federal Communications Commission
or any successor governmental entity thereto.
CommunicaJions Ad means the Communications Act of 1934,47 US.C.
§ 151 et seq., as the Act has and may hereinafter be amended.Large
satellite dish means any satellite earth station antenna that is not defined as
a "small satellite dish".
Mast means a structure to which an antenna is attached that raises the
antenna height.
National Historic Preservation Ad means the National Historic
Preservation Act of 1966, 16 D.S.C., §§ 47D et seq., as the Act has and
may hereafter be amended.
Pemrit means the authorization expressly granted by the City to an antenna
user to install an antenna on the property wherein the user has a direct or
indirect ownership interest. The term does not include any other
authorization, including, but not limited to, a fumchise, license, or pennit
that may be covered by other Jaws, ordinances or regulations of Federal,
State, or any local government entity including other Jaws or regulations of
the City.
Small satellite dish means any receive-only satellite earth station antenna
that is two meters or less in diameter and located or proposed to be located
in any area where commercial or industrial uses are generally permitted by
non-Federal land-use regulation, or a satellite earth station antenna that is
Land Developme.' Reg.lati...
City of Ave.mra, Florida
Page 11-32
1110.2
1110.3
one meter or less in diameter in any area regardless of land use or zoning
category.
Temporary or moveable dish means an antenna which is not anchored in
the ground or which is not affixed to a permanent structure.
VSAT means a commercial satellite service that may use satellite antennae
less that one meter in diameter but that is not used to provide over-the-air
video programming.
PuqJose and intent.
It is the purpose and intent of this article to establish rules and regulations
consistent with Federal policy with respect to the installation, placement,
maintenance and use of satellite dishes designed for over-the-air reception of
television broadcast signals that (a) ensure that CODS\llllers have access to a broad
range of video programming services; (b) fosters full and fàir competition among
different types of video programming services; (c) satisfy the City's legitimate
govennnental interests in protecting lives and property and promoting the
public's safety, health and including, but not limited to (i) reducing the likelihood
that satellite dishes will become windblown hUITicane hazards and (ii) reducing
crime and the opportunity for crime; and (d) ensure compliance with all
applicable Federal, State and local law, rules and regulations, including, but not
limited to, the South Florida Building Code.
Small Satellite Dish Regulation.
(a)Small satellite dish antermas are subject to the following requirements:
(1)
The satellite antenna installation shall require the approval of the City
Manager or his designee.
The approval of the City Manager or his designee is contingent upon
the compliance by the satellite antenna with the regulations of the City.
Where the construction, connection or installation of an antenna
requires a permit under the South Florida Building Code (the "Code"),
a permit shall be obtnined.
To avoid any possibility of delay with respect to the deployment of an
antenna, any person who wishes to install or have installed an antenna
may do so without the advance filing of an application, the advance
payment of the application fee and the filing and obtaining in advance
of a permit, as such are required in this section; provided, however,
that the installer or the person for whom the antenna is installed must
provide written notice to the City within. forty-eight (48) hours after
any such installation (exclusive of weekends and legal holidays)
reporting the fuets of such instal1ation (i.e., the address of the
installation, identity of the person responsible for the antenna at the
installation-site and location of the antenna as installed) as may be
required as part of the City's application and submitting the requisite
fee. Failure to comply with such requirements is a violation of this
(2)
(3)
(4)
L.ud D..elopmon' Regulatiou.
r' " ..
Page 11-33
J'
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i
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section.
(5) As soon as staff resources pennit, the City will inspect the installation
to detennine if it complies with the requirements of this section and the
Code (if such Code is also applicable). Neither the approval of the City
Manager or his designee nor a pennit under the South Florida Building
Code will be unreasonably withheld to deJay antenna deployment.
(6) If an antenna is deployed in advance, but does not comply with this
section, the Code or both in any respect, the City shall not be
responsible for any costs incurred in connection with any alteration,
modification, redeployment or reinstalJation of an antenna in order for
it to achieve full compliance.
(7) Alternatively, the person who wishes to instalJ an antenna may file the
application, pay the fèe and obtain the pennit, if one is required, in
advance of the installation.
(8) If a satellite plan is in compliance with federal and local rules, approval
ofthe City Manager or his designee and a pemrit under the Code will
be issued within 20 days of application, absent exceptional
circwnstances.
(9) Such permitting process shall be no more burdensome than is necessary
to ensure public health and safety.
(10) Review and approval shall be required on an annual renewal basis and
at such time the applicant shall be required to submit photos of the
antenna taken from the street and adjacent properties. This is necessary
to assure continued compliance and to keep the City appraised of the
status of satellite communications within the City.
(b)
The City Manager or his designee shall review all installations and
applications for small satellite antenna approvaJs for such installations within
20 days of receipt of applications, absent exceptional circumstances, to
detennine that the installation meets the following permit conditions:
(I)
The installation or modification of a satellite" earth station shall be in
accordance with all applicable construction and safety codes and
procedures and shall meet the requirements of the South Florida
Building Code,
No antenna shall be pennitted in a front yard or on the JÌont part of any
roof which runs parallel with the JÌont property line, except in the
instance of comer lots where only one side will be designated the JÌont
property line (the "front" shall be the same as the street address of the
property as assigned by the United States Post Office).
Every reasonable effort must be made to locate the antenna in a manner
where it is effectively screened by a fence, near a structure or near
another protective barrier which will decrease the likelihood of a
broken or dislodged antenna becoming a windblown hurricane hazard.
The City shall charge a $10.00 administration fee for review of each
application and installation. Such fee shall be remitted with the
(2)
(3)
(4)
La.d D"elopme.' Regulatio.,
City of Ave."", Flo,;da
Page 11.34
If
¥
application.
(5) No antenna installation shall ultimately be authorized by the City
Manager or his designee W1less the fee has been paid and the
installation has been approved in writing and evidence of the issuance
of a permit is produced where required.
(6) The antenna shall be ground-mounted or located on the side of a
structure as close to the ground as is reasonably possible.
(7) Ground-mounted satellite earth stations shall conform to the minimum
setback requirements as are required for the principal building on the
building site pursuant to the South Florida Building Code and any
applicable Land Development Regulations.
(8) Ground-mounted satellite earth stations shall conform to the minimum
setback requirements ITom the waterway as required for the principal
building location on the property pursuant to the South Florida
Building Code and any applicable Land Development Regulations.
(9) Ground-mounted satellite earth stations shall conform to minimum
setback requirements ITom power lines which shall be, at minimum, no
less than eight feet ITom any power line over 250 voks.
(10) Except as provided in subparagraph (d) below, no antenna shall be
pJaced upon a roof area that is supported by trusses.
(11) Each antenna and antenna installation shall be required to be painted in
a fàshion so that it blends into the background against which it is
mounted.
(12) Special requirements for temporary or moveable antennas. The
provisions of this subsection (b) shall apply to "temporary or
moveable" dish or dish antennas. All temporary or moveable dish
antennas must be removed within six months after a permit has been
issued absent the receipt of approval as provided by this subsection.
(c)
YSAT, is not within the purview of this article because it is not used to
provide over-the-air video programming.
(d)
If; as a result of compliance with this article's requirements as set forth above,
reception is impaired, the cost to comply is or would be unreasonable, or the
installation may be unreasonably deJayed, the City Manager may approve
plans which deviate ITom the requirements of this article as follows (in order
of the most acceptable deviation to least): The following list enumerates the
hierarchy of deviations. The City Manager must deviate ITom requirement (1)
before deviating ITom requirement (2), must deviate ITom requirements (1)
and (2) before deviating ITom requirement (3), must deviate ITom
requirements (1), (2), and (3) before deviating ITom requirement (4), and
must deviate ITom requirements (1), (2), (3), and (4) before deviating ITom
requirement (5).
(1)
The antenna shall not be located in a historic district listed or eligible to
be listed in the National Register of Historic Places, as set forth in the
Land Dev<lopmen' Regnlanon,
r' .'. F'
(e) (1)
(f)
(2)
National Historic Preservation Act of 1966.
The antenna shall be ground-mOlillted or located on the side of a
structure as close to the ground as is reasonably possible.
An antenna shall not be placed on a roof area which is supported by
trusses;
No antenna shall be permitted in a Jiont yard area or on the Jiont part
of any roof which runs parallel with the JioDÍ property line, except in
the instance of comer lots where only one side will be designated the
Jiont property line. The "Jiont" shall be the same as the street address
of the property as assigned by the United States Post Office.
Any other deviation Jiom the requirements of tbis article must be
justified, taking into consideration the location and surrounding
structures, fences, Jandscaping and other features.
(3)
(4)
(5)
(2)
Rooftop installation of satellite dish or dish antennas will only be
permitted where (a) a City Building OfficialfTruss Manufucturer
approves the method of attachment proposed by the applicant, before
the installation; (b) the antenna is anchored to the roof in confonnance
with the requirements of the South Florida Building Code; and (c) a
professional engineer certifies as safe any inJÌastructure improvements
made to fortify the truss system or the truss system as designed to
which the antenna will be installed. Such certification must be obtained,
absent exceptional circumstances, within 20 days of installation.
The installation of any antenna structure mounted on the roof of a
building shall not be erected nearer to the lot line than the total height
of the antenna structure above the root; nor shall such structure be
erected near electric power lines or encroach upon any street or other
public space.
Antenna users must obtain a special permit as descnòed in subsection
(f) herein, in cases in which the antennas extend more than 12 feet
above the roofline in order to receive signals.
(3)
Mast installation.
(1) Mast height may be no longer than absolutely necessary to receive
acceptable quality signals.
(2) Masts that extend 12 feet or less beyond the roof line may be installed
subject to the regular notification process. Masts that extend more than
12 feet above the roof line must be approved before installation due to
safety concerns posed by wind loads and the risk of fulling antennas
and masts. Any application for a mast that extends more than 12 feet
above the roof-line must include a detailed description of the structure
and anchorage of the antenna and the mast, as well as an explanation of
the necessity for a mast higher than 12 feet. If this installation will pose
a safety hazard to City residents and visitors then the City may prohibit
such installation. The notice of rejection shall specify these safety risks.
(3) Masts must be installed by a licensed and insured contractor.
LaDd D..elop..eDt RegDlarioDs
City of AveDtun, Florid.
Page 11-36
'§
1110.4
1110.5
1110.6
(g)
(4)
Masts must be painted the appropriate color to match their
surroundings.
Masts installed on a roof shall not be installed nearer to the lot line than
the total height of the masts and antenna structure (combined height)
above the roof The purpose of this regulation is to protect persons and
property that would be damaged if the mast were to full during a storm
or from other causes.
Mæ,1:s shall not be installed nearer to electric power lines than the total
height of the mast and antenna structure above the roof The purpose
of this regulation is to avoid damage to electric power lines if the mast
should full in a storm
Masts. shall not encroach upon another owner's lot or common
property.
Masts installed on the ground must sustain a minimum of 120 mph
winds, or such speeds as otherwise provided in the applicable Building
Codes.
(5)
(6)
(7)
(8)
Applicability. The regulations in this article shall be applied in a
nondiscriminatory manner to other appurtenances, devices and fixtures that
are comparable in size, weight and appearance to the subject antennas and to.
which local regulations would nonnally apply.
Large Satellite Dish Regulation. The provisions of section III OJ shall apply to
large satellite dish antennas. To the extent that any provision of section III OJ
(1) materially limits transmission or reception by satellite earth station antennas,
or (2) imposes more than minimal costs on users of such antennas and to the
extent that the City cannot demonstrate that such regulation is reasonable, that
provision shall not apply.
Violation of Article. Violation of specified conditions and safeguards, when made
part of the terms under which the antenna is approved, or the various provisions
of this article, shall be deemed grounds for revocation of permit and punishable
as a violation of the Land Development Regulations. A maximum fine of$100.00
per violation may be imposed for any violation of this section.
Contact. Both the City and the antenna user shall provide one another with the
name and address of the contact designated to receive notices, filings, reports,
records, amendments, and other types of correspondence or information that
relate to administration and/or enforcement of this article. All notices affecting
the legal rights of the parties and all other filings, reports, records, documents and
other types of correspondence shall be in writing, and shall be deemed served
when delivered by hand or personal service, certified mail return receipt
requested, registered mail, or express delivery by the designated contact. If such
notice is not timely served, then parties shall follow State rules to determine the
consequence of the non-timely service of notice, and the rights and remedies of
the affected parties.
Land Dmlopm,nt R'gnlaônn,
r'c' or Avontun, Florida
Page 11-37
Chapter 12: NONCONFORMING USES AND STRUCTURES
Section 1201. Purpose and Scope.
The purpose of this Chapter is to regulate and limit the development and continued existence of uses,
structures, and lawful lots established prior to the effective date of these Regulations which do not
conform to the requirements of these Regulations. Many non-conformities may continue, but the
provisions of this Chapter are designed to curtail substantial investment in nonconfonnities and to bring
about their eventual improvement or elimination in order to preserve the integrity of these Regulations
and the character oft!¡e City. Any nonconfonning use, structure, or lot which lawfully existed as of the
effective date of these'Reguiations and which remains nonconforming, and any use, structure, or lot
which has become nonconforming as a result of the adoption of these Regulations or any subsequent
amendment to these Regulations may be continued or mailltained only in accordance with the terms of
this Chapter.
Section 1202. Expansion of Nonconforming Use.
A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it
occupied on the effective date of these Regulations or the effective date of any amendment to these
Regulations rendering such use nonconforming, exce¡¡t as provided for development detennined to.
have vested rights pursuant to Section 103.2.2.
Section 1203. Discontinuation Or Abandonment Of A Nonconforming Use.
If a nonconforming use is discontinued or abandoned. whether intentionallv or not for a period of
ninety (90) consecutive days, including any period of discontinuation or abandonment before the
effective date of these Regulations, then that use shall not be renewed or re-established and any
subsequent use of the lot or structure shall conform to the use regulations of the land use district in
which it is located.
Section 1204, Change Of Use.
.
A nonconforming use may be changed to a pennitted use or conditional use for the wning district in
which the property is located subject to the review and approval requirements of the appropriate
zoning district and Conditional Uses Regulations contained in these Regulations.
Section 1205. Repair Or Reconstruction Of Nonconforming Structure.
1205.1
Ordinary repairs and maintenance may be made to a nonconforming structure.
The Community Development Department shall detennine what constitutes
"ordinary repairs and maintenance", in accordance with the criteria that such
repairs and mailltenance do not substantiallv alter the structure, result in a
change of occu¡¡ancy of the structure or contravene or circumvent other
provisions hereof.
1205.2
If a nonconforming structure is destroyed or damaged by a fire, flood,
windstorm, or similar abnormal and identifiable event, and the cost of restoring
Land Development Regularioo.
C;ty or Aveotura, Flodda
Page 12-1
the structure to its condition which exÌsted immediately prior to the event does
not exceed 50 percent of the cost of replacing the entire structure, then the
structure may be restored to its original nonconforming condition, provided that
a building pennit is secured and reconstruction is started within -l-&() 365 days
from the date of the damage, and such reconstruction is diligently pursued to
completion witOOut prior to the expiration of building pennits.
1205.3 If a nonconforming structure is destroyed or damaged by a fire, flood,
windstorm, or similar abnormal and identifiable event, and the cost of restoring
the structure to its condition exÌsting immediately prior to the event exceeds 50
percent of the cost of replacing the entire structure, then the structure shall not be
restored unless the structure as restored, and the use thereot; will thereafter
conform to all requirements of the zoning district in which it is located.
Notwithstanding the above. structures mav be restored when all of the criteria
listed below are met.
(a) Provides no greater height, provides no greater number of dwelling units (as
to residential structures) and no greater quantitY of square feet of grOSS floor area
(as to commercial structures) than that which lawfully exÌsted immediately prior
to the event of destruction: and
(b) Requires a variance. if anv. 000 from setbacks. lot coverage. height. floor
area ratio. motor vehicle parking area. landscaping. open-space or similar criteria.
if the grant of such variance would resuh in development which is still compatible
with SUITOIlllding uses and structures and does not result in restoring a non-
conforming land use which is SPecificallv prohibited as a use bv the LDRs.
Compatibilitv shall be determined uoon application for a variance pursuant to
Section 506. except that the specific compatibilitv criteria descn1Jed below shall
be used in lieu of the illll1ecessarv hardship standard of506.5.
(c) In accordance with paragraph (b) above. restoration shall be found to be
compatible if each of the elements for which a variance is necessary. when
balanced with all features of the proposed restoration. do not imPair the PUIDOses
of these Regulations in assuring that the grant of a variance:
(i) maintains the basic intent of the Regulations;
(ii) is not detrimental to the appearance of the community as
protected bv the Regulations;
(iii) is compatible with the surrounding land uses and structures and
is not detrimental to the community.
1205.4.1 The restriction uoon restoration and rebuilding which is
provided bv Section 1205.3 above. shall not apply to rl~mai"es or destruction to
anv residentiallv developed property which rl~m~"e or destruction is caused by a
hurricane or other natural disaster affecting a substantial oortion of the
Laud O",lopm,u' R'gulatiou,
r' ... .
p." 11.1
community and not primarilv affecting an isolated property or development. This
provision is intended to avoid disruption of housing: availabilitY and to avoid
inconvenience to the residential population.
Section 1206. Alteration Or Enlargement Of Nonconfonning Structure.
Except as provided in this section, a nonconfonning structure shall not be enlarged in any manner or
undergo any structural alteration unless to make it, a confonning structure. Such alteration or
enlargement may be permitted provided that:
(a)
(b)
(c)
(d)
1206.1
the enlargement or alteration itself confonns to the requirements of these
Regulations; and
the total structure as enlarged or altered does not diminish the total required yard
area or exceed the maximum density or intensity limit for the applicable district;
and
the use of the structure is confonning; and
the property owner or developer secures conditional use approval for the-
enlargement or addition in accordance with the procedures in these regulations.
This section shall not bar an alteration or enlargement which is authorized bv
Section 103.2.2. concerning vested rights. under those circumstances in which
the right to alter or enlarge an existing lawfully nonconforming structure is
vested.
Section 1207. Moving OfNonconfonning Structure.
A nonconfonning structure shall not be moved in whole or in part to any other location unless every
portion of such structure and the use thereof is made to conform with all requirements for the district
to which such structure is moved. The moving of the structure also shall comply with the requirements
of applicable other City reguJations.
Section 1208. Nonconfonning Lots Of Record.
~
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,::
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Ii
Land n'v<lopm,o' R'golatioo,
City of Av<o'..a, Florida
1208.1 Subdivision ofNonconfonning Lots. When two or more
contiguous, vacant, nonconfonning lots of record are in a single ownership, if
such lots sàa!I-èe are subdivided. they must be subdivided in such manner as will
make them confonning. If this is impossible or impractical the City Commission
may grant such variance fÌ'om this requirement in confonnance with the
requirements of Section 506.5 these ReguJations.
Page 12-3