2003-01ORDINANCE NO. 2003-01
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT
PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT
PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT
PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT
PARAGRAPH (f) OF SECTION 31-143 "RMF4" DISTRICT
PARAGRAPH (g) OF SECTION 31-143 "RMF3B" DISTRICT
PARAGRAPH (b) OF SECTION 31-144 "BI" DISTRICT, PARAGRAPH
(c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF
SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31-
144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-144 "MO"
DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TCl" DISTRICT,
PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN ALL
CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide consistency with Policy 1.3 of the City's
Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action ks consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-143, "Residential Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows~-:
Sec. 31-143. Residential Zoning Districts...
(b) Residential Single-Family Districts (RS1). The following shall apply to all RS1
Districts:
(2) 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. One-family detached dwelling.
b. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
d _c. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followin.q uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(c) Residential Single-Family Districts (RS2). The following shall apply to all RS2
Districts:
(2) 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. One-family detached dwelling.
~ Underlined provisions constitute proposed additions to existing text; ................ ~*-~'~- "' ..... ~,..~' provisions' ' indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
e b. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
dc. Uses accessory to any of the above uses when located on the same plot.
e.d. Zero lot line dwelling units.
(2a.) Conditional Uses. The followin.q uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(d) Multifamily Medium Density Residential Districts (RMF3). The following shall
apply to all RMF3 Districts:
(2) 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. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in any one group.
d. Low-rise apartments.
e. Mid-rise apartments.
f ' CF
§ f. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
h g. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followinq uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following
shall apply to all RMF3A Districts:
(2) 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. Two-family dwellings.
b. Triplexes and quadruplexes.
c. Townhouses not to exceed six units in any one group.
d. Low-rise apartments.
e. Mid-rise apartments.
f ,~Jl ......... ~""'~ !n the CF
§ f_. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
h g. Uses accessory to any of the above uses when located on the same plot.
(2a.) CondNonal Uses. The followinq uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(f) Multifamily High Density Residential Districts (RMF4). The following shall
apply to all RMF4 Districts:
(2) 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. All uses permitted in the RMF3 District.
b. High rise apartments.
dc. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
ed. ALF
~ e. Uses accessory to any of the above uses when located on the same plot.
(2a.) Conditional Uses. The followin.q uses may be established if first approved
as a conditional use:
a. All uses permitted in the CF District.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following
shall apply to all RMF3B Districts:
(2) 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. Single family dwellings.
b. Zero lot line dwelling units.
c. Two family dwellings
d. Triplexes and quadruplexes.
e. Townhouses.
f. Low-rise apartments.
h g. Publicly owned recreational buildings and facilities, playgrounds, playfields
and parks.
P.. h. Uses accessory to any of the above uses when located on the same plot.
(3) Conditional Uses. The followin,q uses may be established if first approved as
a conditional use:
a. Uses that exceed the height limitations, but in no event shall uses
exceed seven stories or 90 feet in height,
b. All uses permitted in the CF District.
Section 2. Section 31-144 "Business Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows:
Sec. 31-144. Business Zoning Districts...
(b) Neighborhood Business (B1) District. The following shall apply to all B1
Districts;
(1) 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 provided the requirements set forth elsewhere in this
section are satisfied:
k. No sign of any type or character shall be exhibited or displayed outside
denoting that alcoholic beverages are obtainable within. Uses accessory to any
of the above uses when located on the same plot. ,~Jl_wv ........ ,.v,,,,,......;'+"'~ ,,, ;'' +~'".,,.. CF
(2) Conditional Uses. The following uses may be established if first approved as
a conditional use:
e. All uses permitted in the CF District.
(c) Community Business (B2) District. The following shall apply to all B2
Districts:
(2) Conditional Uses. The following uses may be established if first approved as
a conditional use:
k. All uses permitted in the CF District.
(d) Heavy Business (B3) District. The following shall apply to all B3 Districts:
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
f. All uses permitted in the CF District.
(e) Office Park (OP) District. The following shall apply to all OP Districts:
(1) 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 provided the requirements set forth elsewhere in this
section are satisfied:
g. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres
2. Any outdoor recreation areas including swimming pools shall be located at
least 25 feet from the plot line of any adjacent residentially zoned property 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 individually rented by a customer, shall be 300 square
feet.
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
q. All uses permitted in the CF District.
(f) Medical Office (MO) District. The following shall apply to all MO Districts:
(1) 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 provided the requirements set forth elsewhere in this
section are satisfied:
k. Uses generally accessory to the above principal uses...
.I. ALF
(2) Conditional Use. The following uses may be established if first approved as a
conditional use:
h. All uses permitted in the CF District.
Section 3. Section 31-145 "Business Zoning Districts" of the City's Land
Development Regulations is hereby amended as follows:
Sec. 31-145. Town Center Districts...
(b) Town Center District (TC1). The following shall apply to all TC1Districts:
(1) 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 provided the requirements set forth elsewhere in this
section are satisfied:
(2) Accessory Uses. Permitted incidental and accessory uses shall include:
e.b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional Uses. The following uses may be established if first approved as
a conditional use:
I. All uses permitted in the CF District.
m. All uses permitted as accessory uses in the CFI Community Facilities District.
(b) Town Center Marine District (TC2) . The following shall apply to all TC2
Districts:
(2) 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 provided the requirements set forth elsewhere in this
section are satisfied:
(4) Conditional Uses. The following uses may be established if first approved as
a conditional use:
o. All uses permitted in the CF District.
Section 4. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 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 be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner Cohen
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Commissioner
Berger, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
PASSED on first reading this 12th day of November, 2002.
PASSED AND ADOPTED on seco~uary,
ATTEST:
T~I~ItSA M. S/OR~, C:~IVIC
OLT~ CLER~K~)
APPROVED AS TO LEGAL SJ~FFICIENCY:
2003.
~'EFFREY I~. PERL~