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99-026 RESOLUTION NO. 99-26 LPA A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF THE CITY OF AVENTURA LAND DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR EFFECTIVE DATE. WHEREAS, at a public hearing held on June 15, 1999, the Local Planning Agency of the City of Aventura has considered and reviewed the proposed Land Development Regulations; and WHEREAS, the Local Planning Agency recommends adoption of the Land Development Regulations, as attached hereto as Exhibit "A", NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE LOCAL PLANNING AGENCY OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations, attached hereto as Exhibit "A", be recommended to the City Commission for adoption. Section 2. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner Berger, who moved its adoption. The motion was seconded by Vice Mayor Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes Resolution No. 99-26 LPA Page 2 PASSED AND ADOPTED this 15th day of June, 1999. i ~.,;y , ! " ARTHURI. SNYDER, MAYOR Al-rEST: ': ,TE~RESA I~. 'Sd~:)KA, ,CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY A'FFORNEY 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 Government 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 Development Regulations City of Aventura, Florida City of Aventura Land Development Regulations TABLE OF CONTENTS CHAPTER 1. PURPOSE AND APPLICABILITY Section 10t Title .................................................................................................................. Section 102 Authority and Purpose ........................................................................................ 1-1 Section 103 Applicability, Vested Rights ............................................................................... 1-1 103.1 General Applicability .............................................................................................. 1-1 103.2 Exceptions- Vested Rights ..................................................................................... 1-1 Section 104 Official Zoning Map ............................................................................................. t-4 104.1 Amendments to the Zoning Map ........................................................................... 1-4 104.2 Recording Amendments to the Zoning Map .......................................................... 1-4 ~HAPTER 2. DEFINITIONS AND RULES OF CONSTRUCTION Section 20t Definitions ............................................................................................................ 2-1 Sect]on 202 Rules of Construction ...................................................................................... 2-19 202.1 Generally ............................................................................................................. 2-19 202.2 Computation of Time ........................................................................................... 2-20 202.3 Administrative Delegation of Authority ................................................................ 2-20 202.4 Gender ................................................................................................................ 2-20 202.5 Non-Technical and Technical Words .................................................................. 2-20 202.6 Number ................................................................................................................ 2-20 202.7 Shall, May ............................................................................................................ 2-20 202.8 Tense ................................................................................................................ 2-20 202.9 Wdtten or In Writing ............................................................................................ 2-20 202.10 Year ................................................................................................................ 2-20 202.11 Day ................................................................................................................ 2-20 202.12 Boundahes ........................................................................................................... 2-20 CHAPTER 3. DECISION-MAKING AND ADMINISTRATIVE BODIES Section 301 City Commission ................................................................................................ 3-1 301.1 Powers and Duties ................................................................................................. 3-1 Section 302 Development Review Process ........................................................................... 3-2 302.1 Creation and Purpose ............................................................................................ 3-2 CHAPTER 4. COMPREHENSIVE PLAN SectJon 401 Purpose ................................................................................................................ 4-t Section 402 Legal Status of the Plan ...................................................................................... 4-1 Sec'don 403 Amendments ........................................................................................................ 4-1 403.1 Who May File ........................................................................................................ 4-1 l~snd Development Regnl~tions City of Aventura, Florida 403.2 Application Requirements ...................................................................................... 4-1 403.3 Umitations on Number of Amendments ................................................................ 4-1 403.4 Notice of Public Heatings ...................................................................................... 4-2 403.5 Amendment Procedure ......................................................................................... 4-2 403.6 Local Planning Agency Public Headng ................................................................. 4-2 403.7 City Commission Public Hearing ........................................................................... 4-2 403.8 Transmittal of Proposed Amendment .................................................................... 4-2 403.9 Adof~on of Proposed Amendment ....................................................................... 4.2 403.10 Approval of Amendment: ...................................................................................... 4.2 CHAPTER 5. DEVELOPMENT REVIEW PROCEDURES Section 501 Procedures of General Applicability ................................................................. 5-1 501.1 Who May File ........................................................................................................ 5-1 501.2 Application Requirements ...................................................................................... 5-1 501.3 Preapplication Conference .................................................................................... 5-1 501.4 Filing of Application ............................................................................................... 5-1 501.5 Pubtic Headng and Notice Procedures .................................................................. 5-1 501.6 Rescheduled Meeting Dates .................................................................................. 5-2 501.7 Examination and Copying of Application and Other Documents .......................... 5-2 501.8 Resubmission of Applications After Denial ............................................................ 5-2 501.9 Reliance on Information Presented by Applicant .................................................. 5-2 501.10 Restriction upon Vadance and Other Development Applications ..................... 5-2 501.11 Quasi - Judicial Proceedings ................................................................................. 5-3 501.12 Time Limit .............................................................................................................. 5-3 501.13 Pdor Approvals ...................................................................................................... 5-3 Section 502 Permitted Uses ................................................................................. 5-5 502.1 Puqx)se ................................................................................................................. 5-5 502.2 Permits Required ................................................................................................... 5-5 Section S03 Conditional Uses ................................................................................................. 5-6 503.1 Purpose ................................................................................................................. 5-6 503.2 Application Requirements ...................................................................................... 5-6 503.3 General Standards of Review ............................................................................... 5-6 503.4 Review by City Commission .................................................................................. 5-7 503.5 Effect of Approval or Denial ......................................... 5-8 503.6 Amendments and AJterotions to Approved Conditional Uses ............................... 5-8 Section 504 New Uses ............................................................................................................ 5-10 504.1 New Uses ............................................................................................................. 5-10 Section 505 Temporary Uses ................................................................................................ 5-11 505.1 Permit Required ................................................................................................... 5-11 505.2 Review and Approval .......................................................................................... 5-11 505.3 Maximum Time Limit ........................................................................................... 5-12 505.4 Revocation of Permits ......................................................................................... 5-12 505.5 Exemptions .......................................................................................................... 5-12 505.6 General Criteria and Umitations for Temporary Use Permits ............................. 5-12 Section 506 Variances ............................................................................................................ 5-13 506.1 Purpose and Scope ............................................................................................. 5-13 506.2 Application Requirements .................................................................................... 5-13 506.3 Staff Review ........................................................................................................ 5-13 506.4 Review by City Commission ................................................................................ 5-13 ~a~d Developmen~ ]{egulat~on~ City of Aventura, Florid~ 506.5 Standards of Review ........................................................................................... 5-13 506.6 Conditions ............................................................................................................ 5-14 506.7 Expiration of Approval ......................................................... 5-14 506.8 Amendments and alterations to Approved Variances ......................................... 5-14 506.9 Administrative Variances ..................................................................................... 5-15 Section 507 Amendments to the Land Development Regulations and Official Zoning Map ....... .......... ...... ....... .... ........... ...... ....................... ......... ............. ... ............. 5-16 507.1 Purpose ............................................................................................................... 5-16 507.2 Initiation ............................................................................................. 5-16 507.3 Application Requirements .................................................................................... 5-16 507.4 Review by Staff ................................................................................................... 5-16 507.5 Review by City Commission ................................................................................ 5-16 507.6 Standards for Reviewing Proposed Amendments to the Zoning Map ................ 5-17 507.7 Standards for Reviewing Proposed Amendments to the Text of the LDR .......... 5-18 507.8 Zoning In Progress, Temporary Hold on Permits and Licenses .......................... 5-18 Section 508 Subdivision PlatApprovel ................................................................................ ~-20 508.1 Purpose ............................................................................................................... 5-20 508.2 Plat Required ....................................................................................................... 5-20 508.3 Conformity to Comprehensive Plan .................................................................... 5-20 508.4 Prel m nary P at ........................................ 5-20 508.5 Tentative Plat Review ......................................................................................... 5-20 508.6 Final Plat Rev ew .......................................................... 5-23 508.7 Endorsement of Final Plat ................................................................................... 5-27 508.8 Requirements for Final City Signature ................................................................ 5-27 508,9 Time Limitations of Final Plat Approval ............................................................. 5-28 508.10 Enforcement Prov sions ............................................................................. 5-28 508.11 Modifications to Recorded Plats .......................................................................... 529 508.12 Recorded Plat ...................................................................................................... 5-30 Sec'don 509 Adminisfl'afive Site Plan Review ...................................................................... 5-37 509.1 Required .............................................................................................................. 5-37 509.2 Application Required ........................................................................................... 5-37 509.3 Exempt Development .......................................................................................... 5-37 509.4 General Site Plan Application Requirements ...................................................... 5-37 509.5 Preliminary Site Plan Submission Requirements ................................................ 5-38 509.6 Final Site Plan Filing ............................................................................................ 5-39 509.7 Review ................................................................................................................ 5-40 509.8 Approval .............................................................................................................. 5-40 509.9 Approved Plans ................................................................................................... 5-40 509.10 Site Plan Revisions .............................................................................................. 5-40 509.11 Engineering Plans ................................................................................................ 5-41 509.12 Myler Copy of Approved Site Plans Requ red ..................................................... 5-41 509.13 Conformance with Approved Site Plans .............................................................. 5-41 Section 510 Engineering Permits ......................................................................................... 542 510.1 Purpose .......................................................................................................... 542 510.2 Enginaedng Construction Permit ......................................................................... 5-42 510.3 Engineering Excavation Permit ........................................................................... 5-42 510.4 Annual Permit for Mining, Quanying or Excavation with Blasting ..................................................................................... 5-42 510.5 Engineering Right-of-Way Crossing Permit ........................................................ 5-42 510.6 Revocation of Engineering Permits ..................................................................... 5-42 ]~and Development Regulations City of Aventura, Florida i Section 511 Review of Building Pennits .............................................................................. 5-44 511.1 Purpose and Applicability .................................................................................... 5-44 511.2 Application Requirements .................................................................................... 5-44 511.3 Action by Community Development Department ................................................ 5-44 511.4 Permit Card ......................................................................................................... 5-44 Section 512 Certificates of Occupancy ................................................................................ 545 512.1 Purpose and Effect .............................................................................................. 5-45 512.2 Standards and Review ........................................................................................ 5-45 512.3 Action by Building Division .................................................................................. ,5-45 512.4 Contents of Certificate ......................................................................................... 5-45 512.5 Posted Notice of Issuance ................................................................................... 5-45 Section 513 Appeals ............................................................................................................... 546 513.1 Purpose and Applicability .................................................................................... 5-46 513.2 Filing of Application and Notice of Appeal ........................................................... 5-46 513.3 Review ................................................................................................................ 5-46 513.4 Action by the City Commission ............................................................................ 5-46 CHAPTER 6. ARCHAEOLOGICAL AND HISTORICAL LANDMARKS Section 601 Purpose ................................................. 6-1 Section 602 Standards for DesignatJon of Amhaeological and Historical ............................. Landmarks ........................................................................................................... 6-1 Section 603 procedures for Designation ............................................................................... 6-1 603.1 Proposals ............................................................................................................... 6-1 603.2 Designation Report ................................................................................................ 6-1 603.3 Consideration by City Commission ....................................................................... 6-2 603.4 Appeals .................................................................................................................. 6-2 Section 604 Effect of Designation ......................................................................................... 6-2 Section 605 Procedure for Obtaining Approval .................................................................... 6-2 605.1 Preapplication Conference .................................................................................... 6-2 605.2 Application for Development Approval .................................................................. 6-2 605.3 Decision of the City Commission ........................................................................... 6-3 605.4 Expiration of Development Approval .................................................................... 6-3 Section 606 Guidelines for Issuing Development Approval ............................................................................................................... 6-3 Section 607 Administration, Enforcement, Violations and Penalties ................................. 6-3 607.1 Enforcement .......................................................................................................... 6-3 607.2 VielatJons and Penalties ........................................................................................ 6-4 607.3 Conflicts ................................................................................................................. 6-4 CHAPTER 7. USE REGULATIONS Section 701 Zoning Districts ................................................................................................... 7-1 701.1 Purpose ................................................................................................................. 7-1 701.2 Division Of City Into Districts ................................................................................. 7-1 701.3 Water Area ............................................................................................................ 7-2 Land Development Regulations City of Aven~ra~ Florida 701.4 Districting of Vacated Ways .................................................................................. 7-2 701.5 Boundaries of Districts ........................................................................................... 7-2 701.6 Zoning for Annexed Ar~as ..................................................................................... 7-2 701.7 Designation of Zoning Districts on Zoning Map ..................................................... 7-2 ~:,ction 702 Conservation Zoning District (CNS) .................................................................. 7-4 702.1 Purpose ................................................................................................................. 7-4 Section 703 Residential Zoning Districts ............................................................................... 7-5 703.1 Residential Districts ............................................................................................... 7-5 703.2 Residential Single Family Residential Districts (RS1) ........................................... 7-5 703.3 Residen'dal Single Family Residential Districts (RS2) ........................................... 7-6 703.4 Multi - Family Medium Density Residential Districts (RMF3) ................................ 7-7 703,5 Multi - Family High Density Residential Districts (RMF4) ...................................... 7-9 Section 704 Business Zoning Districts ................................................................................ 7-1t 704.1 Purpose ............................................................................................................... 7-11 704,2 NeighboCnoed Business (B1) D strict .................................................................. 7-11 704.3 Community Business (B2) District ....................................................................... 7-13 704.4 Heavy Business (B3) District ............................................................................... 7-20 704.5 Office Park (OP) District ...................................................................................... 7-24 704.6 Medical Office (MO) Districts .............................................................................. 7-26 Section 705 Town CenterZoning District ............................................................................ 7-29 705.1 Purpose ............................................................................................................... 7-29 705.2 Town Canter (TCl) District ...................................................... 7-29 Section 706 Industrial Zoning District .................................................................................. 7-32 706.1 Purpose ............................................................................................................... 7-32 706.2 Light Industrial Distdct (M1) .......................................... 7-32 Section 707 Community Facilities Zoning District (CF) ..................................................... 7-37 707.1 Purpose ............................................................................................................... 7-37 Sec'don 708 Recreation Open Space Zoning District (ROS) .............................................. 7-39 708.1 Purpose .................................................................................. 7-39 Section 709 Utilities Zoning District (U) ............................................................................... 7-40 709.1 Purpose ............................................................................................................... 7.40 Section 710 Spacific Use Regulations ................................................................................. 7.4t 710.1 Auto/Truck/RV/Boat Sales and Rentals ............................................................... 7-41 710.2 Boftle Club ........................................................................................................... 7-41 710.3 Child or Adult Care Centers ................................................................................. 7-41 710.4 Drive-thru Windows ............................................................................................. 7-42 710.5 Group Homes ...................................................................................................... 7-42 710.6 Multi-Family Residential ...................................................................................... 7-42 710.7 Outdoor Sales ...................................................................................................... 7.42 710.8 Outdoor Storage .................................................................................................. 7-42 710.9 Rehabilitation Centers ......................................................................................... 7-42 710.10 Utility Substations ................................................................................................ 7-42 710.11 Wa~house - Self Stera~ ................................................................................... 7-42 710.12 Wetland Mitigation Banks .................................................................................... 7-42 [~nd Development Regul~ons City of Aventura, Florid~ CHAPTER 8. OFF-STREET PARKING. LOADING AND DRIVEWAY STANDARDS Section 801 Off-Street Parking and Loading Standards ..................................................... 8-1 801.1 ~1 .................................................................................................................. 8-1 801.2 Amount of Off Street Parking ................................................................................ 8-6 801.3 Use of Permitted Facilities ................................................................................... 8-15 801,4 Off Street Loading ............................................................................................... 8-16 801.5 Drive - Through Service Windows ...................................................................... 8-17 Section 802 Driveway Requirements .................................................................................... 8-'19 802,1 Design ........................................................................8-19 802.2 Intersection with Streets ....................................................................................... 8-19 802.3 Separation Between Ddveways ........................................................................... 8-19 802.4 Maximum Width .................................................................................................. 8-19 802.5 Minimum Size ...................................................................................................... 8-20 802.6 Proximity to Propa~ Lines ................................................................................. 8-20 802.7 Paving ................................................................................................................ 8-20 802.8 Clear Sight Triangles ........................................................................................... 8-20 CHAPTER 9. SIGN REGULATIONS Section 90'1 Sign Regulations ................................................................................................. 9-1 901.1 Intent and Purpose ................................................................................................ 9-1 901.2 Definitions .............................................................................................................. 9-1 901.3 Prohibited Signs ..................................................................................................... 9-6 901.4 Required Signs ...................................................................................................... 9-7 901.5 Other s~gns/No Permit Required ............................................................................ 9-7 901.6 ReSMential Permanent Signs ................................................................................ 9-8 901.7 Nonresidential District Signs .................................................................................. 9-9 901.8 Temporary Signs ................................................................................................. 9-14 901.9 Supplemental Regulations ................................................................................... 9-17 901.10 Permit Requirements ........................................................................................... 9-19 901.11 Non-conforming Signs ......................................................................................... 9-21 901.12 Sign Maintenance ................................................................................................ 9-23 901.13 Removal of Improper Signs ................................................................................. 9-23 Section 902 Temporary Political Sign .................................................................................. 9-24 CHAPTER `10. LANDSCAPING REQUIREMENTS Section t00`1 Landscaping Requirements ............................................................................. 10-t 1001.1 Intent and Purpose .............................................................................................. 10-1 1001.2 Applicability .......................................................................................................... 10-1 1001.3 Administrative Waiv6r ......................................................................................... 10-1 1001.4 Definitions ............................................................................................................ 10-1 1001.5 Landscape Plan Required ................................................................................... 10-4 1001.6 Minimum Landscape Requirements .................................................................... 10-4 1001.7 Maintenance ........................................................................................................ 10-7 1001.8 Tree Removal Permit .......................................................................................... 10-8 1001.9 Minimum Design Standards ................................................................................ 10-9 CHAPTER 11. DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY ~ection 1101 Development Standards ................................................................................... 1`1-1 L~nd Development Regulations City of Aventura, Florida Section 1102 Subdivision Design Standards ........................................................................ 11-2 1102.1 General ................................................................................................................ 11-2 1102.2 Street Layout ....................................................................................................... 11-2 1102.3 Minimum intersection Spacing ............................................................................ 11-3 1102.4 Street Design ....................................................................................................... 11-4 1102.5 Addresses ............................................................................................................ 11-7 1102.6 Lots ................................................................................................................ 11-7 1102.7 Storm Drainage and Water Management Design Standards .............................. 11-7 Sec'don 1103 Architectural Design Standards ..................................................................... 11-11 1103.1 Design Concepts ............................................................................................... 11-11 1103.2 Pedestrian Orientation ....................................................................................... 11-11 1103.3 Minimum Design Standards .............................................................................. 11-11 Section 1104 Outdoor Lighting Standards ...................................................11-15 1104.1 General .............................................................................................................. 11-15 1104.2 Preparation of Site Lighting P an ................................. 11-15 1104.3 Minimum Illumination ........................................................................................ 11-15 1104.4 Maximum Illumination ....................................................................................... 11-15 1104.5 Lighting Height Standards ................................................................................. 11-15 11 04.6 Exceptions ......................................................................................................... 11-15 11 04.7 Street Lighting .................................................................................................... 11-15 Sec'don 1105 Wetlands Preservation .................................................................................... 11-16 1105.1 Conformance with Applicable Regulations ........................................................ 11-16 Section 1106 Coastal Tidal Water Standards ...................................................................... 11-17 1106.1 Conformance with Appliceble Regu at ons .......................................... 11-17 Section 1107 Surface Water Management Criteria .............................................................. 11-18 1107.1 Conformance with Applicable Laws ................................................................... 11-18 Section 1108 ' 11 19 Accessory uses ............................................................................................... - 1108.1 General .............................................................................................................. 11-19 1108.2 Awnings and Canopies ...................................................................................... 11-19 1108.3 Carports ............................................................................................................. 11-19 1108.4 Domestic Pet Shelters ....................................................................................... 11-19 1108.5 Fences and Walls .............................................................................................. 11-20 1108.6 Gazebos ............................................................................................................ 11-21 1108.7 Play Equipment ................................................................................................. 11-21 1108.8 Screen Enclosures ............................................................................................. 11-21 1108.9 Swimming Pools & Spas ................................................................................... 11-22 1108.10 Utility Sheds ....................................................................................................... 11-24 1108.11 Utility/Mechanical Equipment ............................................................................ 11-25 1108.11 Waterfront Lands ............................................................................................... 11-25 1108.11 Docks; Construction Requirements ................................................................... 11-25 Section 1109 Compliance with Comprehensive Plan ......................................................... 11-26 1109.1 Compliance Required ........................................................................................ 11-26 1109.2 Determining Compliance ................................................................................... 11-26 1109.4 Development Orders Requiring Concurrency Determination ............................ 11-26 1109.5 Burden of Showing Compliance ........................................................................ 11-27 1109.6 Levei of Service Standards ............................................................................... 11-27 Section 1110 Satellite Dishes ................................................................................................ 11-32 Land Development Regulations City of Aventura, Florida 1110.1 11 32 Definitions .......................................................................................................... - 1110.2 Purpose and Intent ............................................................................................ 11-33 1110.3 Small Satellite Dish Regulation ......................................................................... 11-33 1110.4 Large Satellite Dish Regulation ......................................................................... 11-37 1110.5 Violation of Article .............................................................................................. 11-37 1110.6 Contact .............................................................................................................. 11-37 Section 1111 Wireless Telecommunications Towers and Antennas ................................ 11-34 CHAPTER 12. NONCONFORMING USES AND STRUCTURES Section 1201 Purpose and Scope ........................................................................................... 12-1 Section 1202 Expansion of Nonconforming Use .................................................................. 12-1 Section 1203 Discontinuation Or Abandonment of Nonconforming Use ......................... t2-1 Sect]on 1204 Change of Use ................................................................................................... 12-1 Section 1205 Repair or Reconstruction of Nonconforming Structure ............................... 12-1 Section 1206 Alteration or Enlargement of Nonconforming Structure .............................. 12-3 Section 1207 Moving of Nonconforming Structure .............................................................. 12-3 Section 1208 Nonconforming Lots of Record ....................................................................... 12-3 1208.1 Subdivision of Nonconforming Lots ..................................................................... 12-3 June 14, 1999 Land Development Regulations City of Aventura, Florida Chapter 1: PURPOSE AND APPLICABILITY Section 101: Title This Code shall be emitled and may be refer~l to as the Aventura Land Developmem Regulations ("LDP4_"). Section 102: Authority and Purpose These La::~ r~..~ ..... ~.~,:~ enacted pursuant to the requirements and ...... r ......... ~ .....r~LDRs are authority of Chapter 163, Part II, FI~ Stat. (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers confirmed in Chapter 166, Fla. Stat. ~ Home Rules Powers Act and the Constitution of the State of Florid~ The purpose of the LDRs~,~.., · n.~ ~'~,.~..'~'...~...r~o"~l ..... * ..~.,~.~..oD~'~':~ is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval o£all development and uses of land and water in the City. in a,~tic, n an~ k~...~.~ ..~.,.'~*~a .~.~.~,. .~...~ ~.:~ a,~.~ .r'~-~.~. Further, the LDRs Land Development Regulations are adopted in order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development and redevelopment of the City. It is the intent of these gega~atim~s-LDRs that the development process in thc City of Aventura be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; m-A equitable, in terms of consistency with established regulations and procedures, and show respoct for the rights of property owners, and the consideration of-for the interests of the citizens of the City. Section 103: Applicability~ Vested Rights 103.1 General Applicability_. Unless otherwise pormitted as an Exception under Section 103.2 or allowed to continue as a Nonconforming Use under Chapter 12, all existing, proposed and new development or redevelopment and uses of land in the City of Aventura shall conform strictly to the provisions of these ~.~ ....... DP, s, no ~..~ ........DRs. Except as expressly provided in these development and usc of land shah he undertaken without prior approval and issuance of a development order pursuant to the provisions of these · ...... ~ ........ ~ .... ~,LDRs. The fact that a development order, pormit or decision has been issued by an ot~cer or employee with apparent but not actual .......... authority over the interpretation or enforcement of these LDRs shall not estop or otherwise prevent the City fi~m strict enforecmcnt of the provisions of these Regu!=ic,:~LDRs. 103.2 Exeeptions~ :Vested Rights 103.2.1 The provisions o£ these ·~,.~.. ~'~"~'"~"'~"r~"~l ..... * ..~ ....... DP, s, and Land Development Regulations City of Aven~ura, Florida Pti,ge 1~1 any amendments hereto~ shall not affect development which has been previously-approved after April 1, 1996, but before adoption hereof and is otherwise exempted in accordance with the provisions of tbJs subsection, or the nonconformity section of these Rcg-'~k:tic. ng. LDRs 103.2.2 Nothing in this Code shall be construed or applied to abrogate the vested right cfa property owner to complete development where the property owner demonstrates each of the following: (1) A governmental act of development approval was obtained prior to the effective date of this Code or prior to the effective date of an an~ndment to this Code; and (2) Upon which the properW owner bas dehh~entallv relied, in good faith, by making substantial expenditures; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. 103.2.2.1 Except as provided in 103.2.2.2 of this section, any property owner clakning to have vested rights under this section must file an application with the City Manager for a vested rights determination within 120 days at,er the initial effective date of this Code (as to any claim of vested rights prior to initial adoption) or within 120 days after an amendment of this Code (as to any claim of vested rights arising atler 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 documentax~ evidence supporting the claim. The City Manager shall review the application and based upon the evidence submitted shall make a determination within 90 days as to whether the property owner has established vested rights. The City Manager's decision shall be subject to appeal, by only the applicant for vested rights determination, to the City Commission by notice of appeal filed with the City Manager within ten (10) days after the City Manager's written decision. 103.2.2.2 Any property owner claiming to have vested rights under this section, by virtue off (D A court judgment rendered by a court of corrtpetent jurisdiction; (ii) County Vested Rights Determination4 or (iii) State Department of Communkv AllbJrs Vested Rights Determination may follow the simplified procedure authorized by this I~nd Development ltegul&tlons City of Aventura, Florida [}&ge 1-~ paragraph in lieu of the procedure provided by 103.2.2.1. The procedure under this paragr~h 103.2.2.2, shall be as follows: (i) The property owner claiming such vested rights shall file an application with the City Manager for a vested rights determination within 120 days aRer 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 upon which the vested rights are asserted, together with documentation of the applicable qtmlif34ng items (i-iii) listed above or required by the City and other docmnentary evidence supporting the clainx The City Manager ghall review the application, and based upon the evidence submitted shall make a determination, within 60 days, as to whether the property owner has established! vested rights. Vested rights applications pursuant to the criteria of this paragraph shall be presumed to exist, upon submittal of the qualifCng items (i-iii) unless clear and convincing evidence shows that vested rights have been waive& have expired or are not applicable, in whole or in part. The City_ Manager is authorized to emer into a Vested Rights Determination Agreement describing 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 exfst to complete development in accordance with prior governmental approval, under circumstances in which certain ancillary components of a proposed development are not vested. the City Mm~er may ~elv grant variances concerning such ancillary components, so long as the City_ Manager finds such variances are compatible with surrounding uses and structures and necessary to fairly implement the vested rights. (ii) The City Manager's decision shall be subject to appeal by only_ the applicant for vested rights determination, to the City Commission by notice of appeal filed with the City_ Manager within ten (10) days after the City Manager's written decision. Land Devetopmen~ Regulations City of Aventura, ]qorida P~ge 1-3 103.2.2 The provisions of the .......... v ......... e, ..... :gLDRs shall not affect development for which a building permit has been issued on or before the effective date of thc ~tial ado~on of these LDP4_, (unless issued during the period of zoning 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, each the development will be subject to the provisions of these LDR~_ except as otherwise provided here~ Section 104: Official Zoning Map The City of Aventura is divided into zones or districts, as shown on the Official Zoning Map and descn'bed in the LDR~_. The Zoning Map, together with all explanatory matter thereon, shall be considered a part of the LDR.5_. The Zoning Map is the official record of zoning status of areas within the City. A copy shall be maintained in the Corranunity Development Department. 104.1 Amendments to the Zoning Map. Amendmems 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. Within a reasonable period o f time after any mnendment to the Zoning Map, the change shall be posted on the Zoning Map. I~nd Development Regulations City of Aventura, 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 connnnn load-hearing 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-hearing walls shall constitute new construction. "Adnlt Use" shall mean any place 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 exba'oitions, including but not limited to, books, magazines, photographs, performances, videotapes, electronic media, or movies, which have as their dominam theme matters depicting, describing, demonstrating or relating to completely or to 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 discerm'oly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating to human genitals in a state of sexual stimulation 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 emerprise, club, bar, lounge 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 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 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 disecmibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, describing, demonstrating or relating to human genitals in a state of sexual stimulation 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 facility 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 facilities or rights-of-way, together with all airport buildings and facilities located on that area. Iand Development Regulations City of Aventura, Florida P~e 9-1 proposed usc and for issuance of a development order, including, but not limited to, applications for approval of permitted uses, plats, conditional uses, rezonings, site plans and variances, etc. "Area of Speeial Flood Ha~,ard" shall mean that area w~hin a community in the 100 year flood plai~ "Assisted Living Facility (ALF)' shall mean any facility, 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 unrelated persons. "Attached Residential" shall mean a Building with a common roof that houses more than one dwelling unit. "Attached Commercial" shall mean a Building with a con-aron roof that houses more than one commercial tenant. "Attached Residential Lot" shall 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 townhonse units. "Attached Residential - Multi-Family" shall mean a group of two or more dwelling units which are attaebed by one or more beaxing wails. These housing unit product types include garden apartments, townhouse units and may include other attached units. "Attached Residential - Minimum Lot Area per Unit" shall mean the mininaum required lot area of any attached residential lot within a development parcel. "Awning" shall mean a rooflike cover that is teraporary or portable in nature and that projects fiom the wall of a Building. The purpose of an awning is to shield a doorway or window fiom the elements. "Bars, Lounges and Nightclubs" shall mean a conanercial establishment whose primary business is the sale of alcoholic beverages for consumption on premises and where under 50% of gross receipts are related to food service. Bottle clubs as defined by Florida Statutes shall also be included. "Base Flood" shall mean the flood having a one percent (1%) chance of being equaled or exceeded in any given year. "Bottle Clubs" see Bars, Lounges and Nightclubs. "Bufferyard" 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 fi.om each other. In some instances bufferyards inay also be used to satisfy minimum yard requirements. "Building" shall mean any structure, either temporary or permanent, having a roof; and used or built for the shelter or enclosure of persons, animals, personal property or property of any kind. This definition shall include tents, Awnings or vehicles simatad on private property and serving in any way the function of a building. "Building Code" shall mean the South Florida Building Code, Miami-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 of 200 feet in length and used principally for the conveyance of water. "Canopy" see "Awning". "Capacity" shall mean the capab'flity of a facility to serve the needs of a user such as the number of vehicles a road can safely and sufficiently carry. "Capital Improvements" shall mean the planning of; engineering for, acquisition of land or equipment, and the construction of improvements and facilities 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 of five or more children and/or senior adults al 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 sh~ll 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 prescribed. I~nd Development Regulations City of Aventura, Florid~ Page ~-4 "Commercial Recreation" shall mean a business, or zoning district whose primary purpose is recreational activities. Commercial recreation provides for major public and private corranercial recreational, civic and cultural facilities which offer recreational opporttmities to residents and tourists. Comial 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, health clubs, pool halls, 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 repak; printing; studios and galleries; instructional businesses; and recreational uses such as movie theaters, bowling centers, health clubs, pool halls, or video arcades. Uses permitted in this category shall be consistent with the City of Aventura Comprehensive Plan and implementing regulations. "Commission" shall mean the City Commission ofthe City of Aventura. "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 Aventum's Comprehensive Plan as adopted by Ordinance No. 98-27 and as may be amended t~om 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 from time to time. "Contiguous" shall moan next to, abutting, or touching and having a boundary, or portion thereof; 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 Development Regulations City of Aventura, Florida Page ~-5 required lot area of any detached residential lot within a development parcel. "Detached Residential - Minimum Lot Area per Unit" shall mean the minimum required Lot Area of any Detached Residential lot within a Development Parcel. "Developer" shall mean any person, corporation, partnership, 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 cb~age in the use or appearance of any structure or land, or the dividing of land into parcels. The following activities or uses shall be taken for the purposes of these regulations to constitute "development": (a) A reconstruction, alteration of or material change in the extent or appearance ora structure on land. (b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land, or an increase in the number ofbnsinesses, manufacturing establishmems, or offices. (c) Alteration of a shore or bank of a lake, pond, or canal, including any "coastal construction" as defined in § 161.021, Florida Statutes. (d) Corranencement of drilling, mining, or excavation on a parcel of lan& except to obtain soil samples. (e) Demolition of a structure. (f) Clearing of land as an adjunct ofconstruction~ (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. The following operations or uses shall not he construed for the purpose of these regulations to involve "development": (a) Work by a highway or road agency or railroad company for th~ maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the fight-of-way. (b) Work by any ut'dity and other persons engaged in the distribution or transmission of gas, water, sewerage, or electricity, for the purpose of inspecting, repairing, renewing, or constructing within any established fights-of-way any sewers, mains, pipes, cables, utility tunnels. powerlines, towers, poles, tracks, orthe like. Land Development Regulations City of Aventura, Florida Po, ge ~-6 (c) Work for the maintenance, 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 stmcture. (f) The creation or termination of rights of access, riparian fights, easements, covenants concerning developinent of land, or other rights inland. (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 fi.om 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 defmition~ ""Development Agreement" shall mean an agreement hetween an individual, partnership, corporation or other govermnental entity and the City for the express purpose of defining responsibilities, scope of work, costs, payments, credits and any other relevant items relating to the Development of real property or municipal facilities. 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 Permit" 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, Conaidssion, or Board of the City having the effect of permitting development. See also Section 163.3164, Florida Statutes. "Development Parcel" shall mean a parcel of land and water used for residential or non- residential structures, accessory structures, utilities, fights-of-ways, easements, agriculture, open space and other public or private uses. Land Development Regulations City of Aventura, Florida Page ~-7 "Dish Antenna" See "Antenna Dish". "Divided Roadway" shall mean a st~et where the opposing directional lanes of tra~c are separated by a median or center mm lane. "Drive-Thru" shall mean a facility designed to accon'maodate 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 wall "Dwelling Unit(s)" shall mean a house, al:nartn~t, or condominium unit, trailer, group of moms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a conaron hall and with complete kitchen facilities 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 Regulation, Division of Hotels and Restaurants, as "apartments", "rental condoms" and "Retirement housing". "Emergency" shall mean any occurrence, or threat thereo£ whether accidental or natural caused by rmn, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds as declared by the City Manager or designee. "Engineering Construction Permit" shall mean a permit issued by the City Engineer prior to the construction of any public hi~,rovements on public or private property. "Excavation" shall mean removal or recovery by any means whatsoever of soil rock,minerals, mineral substances or organic substances other than vegetation from water or land on or beneath the surface therefore or beneath the land surface whether exposed or submerged. "Exceptional Hardship" shall mean a burden on a property owner that substantially differs in kind or magnitude from 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. "FAA" shall mean the Federal Aviation Administration. "Fence" slmll mean an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. l~and Development Regulations City of Aven~r&, Florida Page ~-8 "Finished Elevation" shall mean the proposed elevation of the land surface 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 d~ land areas l~om the overflow of tidal waters or the unusual and rapid accmulation of nmoffof surface waters fi'om any surface. "Flood Insurance Rate Map" ("FIRM") shall mean the official map on which the Federal Emergency Managemera Agency bas delineated both the areas of special flood hazard and the risk premium zones applicable. "Flood Plain" shall have the same meaning as "Area of Spocial Flood Hazard". 'Floodproofing" 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 facilities, structures, and contents of buildings. "Floor Area" shall mean the sum of the gross horizontal areas of each story of the principal building, measured from the exterior walls or from 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 ora structure's or business' fi'out stwh~ area. The facade area shall include doors and windows. The facade area shall not include canopies, overhang areas or other architectural embellishments. "Front Street" at Street comers, or in other situations where a Lot abuts mere 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 tiontage is the Front Street. In the case of unusual lot configurations, the Front Street shall be as determined by the Community Development Director. "Fnnctional Integrity" shall mean the completeness and natural stability of an assemblage of native plants and animals as indicated by measures of continuity, species diversity, species interdependence and biomass. Imnd Development Regulations City of Avengur&, Florid& Page ~-9 "Future Land Use Map" or "Land Use Plan" shall mcan the adopted Future Land Usc Map of the Land Use Element of the City of Aventura Comprehensive Plan, as defined in Rule 9J-5 of the Florida Administrative Code. "Golf Course" shall mean a nine or eighteen hole golf course, and driving ranges. Club facilities such as locker rooms, restaurants and lounges, pro shops, and other complementary uses are considered part ora golf course. "Governmental Agency" shall mean: (a) The United States or any department, commission, agency, or other (b) The State of Florida or any department, commission, agency, or other (c) Any local government or any departmem, cOutmlssion, agency, or other instrumentality thereo~ or (d) Any school board or other special district, authority, or governmental "Grade" shall mean the highest natural elevation of the ground surface, prior to construction, measured from 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 ora Parcel including land and water. "Gross Floor Area (GFA)" shall mean the Floor Area inside of the exterior walls including elevators, stair wells, common corridors, trash moms, common lobbies, conmaon rest rooms, meter rooms and ancillary power equipment rooms. "Ground Disturbing Activity" shall mean excavation or removal ofvegetatiop~ "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 t~ont of the building to the highest point of the roof surface, excluding mechanical equipment, chh,~eys, spires, steeples, radio or television antenna, flag poles, solar apparatus and utility poles. The height of a structure shall he measured to the mean height between eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat roof and to the deckline of a mansard roof. Land Development Regul&tlons City of Aventnzr&, Florida Page ~- 10 "Home Occupation" shall mean a business or occupation conducted for limited business activities in a residential district. "Hospital" shall mean a medical facility which provides for both inpatient and ou~afient tretmmm and has overnight accommodations, wherein professional services concerning personal health of hmnaus are adminigtered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which nmy lawfully be practiced in the State of Florida. "Hotel" shall mean a commercial establishment which provides overnight sleeping acconnnodations 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, that lies above n~an high water for water bodies. "Land Use" shall mean: (a) the Development that has occurred on land; or (b) the Development that is proposed on land; or (c) a use that is permitted or permiss~le on the land under the Plan, or element or portion thereof; or LDRs. "Light Industrial Use" shall mean an industrial use for the manuthcmre, fabricating, processing, converting, warehousing, distn'oufion, 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, w'oration or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, or other physical hazards; harmful discharge of waste materials including Hazardous Materials; or unusual traffic baTards or congestion due to type or amount ofvehi¢les required by or attracted to the use. "Local Planning Agency (LPA)" in accordance with Ordinance 96-27 of the City of Aventura, the City Co~fission has been designated as the local planning agency for the City pursuam to SeCtion 163.3174, Florida Statutes. "Lot" shall mean a designated parcel tract, or area of land established by plat, subdivision, or as otherw~ permitted by law, to be separately owned, used, developed, or built upon~ A lot bas an assigned number, letter or other name through which it may he 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 Development R~gula$ions City of Aventura, Florid& Poge ~-11 of which has been recorded in the Public Records oflVfiami-Dade County; or any parcel of land not part of a subdivision, that b_as been officially recorded by deed in the Public Records of Miami-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. "Lowest Floor" shall mean the lowest enclosed area (including basement) of a structure. An unfinished or flood resistant enclosure, used solely for parldng 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 of this 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 plai~ The purposes of these regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD). "Motel" shall mean a Conanereial establishinent which provides overnight sleeping accommodations for the public. Principal access to all rental rooms shall be t?om the outside and parking spaces shall be oriented in such a manner so as to facilitate direct access fi'om such units to the automobiles of the renters. "Municipal Facilities" shall mean facilities provided by the City to serve the residents of the City. These facilities may include police and fire department stations; municipal utilities including but not limited to water and wastewater plants, pumping facilities, and disposal facilities; 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 Parecl Area" shall mean the total area of a 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, conanon corridors, trash rooms, conm~on lobbies, conunon 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. "Nonconforming lot of record" shall mean a Lot of Record which does not meet the area or width requirements of these regulations for the zolaing district in which it is located. L~nd Development Regulat~ona City of Aventura, Florida Page '~-1~ "Nonconforming structure" shall mean a structure lawfully established prior to and existing on the effective date of these regulations, or any ~nt hereto which renders the structure nonconforming, which no longer conforms to the ~xtuirements of these regulations for the zoning district in which it is located. "Nonconforming use" shall mean a use lawfully established prior to and being conducted on the effective date of these regulations, or any amendmem 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. "Nursery School" shall mean any structure, tot or premise maintained or operated for the training and/or care (other than medical care) of pre-school age children. "Nursing Home" or "Home for the Aged" shall mean any facility, licensed by the State of Florida, which undertakes to provide for a period exceeding twenty-four hours, nursing care, personal care or custodial care to urn'elated 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 consulting aspects of business, professional, medical or goverranental 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 Avemura. "Office Park" shall mean a zoning district and land use district whose primary purpose is to permit planned office complexes in a campus-like atmosphere with substantial buildings and ample open space. "Open Space" shall mean any area of land and/or water, which is open and unobstructed fi'om the ground to the sky including wetland mitigation areas and areas maintained in a conm~on landscaped areas. Open space shall also include bicycle and pedestrian paths external to a development parcel Open space shall not include submerged areas below thc Control Water Elevation (exclusive of wetland areas), or areas covered with buildings, parking areas, driveways and other paved areas. "Outdoor Lighting" shall mcan any li£ht source that is installed or mourned outside of an enclosed building, excluding street lights within a right-of-way. Land Development Regulations City of Aventura, Florida Psge 2-13 "Owner" shall ~ any part owner, joint owner, tenant in conaron, tenant in partnership, joint tenant or tenant by the entirety with legal or bereficial title in whole or in part of a building or land. "Parcel" shall mean a Contiguous Lot or tract of land owned and recorckxl as the property of thc same person or persons or controlled by a single entity. "Permeable Area", "Pervious Area" shall mean any portion oftbe ground unobstructed by a surface which prevents the natural seepage of water into the ground. "Person" shall mean an individual, corporation, governmental agency, business trust, estate, trust, parmers~, association, two or more persons having a joint or coiim~on interest, or any other legal entity. "Plan" - See Comprehensive Plan. "Platted Lot" shall mean a lot which is identified on a recorded plat. 'Plotn see aLot". "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" sce "Restaurant". "Public Buildings and Uses" shall mean office and service buildings, uses, or ~acilitics owned or operated by a gov~nmental agency. "Public utility" shall mcan any publicly owned, fi-anchised or regulated facility for rendering ¢i~rical, gas, c~n~nunicatioas, transportation, water supply, sewage dispose, ~ainagc, garbege or r&usc disposal and fire protection to t~ general publ~ "Recreational Vehicle" shall rc~an a vehicle or portable structure built on a chassis, without pc~manem foundation, which can be towed, hauled or driven and primarily dcsignc~ as t~qporary living accot~m~odation for travel recreation, or vacation usc, including but not limited to, travel trailers, truck campers, camping wailers, and motor "Rehabilitation Centers" slmll mean any facility £or the treatment and rchab'ditation o£ drug dependents as defined in Chapter 397, Florida Statutes. Land Development Regulations City of Aven~nra, FLorida Page g-14 "Religious Facility" shall mean any church, symgogue, 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 raean used or intended for use exclusively for dwelling purposes, including apartment hotels, as applied to any Lot, plat, Plot, Parcel, a-act, area or Building, but not including hotel rooms. "Restaurant°' shall mean a Conanercial establishment where food and beverages are prirm~ ordered from individual menus, served at tables, and constm~ on pm "Retail" shall mean establishments engaged in selling goods or merchandise directly to the ultimate consumer for personal or household consumption and rendering services incidental to the sale of such goods. Establishraems primarily engaged in providing sexvices as opposed to products to individuals shall also be consklered a retail use. "Right-of-Way" shall mean all land dedicated for public trms~aation, whether public or private. "Road Capacity" shall 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 oftbe Highway Capacity Manual. "Sale" shall mean the exchange of a good, service, product or other item for consideration, regardless of the form that consideration takes. "Satellite Dish" - See Antenna Disl~ "Schools" shall mean an institution for instruction and learning whether public or private; including pre-schools, grade schools, middle schools, high school colleges and universities however not including private schools of professional training or day care cemers. "Setback" shall have the same meaning as Yard. "Sidewalk" shall me, an a concrete pedestrian path no less than 4 feet in width which hms parallel to and within a fight-of-way; or connects two or more non-residential parcels; or connects a parking area to the entrance of a building. "Single Family" shall mean a one family detached dwelling utilized for individually owned one family homes. "Small scale development" shall have the same meaning given in Chapter 163.3187( 1 )(c) 1 et Ir~l., Florida Statutes. Land Development Regulations City of Aventura, Florida Pa~e '2-15 "Street or Road, Arterial" shall mean a route providing service, which is relatively continuous, and of rehtively high traffic volume, long average trip length, high operating speed, and high mobility i~vormnce. Arterial roads shall generally be those roads which provide access from collector roads, non-residential driveways or limited access highways. A street having that meaning given in Section 334.03 (15), Florida Statutes, as may be amended from time to time. Also any street designated as a State Principal Arterial, State Minor Arterial or Minor Arterial according to the Trans~rtation Element of the Comprehensive Plan. "Street or Road, Collector" shall mean a route providing service which is of relatively moderate average trafl~ volume, moderate average trip length and moderate average operating speed. Such a route also collects and distributes traffic between local roads or street designated as an Urban Collector or Local Urban Collector in the Transportation Element of the Comprehensive Plar~ "Street or Road, Local" shall mean a road designated and ~ prknarfly 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 stree~ or road with a fight-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 Co~ehensive Plan. See also Arterial Street or Road and Collector Street or Road. "Street or Road, Minor" shall mean any Street or Road with a fight-of-way less than sixty (60) feet. See also Local Street or Road. "Street or Road, Private" shall mean a Street that has not been accepted 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" shall mean anything constructed, installed, or portable, thc use of which requires a location on a Parcel of land. It includes fixed or movable buildings which can be used for housing, business, Co~lal, storage, agrleultu~ or office purposes, either temporarily or permanently. Stracmre 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 of land, or if the estabtlehment of new Streets Land Development Regulations City of Aventura, Florida Page ~- 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 lands or areas subdivided. "Substantial Improvement" shall mean any repair, reconstruction or improvement of a smmtme conducted within any 12 month period, the cost of which equals or exceeds fffiy percent (50%) of the predestmction reconstruction value of the structure, as determined by the Property Appraiser of Miami-Dade County, either (1) before the improvement or repair is started, or (2), ifthe structure has heen dmnaged anti is heing restore& before the damage occurred. For the purposes of this definition, substamial improvement is considered to occur when the first alteration of any ~ 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 of local historic places. "Telecommunication Facilities" sla~dl mean any facility that is used to provide one or more teleco~mx~mications services, including, without limitation, radio transmitting telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals, An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a teleco~nanications thcility to the extent that it provides only cable service. Also, any antenna or broadcast equipment located outdoors which is used for teleconanunications 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: Cbxistmas tree sales, contractors' model homes, contractors' project offices, project 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 Trafficways Plan or any subsequently adopted Major and Collector Street Plan ofthe City of Aventura. "Tree Survey" shall mean a document meeting the requirements of21-HH F.A.C., which can he overlaid directly upon a site plan and must provide, at a minimum, the following information: Land Development Regulations City of Aventmra, Florida Page '2-17 ( 1 ) the location plotted by accurate techniques, in rehtion to all proposed development, of all existing non-nuisance trees which are proposed to be destroyed, relocated, impacted, or preserved; (2) the con,on and scientific names of each tree; mad (3) the DBH ofeach tree, or ifa multiple tnmk tree, the sum DBH for all minks. "Trip" shall mean a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). For the purposes 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, current edition. "Trip Generation" shall mean the total number of vehicle trip ends produced by a specific land use or activity. "Useable Open Spaee' shall mean common land areas, either landscaped or developed as active recreatiomd, but not located within or on top of a residential structure. "Variance" shall mean a grant of relief from the requi~ments of these regulations which permits construction in a manner o~ prohfoited by these regulations where specific enforcement would result in mmecessary 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-thru windows, or outdoor mmil sales and display areas for new or used cars, trucks, boats or recreational vehicles. "Warehouse" shall mean a business or Building used primarily for storage and dism~bution of goods and materials by manufactures, wholesalers, and dism'butors. "Warehonse- 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 fi'om the leased area and do not require an occupational license 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. Land Development Regulations City of Aventura, Florida Page ~-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 easetmm/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 fi, om the ground upward, except for permitted encroachments otherwise allowed in these LDRs. In measuring a Required yard, the horizontal distance from the further-most projection of the main Btfilding shall be used. "Yard, front" shall mean a Yard extending across the full width oftbe Plot between the fixmt 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 also Front Street. "Yard, rear" shall mean a Yard extending across the fifll width oftha 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 front, 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 extending from the front 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 of land rezoned by ordinance. Section 202: Rules of construction In the interpretation of the language of these LDRs, the roles set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the City Corra'nission` 202.1 Generalh,. Terms used in these regulations, unless otherMse specifically provided, shaU have the conano~ understood meanings, per de~nition contained within the Plan, or the meanir~ reason~y asentx:d to them by the City Commission. In the interpretation and apNieation of any prov~ion or'these regulations, the provision sha~ be held to be the minimum requirement adopted for the promotion of the public heath, safety, comfort, convenience and genend wetrare. Land Development Regulations City of Avenmr~ Florida Page ~- 19 Where any provision of these LDRs irrq~oses 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. 202.2 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. 202.3 Administrative Delegation of Authority. 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 professionaMevel 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. 202.4 Gender. Words importing the masculine gender shall be construed to include the feminine and neuter. 202.5 Non-Technical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the langnage. Technical words and phrases and such others as may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning. 202.6 Number. A word importing the singular number may extend and be applied to several persons or things as well as to one person or thing. The use of the plural number shall be deemed to include any single person or thing. 202.7 Shall May. The word "shall" is mandatory; "may" is permissive. 202.8 Tense. Words used in the past or present tense include the future as well as the past or present. 202.9 Written or In Writine. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. 202.10 Year. The word "year" shall mean a calendar year, unless othem, ise indicated. 202.11 Day. 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 Development Regulations City of Aventura, Florida Page '~-~0 (a) Center Lines as Boundaries. Where district boundaries appear to follow center lines of streets, alleys, easements, raikoads and the like they shall be construed as following such center lines. (b) Property Lines and the Like as Boundaries. Where district boundaries appear to follow street edge, lot, property or s'unilar lines they shall be construed as following such lines. (c) Boundaries In or Adjacent to Bodies of Water. (1) Where district 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 ofjurisdiction. (d) 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. (e) Dimensions. Where dimensions are not otherwise indicated on or by the Official Zoning Map, the scale of the map shall goverm (f) Variation of Actual Location from 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 govern. l,and Development Regulations City of Aventura, Florida P~ge ~-~1 Chapter 3: DECISION-MAKING AND ADMINISTRATIVE BODIES Section 301: City Commission 301.1 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 Ordin_ances of the City of Aventura, the City Commission shall have the powers and duties listed herein in regard to the LDILs. The City Commission's authority shall include but not be limited to approval, approval with conditions, or modifications or den/al. The City Commission is designated as the Land Planning Agency for the City. (a) To act as the Local Planning Agency under Section 163.3174, FI,~ Stat. (b) To adopt and amend the Official Zoning Map in accordance with the procedures outlined herein. (c) To adopt amendments to the text of the ~ (d) To review applications for conditional uses. (e) To review applications for certain temporary uses_. (0 To review variances from the development standards of these regulations. (g) To hear and determine appeals from Levels of Service Compliance in accordance with the proc~lures of this Code. (h) To review tirol plats prior to recording in accordance with the procedures outlined hereit[ (i) To hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, determb~ation made by any administrative official acting pursuant to the LD1Ls_, except where State or City regulations or ~, these LD1Ls_ specifically provide otherwise. (j) To review applications for development approval for Developments of Regional Impact (DRI) and to issue development orders. (k) To enter into de~4opme~Development agreem~sA~ments. (1) To review plat revisions. Land Development Regulations City of Aventura, Florida Pa~ $- 1 Section 302: Development Review Process 302.1 Creation and Purpose. 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, devebpmel~Development a~"re~'~r-c:'~g Agreements, vested fights determinations and site plans. Land Development Regulations City of Aventura, Florida Chapter 4: COMPREHENSIVE PLAN Section 401: Purpose The City of Avemura Comprehensive Plan was adopted pursuant to the requiren~nts and authority of Part II, Chapter 163, FlmFlorida Statutes S'w.t. (the "Local Government Comprehensive Planning and Land Development Regulation Act") and Rule 9J-5 and 9J-I 1 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 he issued under the provisions of these t~ai-I~wvqopm~ Rc~ ...... LDRs 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. Corrections, 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 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 hereim 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. 403.2 Application Requirements. Applications shall he made on a form specified by the Conanunity Development Department Director and shall he accepted during the filing periods established. The applicant shall submit all information required to adequately address the filing requiremems adopted by the Department of Community Affairs and if applicable, the requirements of Miami-Dade County. In addition, the applicant shall submit all other information determined by the Community Development Director to he necessary to address the comprehensive planning criteria of the City. A fee coveting the costs of processing an application for a Plan an~ndment shall he established fi~om time to time by resolution and shall be sabmitted with the application~ 403.3 Limitations on Number of Amendments. The City Administration shall establish a schedule for the acceptance of applications for amendments to the Comprehensive Plan. The limitations of C~pt~ Section 163.3187 e_t f~l-, as amended, Florida Statutes, as-~a~qende&regarding the number and type of amendmems which may be filed shall be complied with. Land Development Regulations City of Aventura, Florida Page 4-1 403.4 Notice of Public Hearings. Public hearings shall be held in compliance with C-hapte~-Section 163.3184(15), F~ eomt.~odda Statutes, as amended~ and the provisions of this Code. 403.5 Amendment Procedure. The procedure for amendment of the Plan shall be by ordinance, in accordance with Sections .C-hapte~s 163.3184 and 163.3187, Flori~ stamte~s F~ St. as amended. 403.6 Local Planning Agency Public Hearing. The City Commission, sitting as the Local Planning Agency (LPA), shall hold at least one advertised public bearing on a proposed Plan amendment to review the amendment and provide recom-rendafions. The meeting shall be noticed in compliance with the notice requirements of this Scct;~n Chapter. 403.7 City Commission Public Hearings. The City Con~ifission shall hold at least two advertised public bearings on a proposed Plan amendment in compliance with Sections r,~ ..... 163.3184 and 163.3187 Florida Statues .... , as amended. The meeting shall be noticed in compliance with the notice requirements of this 8ect4oa Chapter. 403.8 Transmittal of Proposed Amendment. Following the first public hearing on a proposed Plan amendment, the City, if appropriate, shall transmit the required number of copies of the proposed Plan amendment to the required state and county re w enc es 403.9 Adoption of Proposed Amendment. Upon receipt of the conm~ents from the Depamnent of Community Affairs, the City Commission sb~xll adopt, adopt with changes or deny the proposed amendment in accordance with the provisions of ~Section 163.3184(7), Florida Statutes, as amended. 403.10 Approval of Amendment. Upon approval of a proposed amendment, the City Manager is authorized to make such amendment to the plan~ Land Development Regulations City of Aventura, Florida Page 4-2 Chapter 5: DEVELOPMENT REVIEW PROCEDURES Section 501: Procedures of General Applicability 501.1 Who May File. An application for approval of a Development Permit may bc filed only by the owner of the lamt affected by the Development Permit 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 he filed by the property owner or the City of Aventura. 501.2 Application Requirements. Every application for a Development Permit shall be in a form specified by the Connnunity Developmem Department and shall he accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall he prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or by the Corranunity Development Director. 501.3 Preapplication Conference. The Community 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. 501.4 Filing of Applications. The Comanunity Developmem Director shall establish application filing deadlines and a review schedule for all applications. All applications for a Development Permit filed with the Concanunity Development Department shall he reviewed to determine whether the application is complete. If an application is incomplete the Community Developmem Department shall notify the applicant in writing of the deficiencies. An application for development approval may not he scheduled for public hearing until all required information has been submitted and the required review agencies have completed their review. 501.5 Public Heating and Notices Procedures. All public hearing and notice requirements shall he provided in accordance with the provisions of Florida Statutes, C-hapte~-Section 163.3184(15) for a change to the City's adopted Future Land Use Map, C~Fcr. Section 166.041 for adoption of ordinances and resolutions, and the City's quasi - judicial legislation as may he amended. When an application for a district boundary change, changes in zoning regulations, appeals of administrative decisions, conditiov~tl or temporary uses and variances is filed, it shall promptly he set for public hearing before the City Commission. Land Development Regulations City of Aventura, Florida Page 5-1 Written recomn~ndations of the City Manager or his designee shall be developed and such recommendations 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 describing 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 information 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 described in the application or such greater distance as the City Manager may prescribe; provided, however, that failure 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 or signs containing information concerning the application including but not limited to the applied for zoning action and the time and place oftbe public hearing. All costs of advertising, mailing and posting shall be borne by tlie applicant. 501.6 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. 501.7 Examination and Copying of Application 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 materials shall be made available upon l~repayreent of the appropriate fee and within a reasonable time. 501.8 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 Commissioi~ 501.9 Reliance on Information Presented by Applicant. The City and its departments boards and agencies shall have the right to rely on the accuracy of statements documents and all other information presented to them by the applicant or his agent, in review of an application for development approval issued. 501.10 Restriction Upon Variance and Other Development Applications. Under those circumstances in which work has been done or a use has been established or conducted without obtaining the necessary building permit or development order, no application for a variance, 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 zoning violation which resulted l?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 z.vr2::g ord~naneesLDRs. Abatement and removal is required prior to the application L~nd Development Regulations City of Aventura, Florida Page 5-2 being heard by the City Commlssiorr v .............. ~ ..... 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 r/se to the necessity for an approval application because of non-compliance with permit or development order conditions or otherwise, no Approval application shall be heard by the City Commission ~ Codec, unless the applicant has first posted with the City a satisfactory surety or cash bond. The bond shall be in a form approved by the City Attorney, in an amount of penal sum approved by the City Manager, and shall provide for removal of the structure, facility orthe 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: l. Site specific rezoning. ~.2. Conditional Use applications. ~-.3. Variances, including, but not limited to: trees, signs, setback, distance requirements between buildings or other variances permitted by this Code. 6. 4. Development of Regional Impact. 7~-.5. Any other development approval deemed to be quasi - judicial by the City Attorney. 501.12 Time Limit. Within one year al~er the Commission takes affirmative action approving an application for a variance, conditional use, other quasi- judicial zoning approval (other than a rezoning) or site plan approval (the "Approval"), the Approval must be utilized in accordance with its terms. In the event that the Approval is not timely utilized, the Approval by the Commission shah automatically expire and shall be considered void and of no effect. When taklnE affirmative action to approve an application~ the Commission may extend the time limitations set forth above, by specifically authorlzlnE a longer period of time for utilization of the Approval. Additionally, the Commission may grant a time extension for utilization of the Approval upon a showing of good 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 ifa building permit has been issued, acted upon and the development to which such Approval is an integral part is progressively and continuously carried to conclusion. 501.13 Prior Approvals. All Approvals which have been granted prior to the effective date of this section~ shall be null and void and of no further force Land Development Regulations City of Aventura, Florida Page 5-3 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 utilizine the Approval. In such instances, the time limitation established by such resolution shall prevail. Land Development Regulations City of.Aventura, Florida Page 5-4 Section 502: Permitted Uses 502.1 Purpose. Permitted uses are considered to be ftmxlamentaily appropriate within the district in which they are located and are deemed to be consistem with the Comprehensive Plan. These uses are permitted as of right, subject to the required permits and procedures descn'bed in this Sectior~ Permitted Uses require final site plan review and approval for compliance with the standards applicable to a particular Permitted Use as provided in ....... ~*: .....~ ~these LDRs 502.2 Permits Required. Except as explicitly provided herein, no use designated as a Permitted Use in this code shall be established until aRer the person proposing such use has applied for and received all required development permits which may include; final plat approval, site plan approval, a building permit and a certificate of occupancy~ all pursuant to the requirements of these ~--~"':~-~ LDRs. Land Development Regulations City of Aventura, Florida Page 5-5 Section 503: Conditional Uses 503.l Purpose. Conditional uses are generally compat~le with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding 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 compat~le with the surrounding neighborhoods and appropriate at a particular location. 503.2 Application Requirements. No use des'tgnated as a conditional use shall be established until after such use has received approval under the provisions of this Section and h~s received all other permits required by these LDRs. An application for Conditional Use approval shall be filed with the Conanunity Development Department on forms provided. The application shall include: (a) A preliminary site plan, meet'rog the technical requirements for a final site plan. (b) An application fee, as may be established fi:om t'nne to time by the City Commission. (c) A written and graphic summary of the proposed project. (d) Ownership affidavit and Owner's Sworn to Consent, if applicable. (e) Current certified survey. 503.3 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 following 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 dental to or endanger the public health, safety, cow£o~, or general welfare; (c) The proposed use shaJl be consistent with the con~nunity character of the immediate neighborhood of the proposed use; (d) Ut'flities, roadway cap~ity, drainage, and other necessary public facilities, 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 Development Regulations Cit~ of Aventura, Florida Page 5-6 (e) 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; (f) The establishment of the conditional use shall not impede the development am~¥qm'o',~am~t~f surrounding properties for uses permitted in the zoning district: and (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteri~ 503.4 Review by City Commission. The Community Development Department shall determine whether the proposed use complies with the general standards of review and use regulations and development standards and all other applicable developmem regulations. The Conanunity Development Director shall transmit to the City Manager a copy of the written staff report summarizing the facts of the case including all relevant documents and recomammdations. The City Manager shall schedule the proposed conditional use application for the next available Conmfission meeting providing the required notice proeexlures are met. 503.4.1 Public Hearing. The City Commission shall hold one public hearing on the proposed conditional use request. 503.4.2 Action by 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 reconanendation of the Administration and any oral and written comments received before or al the public hearing. Based upon the record developed al the public hearings, the City Commission may: (a) By resolution a~ept gt~rove the proposed conditional use with or without conditions; (b) Deny the proposed conditional use. 503.4.3 Conditions. The City Commission may attach such conditions to the approval as it deems necessary to ensure the proposed use conforms to the standards sat forth in the General Standards of Review and to prevent or minimize adverse effects on other property in the Land Development Regulations City of Aventura, Florida Page 5-7 may also require formal approval of a final site plan prior to the issuance of building permits. 503.5 Effect of Approval or Denial 503.5.1 Elig~ility to Apply for Buildin~ Permit, etc. Approval of the application for conditional use by the City Commission authorizes the applicant to proceed with uny 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 terms of the conditional use approval. 503.5.2 Expiration of Conditional Use Approvak 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 has obtained conditional i use approval may request an extension of this time period by fling 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 applicunt. 503.5.3 Recision of Approval by Abandonment of Use. Any discontinuation of un approved conditional use for a period of 180 consecutive days shall constitute abandonment und shall rescind the approval of the conditional use. 503.6 Amendments und Alterations to Approved Conditional Uses 503.6.1 Except as provided under Section 503.6.2, uny expansion to un approved conditional use and uny addition to or expansion of un existing conditional use shall require the same application, review and approval as required under this Section for the original approval of the conditional use. 503.6.2 Minor changes in the site plan or design details of un approved conditional use which are consistent with the standards und 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 und 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 form of a revised site plan along with a copy of the originally Land Development Regulations City of Aventura, Florida 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 proposes of this section. [and Development Regulations City of Aventura, Florida Page $-9 Section 504: New Uses 504.1 New uses. Those uses or enterprises similar to those enumerated in the Business (B) or Industrial CM) Districts will be permitted in the B or M Districts which permits one (1) or more similar uses; provided the Community Development Director finds that such new use is not more objectionable than the entanerated uses in such district, is similar thereto and will be coinpat~le therewith. No use that is enumerated in any B or t-M District will be permitted in a more restrictive district. 50i.. 2 Pro 5~~. 2 T Land Development Regulations City of Aventura, Florida Page 5-10 ;ection $05: Temporary Uses 505.1 Permit Required. No temporary use or structure which is not otherwise treated as a permitted 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 requires another type of permit, certificate or approval. 505.2 Review and Approval. An application for temporary use shall be submitted and reviewed in conformance with the Procedures of General Applicability. Notice and public hearing requirements shall not apply to temporary use or structure permits. The payment of an application fee, established by thc City Commission shall be included with thc 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 itrg~ose reasonable conditions upon the temporary use or structure permit. 505.2.1 The establishment of the following uses shall require a temporary use, structure permit or special events permit issued by the City. (a) Construction office trailers for a development project with final site plan approval. (b) Construction materials storage, processing and fabrication for a development project with site plan approval. (c) Construction equipment storage for a development project with site plan approval. (d) Tenaporary 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 he located on and limited to the property which is being marketed for sales. (e) Attended modular trailers for the purpose of collecting, storing or dism~buting goods on private property. Unattended facilities are prohibited in any zoning district. (f) Garage sales (g) 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 Development Regulations City of Aventura, Florida Page 5-11 (h) Sidewalk or parking lot sales by City licensed businesses. (i) Non City sponsored fireworks displays and shows. (j) Carnivals, fairs, concerts, circuses or similar events. 505.3 Maximum Time Limit. A maximum time limit shall be established for all temporary uses based on the minimum amount of time needed to conduct the permitted activity. Temporary uses and stmc~es 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 Cert'rlicate of Occupancy). 505.4 Revocation of Permits. Any temporary use which becomes a nuisance, violates the conditions ofthe permit or is in violation of the LDR shall be revoked by the City Manager. Any temporary use which endangem the public health or safety shall be revoked immediately by the City Manager. 505.5 Exemptions. 505.5.1 No permit for temporary use or structure will be required when such use or structure is part ora construction project by or for the City. 505.6 General Criteria and Limitations for Temporary_ Use Permits. 505.6.1 The temporary use must be compat~le with the surrounding land uses; 505.6.2 A parking problem must not be created. If off-site parking is to be u 'tflized, permission must be in writing from the owner of the property utilized. 505.6.3 An applicant may not receive a temporary use permit on the same property mom than three (3) fumes within a calendar year, unless approved by the City Manager or his designee. 505.6.4 The temporary use must not endanger the public health or safety of the citizeus or businesses of the City of Aventura. Land Development Regulations City of Aventura, Florida Page 5-12 Section 506: Variances 506.1 Purpose and Scope. The variance process is intended to provide limited relief from the requirements of the LDR in those cases where strict application of those requirements will create a practical difficulty or unnecessary hardship, as distinguished from a mere inconvenience, protu'bking the use of land in a n~nner otherwise allowed under the LDR~ Variances shall not be granted to allow the establishment of a use or density_ which is not o~ allowed in a zoning district or which would cb~ge the zoning district classification of any or all of the affected property. 506.2 Application Requirements. An application for a variance shall be filed by the i owner oftbe property upon which the variance is requested or their designated representative. The application shall be on a form provided by the Community Development Director and shall include an application fee as established by the City Commission. 506.3 Staff Review. The Community Development Departmem 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 summarizing the lhcts 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. 506.4 Review by CiOf Commission. The City Manager shall schedule the proposed variance application for the next available Commission meeting providing the required 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 by City Commission. 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 conanents received before or at the public hearing. 506.5 Standards of Review. A variance shall be granted only where the-prepondemn~ ofqhe~ompetent and substantial evidence presented in the particular case shows that all of the of the following are met: (a) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. Land Development Regulations City of Aventura, Florida Page 5-13 (b) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (c) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a usc or structure which is not otherwise consistent with the LDR. (d) The granting of the variance will not be detrimental to the public welfare 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. 506.6 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., Mc!ud~g, but 506.7 Expiration of Approval. The approval of a variance shall he void if the recipient does not receive obtain 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 applicam. 506.8 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 consistem 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 he approved City of Aventura, Florida Page 5-14 by the City Manager or his designee without obtaining additional approvals. Such minor changes will be submitted at building permit application in the form of a revised site plan along with a copy of the origin~ally approved site plan, clearly indicating the proposed minor clianges. 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 may be granted by the City Manager or his designee only when competent and substantial evidence is presented in the particular case shows that all of the following has been inet: (a) The particular variance created is a direct result of a dedication of private property to the City as requested by the City. (b) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. (c) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (d) 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. Land Development Regulations City of Aventura, Florida P~lge [ Section 507: Amendments to the Land Development Regulations and Official Zoning Map 507.1 Purpose. The purpose of this article is to provide a uniform procedure concerning the review of and proposals for amendmems 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 he 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 duly adopted in accordance with the procedures set forth herein, amend and/or supplement the LDR~, the zoning district boundaries or classifications of property now or hereaRer established or by amendment hereto. All amendments of the LDRs or Map shall he consistent with the adopted Comprehensive Plan. 507.2 Initiation. An amendment to the text of the LDR~_ may be initiated by the City Manager or the City Commission. Any affected person may pe~tio~-apply to the City to amend the text ofthe LDP~_. An mnendrnent 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. 507.3 Application Requirements. Applications for amendment to the Zoning Map and text of the LDR shall be on an application form specified by the Community Development Director. All applications filed shall be processed according to the the LDR. The information in the application shall address the standards of Sections 507.6 and 507.7 as well as the standards for a specific zoning district. 507.4 Review by Staff.. The Community 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 which sunmmfizes the facts of the case including all relevant documents, and evaluates the proposed amendment with the general purpose and standards s~ forth in this Section. The Corrgnunity Development Director sball transmit a copy of the staffreport to the City Manager. 507.5 Review by 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 shall review all amendments to the Official Zoning Map and amendmems to the text of the Land Development Regulations. 507.5.1 Public HearinA. In order to adopt an Ordinance the City Commission Land Development Regulations City of Aventura, Florida Page 5-16 notice and procedures set forth in Chapter 166, Florida Statutes an~ the public hearing shall be conducted in accordance with the provisions of this Code. 507.5.2 Action by 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 comts 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 modification; or (b) Grant another zoning classification consistent with the Future Land Use Map designation and Comprehensive Plan;or (c) Reject the proposed amendment; or (d) Refer the matter to the administration for further considemtion~ 507.6 Standards for Reviewing Proposed Amendments to the Official Zoning Map. In deciding whether to recommend approval of a proposed amendmem, the Administration and the City Commission shall determine whether or not: (a) The proposed amendmem is consistem with Goals, and Objectives and Policies of the City's Comprehensive Plar~ (b) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. (c) The subject property is physically suitable for the uses permitted in the proposed district .... a ......... '~^~ ~ ........ '~ ...... '~ (d) There are sites available in other areas curremly zoned for such use. (e) If applicable, the proposed change will conm~bute to redevelopment of an area in accordance with an approved redevelopment plan. (I) The proposed change would adversely affect traffic patterns or congestion. (g) The proposed change would adversely impact population density [lultl l~evelopmeDt RegulatioRs City of Aventura, Florida Page 5-17 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 ne'~ghborhood orthe City as a whole. 507.7 Standards for Reviewing Proposed Amendments to the Text of the LDR. In deciding whether to recommend approval of a proposed text amendment, the Administration and the City Commission shall dct~':n2-.z consider whether or not: (a) The proposed amendment is legally required. (b) The proposed amendment is cons'kstent 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 Zoning in Progress, Applicab'flity, Temporary Hold on Permits and Licenses. 507.8.1 Purpose. The zoning in progress doctrine ("Zoning in Progress") generally allows the City to apply, on a retroactive basis, changes to zoning regulations or to the zoning district status of property, to previously approved or currently in process development applications. Additionally, the Zoning in Progress allows a temporary hold on permits and licenses if there is a change in zoning, which is already in progress, that would affect the permit 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. (ii) Zoning in Progress shall not be applied to complete Land I)evelopment Regulations City of Aventnra, Florida Page 5-18 and pending applications for development permits which have been filed with the Ci_ty before February 18, 1999. (iii) Zoning in Progress shall apply to applications for development approval which were filed with City after the cut-off date established in (ii) above, and such application must comply with the criteria of the Code, except as provided 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 r~__:~:~ ............. 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 commence 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 fi:om the date of ~.rr ........ notice until the subject..,r:,~,,.,-,~-~:~:~ 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 thee existing ~..~ ........ zoning district status or the zoning district regulations as compared to the proposed teb4stmio~ zoning district status or zoning district regulations. An affected person may appeal the City staffs 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 Aventura, Florida Page 5-19 Section 508: Subdivision Plat Approval 508.1 Purpose. The purpose of this Section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by Chapter 177, Florida Statutes. 508.2 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 Avenama 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 Corranission. 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 he constructed, has been recorded in the Official Records of Miami-Dade County. 598. I. !508.2.1 A building permit may be issued for an essential governmental facility after preliminary plat review where the City Commission finds that immediate construction of the governmental facility is essential to the health, safety, or welfare 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. 508.3 Conformity to Comprehensive Plan. No plat application shall he considered by the City unless the original site and the lots to be created are in conformance with the City's adopted Comprehensive Plan. 508.4 Preliminary Plat, Advice and Comment at Developer's Option. Upon request of the applicant and payment of an application fee, a preliminary plat may he reviewed by the Community Developmem Department. The colranents and advice of stafl~ however, shall not be binding on the City or County or be construed to create any fight for the developer to rely on said comments. Review of a preliminary plat shall he done in a reasonable time with specific notice to the developer as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission. 508.5 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 satisfactory fix)m 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 departmem. The application shall be submitted in accordance with the required number of copies Land Development Regulations City of Aventura, ~lorida Page 5-20 shall be submitted in accordance with the required number of copies and with an application fee as established by the City. The following information shall he part of the tentative plat application unless waived by the Commun'my 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, ex/sting easements, buildings, watercourses, elevations, permits and other essential features. c) The names of all subdivisions ~ely adjacent. d) The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to he subdivided. e) Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces as well s'nnilar facts regarding property immediately adjacent. f) The width and location of any street or other public ways or places shown on the City or County Trafficways Plan within or adjacent to the area to he subdivided, 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 deseription and plan of proposed layout made and certified by a Florida licensed land surveyor. i) The proposed lot lines with approximate 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 unsubmitted part will he considered in the light of adjustments and counection with the street system of the plat submitted. k) The nmbering of all lots, blocks and the lettering of all tracts shall he shown on the tentative plat. All lots or tracts shall he numbered or lettered progressively. All blocks shall he progressively numbered except that blocks in numbered additions hearing the same name shall be numbered consecutively L~ad I)evelopment Regulations City of Aventura, Florida P~lge 5-21 throughout the several additions. 1) A location map at the scale of one (1) inch equals three htmdred (300) feet showing existing and proposed rights-of-way. 508.5.2 Additional Required Infonmtion. In addition to the plat and application form, 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, nmber of lots, acreage in each parcel, and nmber 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 environmental licenses and permits applied for including water managemem, and dredge and 508.5.3 Additional Information to be Provided at Option of Director. In addition to the information required with all tentative plat applications, the Colranunity Development Director may request the following infomtion if it is determined necessary to ascertain the adequacy of public facilities and consistency with the Comprehensive Plan or ,~,,~, ................. v ............ LDRs. a) A sealed current topographic survey ("Plat Survey"). ~he Plat Survey shall cover the entire area being platted and extend a minimum o£ 100 feet beyond the plat limits. The surveyor shall certify that the survey meets the requirements of this section. The Plat Survey shall contain at a minimum the following ingormation: ( 1 ) Property boundaries; (2) Existing watercourses, canals and bodies of water within or adjacent to the plat limits; (3) Existing easements within or adjacent to the plat limits and thc purposes for which the easements have been established; (4) Existing streets and alleys on or adjacent to thc tract, including nan~ and right-of-way width; (5) All encumbrances and restrictions spccitied within the Owner and Encumbrance report. b) Written confirmation from all utilities franchised to operate in the Land Development Regulations Cily of Aventura, Florid~ Page ~-22 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. d)c) Schematic 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. e)d) Legal documents in draft form ensuring perpetual maintemnec of any private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other common areas. 0e) An original title certificate or an attomey's opinion of title, and a tax letter or receipt fi.om Mlami-Dade County. g)0 Miami-Dade County DERM environmental review and resulting comments. 508.5.4 Checking and Investigating Tentative Plats. The applicant sb~ll pay such fees, as may be prescribed, for checking the tentative plat and investigating such mattem concerning it as may be required by hw and this Code. 508.6 Final Plat Review. All final plats 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 plat by Miami-Dade County. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to City and Miami-Dade County requirements. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the applicant proposes to record and dc;e!zF within one year, provided that such portion conforms with all requiremems of ~these LDRs and meets the approval of the City and Miami-Dade County. 508.6.1 Format of Final Plats. The final plat shall be prepared by a land surveyor registered in the state. The final plat 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 leg~'ole, with letters and nmbers to be no smaller than one-eighth (1/8) of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and State laws dealing with the preparation of plats. Land Development Regulations City of Aventura, Florida Page 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 doc~ts and fees for notitication shall be paid prior to and as a condition for the plat to be submitted for public hearing before the City Commission. The following information shall be part ofthe 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 deta'fled 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 from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a 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 ora 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 comers 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 Development Regulations City of Aventura, Florida Page 5-24 h) Accurate location of all monuments. i) Length of all arcs, radii, internal angles, points of curvature and tangem 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 than ninety three (93) degrees, the width of the lot at the front building setback line shall be shown~ k) The name or numbering and right-of-way width of each street or other right-of-way shown on plat. 1) The numbering of all lots and blocks shown on the plat. All lots shah be numbered either by progressive numbers, or in blocks progressively numbered except that blocks in numbered additions beating 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 of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service. o) The dimensions of all lots and angles or bearings. p) Minimum building setback lines where required 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 the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such adoption Land Development Regulations City of Aventura, Iqorlda Page 5-25 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. 508.6.3 Other data required. The following information is required to be submitted at the time of final plat application, 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 readjustmem) 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 (1) mile fi.om 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 (1) 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 fi.om any attorney authorized to practice law in this State. c) Certification fi.om the City Department 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) Ifa 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 fi-om 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 Regulations City of Aventura, Florida Page 5-26 f) Any restrictive covenants desired by the developer so long as they do not violate existing ordinances. 508.6.4 Review by City Commission. All final plats must be submitted to th~ 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 Developmem Director shah submit the report to the City Manager, for transmittal to the City Commission. The City Commission shall ~-~ .... '~ "'~ ~ approve the final plat, as recommended by statZ if the plat is found to be in conformance with these regulations, and is luti tting forth h app val 508.7 Endomement 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 forward the signed original of the final plat to the applicant for County approval. 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 imerest. 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 City Signature. Prior to final City signature upon a plat ....... : '~' v ...................... on, the deve have executed approved agreements ifreqalred by the City_ concerning the payment of the developer's share of required public facilities,~,~e,~-;"'~"~* fccr,, and any othe~ requirements of the final plat approval. ~'H'~.e g'a~-~:,;g.d~ g??.2 v ...... v.-,,~f of ~g-~ .~.,~,.,,.~a~':~- The sulxlMder 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 ovaaer to either record the plat within t?~k~y twelve (;3012) months of City Commission approval or request fi:om 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 Mlami-Dade County. Failure to record within the time specified by either the City of Aventura or Miami-Dade County shall render the approval of said plat null and void. 508.10 Enforcement Provisions. 508.10.1 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 prescribed herein and the final plat shall incorporate all changes or modifications required by the City Commissior~ In the event any such unapproved subdivision is recorded it shall be considered invalid and the City may institute proceedings to have it stricken fi:om the Public Records of Miami- Dade County, Florida at the property owner's cost. 508.10.2 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 fi:om 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 reproduc~le mylar of the duly recorded plat with the City. 508.10.3 Public Improvements. The City hereby determines it to he public policy that the City shall withhold all public improvements and services of any nature, including the maintenance of streets and the furnishing of sewerage facilities and water services from all subdivisions which have not been approved and fi:om all areas dedicated to the public which have not been accepted by the City Commission in the manner prescribed by the latad-4evetopmem eodeLDRs. 508.10.4 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 City of Aventura, Florid~ Page 5-28 corrections and/or modifications which may have been made subsequent to the plat approval by the City Commission~ The Community Development Director shall then review the plat to determine 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 he returned to the City Commission. 508.10.5 Failure to satisfy conditions of approval The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall he reported to the City Manager. If upon written notice by the City Manager the applicant fails to correct the failures the City Commission shall he notified. The City Commission upon notice to the property owner shall hold a public hearing. If the City Commission finds that the conditions have not been satisfied, the City Commission shall take immediate corrective action to ensure compliance. 508.11 Modifications to Recorded Plats. The modifications listed in this Section may he 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 zoning and Building Code provisions. 508.11.3 The combination of lots and/or portions oflot~ d:~r;.ct to create a conanon 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 (1) 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. f - City ofAventara, FIorld~ Page 5-29 e ........................ : .............. ~mg the 508.11.4 ~ ~ion of a no~esident~ ~ned ph~ed p~cel ~to not ~m t~ ~o (2) ~ce~, when t~ C~ det~es ~t a new pubfic fi~t-of-~y or ~1 a~ ~ not ~. In t~ ~, ~e Co~ ~velop~t D~t ~d E~g Div~ion ~y ~ ~t ~y or ~ of ~e fo~g ~e~ ~ pro~d~ ~d ~prov~: a. C~m ~ey b. Sketch pht c. ~ p~ p~ d. Secon~ ~ss p~ e. A~ey, access, dra~ge, ut~ty, p~thg, or o~er e~ements Pang ~d ~e p~ g. Sewer ~d wat~ p~ 508.12 ~ord~ Pht. No c~e to a ~rd~ pht ~ c~t~ or no develop~nt is ~de~en ex, pt h ~ffo~ ~th ~e record~ pht or ~ s~c~c~ ~owed ~ ~ S~tio~ Land Development Regulations City of Aventura, Florida Page 5-30 Land Development Regulations City of Aventura, Florida Page 5-31 Land Development Regulations City of Aventura, Florida Page $-32 Land Development Regulations City of Aventura, Florida Page 5-33 Land Development Regulations City of Aventura, Florida Page $-34 Land Development Regulations City of Aventura, Florida Page 5-35 Land Development Regulations City of Aventura, Florida Page 5-36 Section 509: Administrative Site Plan Review 509.1 Required. Except as provided in Section 510.3 below, application for site plan approval for all developments mc.,.,~-~ ~ ....................... shall be submitted to the Corranunity Development Department for review and approval prior to the issuance of building permits. The Community Development Department shall evaluate the site plan as it relates to conformance to the LDR and Comprehensive Plan, and shall consider internal site vehicular circulation, ingress and egress, conformance 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 welfare of its citizens. 509.2 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 forms provided by the Corranunity Development Department. A fee as established by the City Commission shall be paid by the 509.3 Exempt Development. The following activities shall not require submission of a site plan pursuant to this section. (a) The deposit and contouring of fill on land. (b) Construction of a single-family home on an existing single-family lot. (c) Construction of a single residential duplex on an existing residential duplex lot. (d) Accessory uses which would not increase plot coverage of the principal structure. (f) Land clearing activity done in compliance with a valid land clearing permit issued pursuant to the LDR and a City engineering permit. (g) Demolition 509.4 General Site Plan Application Requirements. All site plans must be prepared, signed and sealed by one or more of the following professionals. (a) A landscape architect registered by the State of Florida. (b) An architect registered by the State of Florich. (c) A civil engineer registered by the State of Floridm Land Development Regulations City of Aventura, Florida Page 5-37 (d) A land surveyor registered by the State of Floridm 509.5 Preliminary Site Plan Submission Requirements. An application for preliminary site plan review shall include twelve sets of folded and collated plans containing the following: 509.5.1 On-site sealed current (within 30 days) survey prepared by a Florida registered land surveyor, certified as to meeting the requirements of Chapter 21HH-6, Florida Administrative Code. At a minimum the survey shall show the property's topography, water bodies, easements, fights-of-way, existing structures and paved areas. This survey shall he based upon ownership and encumbrance report and shall so he stated on the survey itself. 509.5.2 A tree survey is required if there are indications of existing native tree species on the site when development is proposed within City areas of particular concern as identified in the City's Coinprehensive Plan:. The tree survey shall comply with the following minimum standards: (a) Tree surveys shall he prepared by and bear the seal of a registered land surveyor licensed to practice in the State of Florida. Tree species shall he idemified by a registered landscape architect licensed to practice in the State of Florida w~.: ......... - - ~.~, ~.....~.-- .~T~, ...... :~ (b) Surveys shall delineate property boundaries, easements, rights-of-my, bodies of surface 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 species mix and estimated number shall he identified. Trees or areas of vegetation which are required to he preserved shall he delineated. Areas infested with prohibited or controlled plant species shall also be delineated and idemified. Surveys shall also indicate such other information as may he required by the Community Development Department that is reasonable and necessary for the adequate administration of this Section. 509.5.3 Site development plans (Scale to he 1"-20' unless prior approval is received otherwise) shall include in proper form, detail, dimension and scale, the following: (a) The location, size, and height of all buildings, walls, fences, walkways, driveways, parking areas and loading Land Development Regulations City of Aventura, Florida Page 5-38 (b) The building and floor plan, including roof plan. (c) Location, character and enclosure of all outside facilities for waste storage and disposal. (d) Exterior elevations with material and color designation, (e) Preliminary landscaping plan (Signed and sealed by a Florida Registered Landscape Architect). (f) Location, size, character, height and orientation of all signs. (g) Placemem, height, and fixture design of all exterior lighting fixtures and certification by a registered professional engineer or registered architect that exterior fighting, as designed will not exceed the footcandle levels at the adjacent private property lines. (h) Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300' of the subject property. (i) Information as to all perimeter buffer requiremems for adjacent properties. (j) A master site plan is required for all phased development. (k) 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 infomtion, 509.6 Final Site Plan Filing. A final site plan shall only be fried following a determination by the Director of Community Development that the preliminary site plan is in substantial conformance with the --¥~'~°*:^~T ....... DRs A final site plan shall he 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 Preliminary Sitei Plan review plus the following: (a) Details of all types of parking spaces provided. (b) All signage locations, types and details. Land Development Regulations City of Aventura, Florida Page 5-39 (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). 509.7 Review. In reviewing plans, City staff shall require that the development satisfies the following criteria and submit a report to the City Man~er: (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) Consistency with :tZh~the aesthetic character of the City. (d) Dedication or conveyance of property for public fights - of - way as necessary to comply with the Trafficways Plan and other applicable City plans. 509.8 ~Approvak The City Manager or his designee shall approve or disapprove of administrative site plan applications within sixty (60) days after staff review. 509.9 Approved Plans. An approved site plan shall remain valid for a period of twelve months t~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 Mm~er or his designee if the applicant shows good cause in tlmt ~e dz~3' Ln obtaining building permits was not caused by the applicant. 509.10 Site Plan Revisions. Where a proposed revision of an approved site plan affects the overall design and layout or where the proposal will require review under this section, 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 gm'delines 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 Regulations City of Aventura, Florida Page 5-40 509.11 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 sb~ll provide a copy of the approved Site Plan, on disc, in a format compat~le with the City's engineering applications. 509.12 Mylar Copy of Approved Site Plans Required. Following City sign off, but prior to the issuance of a building permit, a Mylar copy of the approved site plan shall be submitted to the Colranunity Development Department. The Mylar shall be in the same scale and identical to the approved site plan~ 509.13 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. Land Development Regulations City of Aventura, Florida Page 5-41 Engineering Permits 510.1 Purpose. The review of engineering plans and sulxh'vision plans by the City's Conununity Services Departmem and the issuance of the appropriate permits 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. 510.2 Engineering Construction Permit. No land development activity including: clearing and grubbing; filling or excavation work; road construction underground utility installation and/or rehab'flitatinm and/or other activity shall commence without first obtaining engineering plan approval, an engineering construction permit, and paying the appropriate fee and bond as required. 510.3 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. 510.4 Annual Permit for Mining, Quarrying or Excavation ,,~a,,~,,. "~-~'~-mn~:--~ An annually renewable Engineering Permit issued in accordance with the regulations of this Code shall not he transferable and shall be obtained prior to connnencing ! any resource extraction activity pursuant to this code. Said permit shall he renewed on the first day of each calendar year, subject to compliance with all City requ'aements and regulations and the payment of any required fees and bond as required. 510.5 Eng'meering Right-of-Way Crossing Pemaits. No right-of-way crossings that involve the cutting or removal of pavements shall conmoence without first obtaining plan approval, an Engineering fight-of-way crossing permit, and paying the appropriate fee and bond as required. 510.6 Revocation of Engineering Permits. 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 default or has expired. (c) Failure to conm~nee engineering consm~tion within one (1) year of the date of the Engineering permit 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 permit 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 he Land Development Regnlations City of Aventura, Florida Page 5-42 as defined in Chapter 471, Florida Statutes, representing the Developer, in responsible charge of the permitted 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 fact, repeated all the work done by the original engineer, per the requirements of Chapter 61 Gl5 - 27.001 of the Florida Administrative Code.) (e) Failure to maintain a safe building site as determined by the Chief Building Official in accordance with City Code. The Community Services Director or his designee shall notify the developer in writing that it imends to revoke an engineering permit. The developer may appeal the decision to the City Manager. Land Development Regulations City of Aventura, Florida Page 5-43 Section 511: Review of Building Permits 511.1 Purpose and Applicability. The building ^~ ~:'~ : ....... · ........ :pre ......... 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 permit 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 permit to be issued by the Building Official as required, shall file an application in writing on a form provided by the Corranunity Development Department for that purpose. No development shall occur until and unless the Building Division has issued a building ~ permit. 511.2 Application requirements. Each application shall describe the land on which the proposed work is to be done, by legal description and address; shall show the use or occupancy of the building or structure; shall be accompanied by plans and specifications as required; shall state the value of the proposed work; shall give such other information as reasonably may be required by the Building Official and the South Florida Building Code to describe the proposed work; and shall be attested by the qualified applicant and property owner. 511.3 Action by Community Development Department. The Building Official shall review ail 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 ...... ~ permit if the applicant demonstrates that the proposed development is in compliance with all applicable codes. 511.4 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 permit 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 information; and such card shall be maintained in a conspicuous place on the fi'ont of the premises affected thereby during the hours of work in progress and available on demand for examination by the Building Official. Land Development Regulations CiW of Aventura, Florida Page 5-44 Section 512: Certificates of Occupancy 512.1 Propose and Effect. No new building or structure shall be used or occupied unless and until a certificate of occupancy or completion has been issued by the Building Division. No addition or stmetural alteration to any existing building or structure, other than a singie-family detached dwelling, shall be used or occupied until and unless a certificate of occupancy or certificate of completion has been issued by the Building Division. No new non-res'dential use, and no change in the occupancy of an existing non-residential use, shall be established until and unless a certificate of occupancy or completion has been issued by the Building Division. 512.2 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 ~ it is located, and that the use or structure conforms to the plans and specifications for which the building permit was issued. 512.3 Action by Building Division. The certificate of occupancy or completion shall 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 until all inspections have been approved by all required City and County Departments. The certificate of occupancy or completion may be issued in the following forms: (a) Partial Certificate of Occupancy. A certificate of occupancy for less than the entire built-out space in any given project may be issued, provided that basic life safety concerns have been provided for. (b) Conditional /Temporary Certificate of Occupancy. In situations where life-safety concerns have been provided for, a certificate of occupancy conditioned upon the completion of specific enumerated items may be issued. 512.4 Coments of Certificate. Every certificate of occupancy or completion 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 terms of this Code, shall state any conditions that may be applicable and shall be approved by and signed by the Building Official. 512.5 Posted Notice of Issuance. Every certificate of occupancy required by virtue ora 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. Land Development Regulations City of Aventura, Florida Page 5-45 Section 513: Appeals 513.1 Purpose and Applicability. This section is intended to provide for appeals fi'om the decisions of dec'ff~on-rnaking and administrative bodies having development approval authority under the LDR or fix)m 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 decision~ The authority to decide appeals shall be as specified herein, 513.2 Filing of Application 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 signing of the written order, requirement, decision, determination, or interpretation of the LDR,5. If an application is filed, the City Manager shall then make a determination of completeness. 513.3 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 Commission. The City Manager shall forward a copy of the application to the i City Commission together with a report and recommendation summarizing the i facts of the case, any relevant documents and any comments received on the applicat'lor~ 513.4 Action by the City Cmm~fission. A public hearing shall be held by the City Commission to consider the application~ 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 testhnony provided at the hearing. Alter 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 the appeal. Land Development Regulations City of Aventura, Florida Page 5-46 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 uation; and meet one or more of the following criteria: (a) Are associated in a s~gnificant way with the life ora person important in the past; or (b) Are the site of a historic evem with significant effect upon the community, city, state, or nation; or (c) Exemplify the historical, cultural, political, economic, or social trends of the community; or (d) Have yielded, or may-be are likely to yield, information important in prehistory or history; or (e) Contains any subsmface remains or historical or archaeological importance or any tmusual ground formations or archaeological significance; or (0 Is designated in the Aventura Comprehensive Plan and/or Florida Master Site File. 603: Procedures for Designation Properties which meet the criteria set forth in Section 602 above may he designated as Arehaeological or Historical Sites in accordance with the following procedures. 603.1 Proposals. Proposals for designation may he 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. 603.2 Designation Report. For every proposed Archaeological Site, the City Manager or his designee shall prepare a Designation Report Land Development Requlafions City of Aventura, Florida Page 6-1 containing the following information: (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 preh/storic and historic activities or may he drawn along property lines, streets, or geographic features to ~acilitate efficient mamgement. (c) Recommendation. The Designation Report shall also contain a recommendati?n on whether the City Commission should designate the property as an Archaeological Site. 603.3 Consideration by City Commission. 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 designation. 603.4 Appeals. Appeals fi.om 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 he final and remain in effect during the entire appeal process, unless stayed by a court of competent jurisdictior[ ;eetion 604: Effect of Designation 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 Commission. 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 Preapplication Conference. Before submitting an application for a Developmem Approval, an applicant is encouraged to confer with the city to obtain information and guidance. 605.2 Application for Development Approval. The applicant shall submit to the City an application together with supporting exh~its and other Land Development Requlafions City of Aventura, Florida Page 6-2 material as required by the City. 605.3 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 specific design guidelines officially adopted for the particular Archaeological Site. 605.4 Expiration of Development Approval. Any Development Approval issued pursuant to the provisions of this section shall expire twelve (12) months from the date ofismanec, unless the authorized work 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 competem evidence that the work will not alter the character and integrity of the Archaeological Site. Where it is determined that the character and integrity of the Archaeological Site will he 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 ~nable economic hardship. The City Commission, in granting a Development Approval, may require one or more of the following: (i) Sciemific excavation and evaluation of the site at the Applicant's expense by an archaeologist approved by the City Commission. (ii) An archaeological survey at the Applicant's expense conducted by an archaeologist 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 of the Archaeological Site for green space. Section 607: Administration, Enforcement, Violations, and Penalties 607.1 Enforcement. The Community Development Department shall assist the City by making necessa~ 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 comrary to any Development Approval required under this subsection; and shall further be respons~le for ensuring that any work Land Development Requlations City of Aventura, Florida Page 6-3 not in accordance with a Development Approval is voluntarily corrected to comply with said Developmem Appmv~ 607.2 Violation and Penalties. 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 other Codes covering the same subject, the most restrictive requirements shall apply. Land Development Requlafions City of Aventura, Florida Page 6-4 Chapter 7: USE REGULATIONS Section 701. Zoning Districts. 701.1 Purpose. In order to effectively protect and promote the genc~tl welfare and to accomplish the purposes of the City's Comprehensive P~ .......... ~ ......... the C~ty ~s divided into districts of such number, shapo and area, and of such common unity of purpose, adaptability and use that are dcemed most suitable for the health, safety and welfare ofthe community, so 701.2 Division of City into districts. For the purpose of regulating the use of land. water, avd. building, amtJaeightrbut~orm, population density, the intensity of use and provision of open space, the City of Aventura is hereby divided into the l following districts: Conservation District (CNS) Residential Districts (R) Single Family Residential (RS1) Residential (RS2) Medium Density Residential (RMF3) Medium High Density Residential (RMF4) Business Districts (B) Neighborhood Business (BI) Cormnunity Business_(B2) Heavy Business (B3) Office Park (OP) Medical Office (MO) Town Center District (TC) Town Center (TC1) Industrial District (M) Light Industrial (MI) L~nd Development Regulations City of Aventura, Florida Page 7-1 Community Facilities District (CF) Recreation/Open Space District (RES) 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 surface and land under the water surface of all canals, intmcoastal waterways, lakes and other water areas in the City not otherwise zoned is hereby placed in the CNS zoning district.~.~..~ 701.4 Districting Of Vacated Ways. Where a street or alley shown on the zoning district map is hereafter officially vacated by re - platting or otheiwise, the land formerly in such street or alley fight - 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 boandary between two (2) or more different zoning districts, the new district boundary shall be the former center line of the vacated street or alley. 701.5 Botmdaries of Districts. Unless otherwise shown, the zoning district boundaries are street center lines, alley center lines or subdividing or boundm3, lines of recorded plats or the extensions thereof. 701.6 Zoning for Annexed Areas..~A" ..~,.~ ..~.,.~,..~'~n ....... "'~"-"~ cffc~::.'c ~r.d -o~.c p!a.~ 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 Zoning Districts on Zoning Map. No later than sixty (60) days after the adoption of the Land Development Regulations, the City Manager shall present for City Commission adoption a new Official Zoning Map. tk~.~t :~.ck:dcg l,and Development Regul~tlons City of Aventura, lVlorida Pllge 7-~ I,and I)evelopment Regula~ons City of Aventura, Florida Page 7-3 Section 702. Conservation Zoning District 702.1 Purpose. 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 :k,a!! may be applied to all land designated on the City's Future Land Use Map as water or parks and recreation. 702.1.1 Uses Permitted. 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 specific 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 facilities. (c) Structures used for flood control drainage and water storage. (d) Wetlands. (e) Uses which do not itnpair the natural environtnent 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. l~snd Development Regulations City of Aventura, Florida Page 7-4 Section 703 Residential Zoning Districts 703.1 Residential Districts. These residential dkstricts are intended to provide for residential development in conformance with the parcel's Future land Land use Use_p!m~ Map designation. A residemial parcel's zoning designation shall be equivalent to the designation of the Furore Land Use P!anMap. The number of dwelling units permitted per gross acre of a zoning parcel, as defined in the LD1Ls_, shall not exceed the total number of dwelling units permitted by the City's Lava UgcComprehensive Plan designation for the zoning parcel. The uses within this district shall be consistent with, but may be more restrictive than, the corresponding Residential Land Use Plan category or Town Center kand Use Plan category permitted uses. These zoning districts shall be applied to land designated Residential on the City's Future Land Use Plan Map. A development parcel may have a maximum number of dwelling units based on an adopted development orders or resolution. 703.2 Residential Single-Family Districts (RS1). The following regulations shall apply to flae-~RS1 district_s: 703.2.1 Purpose of District. The RS1 zoning district is established for one - family detached dwellings appropriate to the needs of families on lots of moderate size in areas consistent with the city's Comprehensive Plan Land Use Element. Densities shall not exceed ~;"~' ~,~,~ thirteen (813) units per net acre. 703.2.2 Uses Permitted. 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: (a) One family detached dwelling. (b) Publicly owned recreation buildings and facilities, playgrounds, playfields and parks. (c) All uses permitted in CF district. (d) Uses accessory to any of the above uses when located on the same plot. 703.2.3 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 ceuterline of the road whichever is less. (d) Plot Coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 35% of the area of the lot. (e) Setbacks: Front Yards: Minimum of 25 feet in depth. Side Yards: Minimum of 8 feet. A comer side setback shall be l~and Developmen~ Regulationa City of Aventura, Florida Page 7-5 15 feet on the side of the plot abutting on the side street. Rear Yards: Minimum of 25 feet. (4)- Floor Areas. The minimum floor area not including garage or umirconditioned areas shall be 2,500 square feet. ~ 703.3 Single Family_ Residemial Districts (RS2). The following regulations shall apply to all P~_2 districts. 703.3.1 Purpose of Districts. The RS2 zoning district is established for one - family living environment appmpriate to the needs of families on lots of limited size in areas consistent with the city's Comprehensive Plan Future Land Use Element. Densities shall not exceed (!2)twenty-five (25) units per net acre. 703.3.2 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) All uses permitted in the CF district. (c) Publicly owned recreation buildings and facilities, playgrounds, playfields and parks. (d) Uses accessory to any of the above uses when located on the same plot. (e) Zero lot line dwelling units. ?03.3.3 Site Development Standards. (a) Minimum Lot Area: 4,000 square feet (b) Minimm Lot Width: 40 feet. (c) Maximum Height: Three (3) stories, not to exceed 55 or 25 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 15 1~0 feet in depth for a maximum of 50% of the lot fi'ontage. In all cases a minimum distance of 20 feet shall he maintained between the garage door and the right of way line. Side Yards: Minimum of 5 ~ .... ~ ............. 6 feet in width fora maximum f50% fthe lot d pth ~'-'^ '~ ...... :'~ u ...... ~t~ck s~ ~ 15 f~ on the side of ~e plot abu~g on the side ~r~t. R~ Y~: ~ of 1~ f~. ~ lots w~ch ~rd~ in the reg of ~e bt u~n a c~ or warty s~ pro.de a ~ ~t~ck of 25 f~ ~ dep~ from the ~ge ofwm~ or pro~ ~e, whch ever provides the ~e~er mt~k. (0 Floor ~e~. ~e ~ floor ~ not hchdhg g~e or ~con~ion~ m~ sb~ ~ 1,500 ~ ~et. ~ 703.4 M~ti - F~ M~i~ D~ Resid~t~ D~cts ~3). ~e fo~o~ re~fio~ sb~ ~ to ~ ~3 ~cts: 703.4.1 ~ of D~. ~e p~ ~d ~tem of ~ ~fict ~ to prohde s~mble sites for the develop~m of we~ p~, m~o~nt~ co~tible ~m dem~ m~ msident~ ~ h ~e~ ~t ~ the c~s Co~rehemive P~ Fu~e L~d U~ Ele~nt. De~kies s~ not ex~ ~enW (25) ~ts ~r ~oss 703.4.2 Urns Pe~ed. No b~dbg or m~, or p~ ~[ s~ ~ er~t~, ~ or ~& or ~d ~ h whole or pm for o~er ~ one or ~re of the fo~o~g ~cffic ~s: (a) Two - ~y dwe~s. (b) Triplexes ~d ~&plexes (c) To~s not to exc~ 6 ~s h ~y one ~oup. (d) Low ~ Ap~ts (e) ~d ~ A~ms. (0 ~ ~s ~ed ~ CF ~t. (g) ~b~c~ om~ ~remion b~s ~d ~c~ies, p~y~o~, ph~el~ ~d ~ (h) U~s ~sm~ to ~y of the a~ve ~s when locat~ on the ~ plot. 703.4.3 Site Develop~nt St~. (a) ~ Lot ~a ~d Width: ~plexes: ~h dwe~ of a two ~ gmc~ s~ ~ located on a plot not less ~ 60 feet ~ ~d~ ~d 4,~ ~ f~t ~ ~ To~o~s: Not less t~ 160 f~t ~ ~d~ ~d 16,000 ~ f~ ~ plot ~ea. ~ere to~o~ dwe~s ~ des~ ~ co~cted for ~ om~p of each dwe~ mt ~d ~e ~d ~ere~der by a ~mte ~d different o~, each dwe~g ~ my ~ locat~ on a lot not less t~ 20 f~t ~ ~d~ ~d 80 f~t Land Development Regulations City of Aventura, Florida Page 7-7 in deptk Each dwelling unit of a Quadruplex shall be located on a lot of minimum of 1,600 feet. Low and Mid Rise Apartmems: 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 Apartmems: 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 of 25 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 li~ontyard 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 of 25 feet. (e)~ Floor Areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet. trhemar&mum (f) Minimum Distances Between Buildings: S~"~n~d 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) Minimm 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. (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) Access~ility: All multi - family developmem projects within the zoning district sb~all 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 sb~ll not count as a part of the floor area, but shall be counted in computing building height. Land Development Regulations City of Avent~ra, Florida Page 7-8 Height of Building Floor Area Ratio 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.80 703.5 Multi - Family High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 districts: 703.5.1 Purpose of Districts. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatble medium-high density muk'ffamily residential use in areas consistent with the City's Comprehensive Plan Furore Land Use Elemem. Densities shall not exceed sixty (60) units per gross acre. 703.5.2 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. (c) All uses permitted in the CF district. (d) Publicly owned recreation buildings and facilities, phygrounds, playfields and parks (e) (e)lfl Uses accessory to any of the above uses when located on the same plot. 703.5.3 Site Development Standards. (a) Minimum Lot Area and Width: Duplexes Townhouses Low and Mid Rise: As required in the RMF3 zoning district. High Rise Apartments: Not less than 100 feet in width and 16,000 square feet in plot arem (b) Maximum 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 (astm angle of forty-one (41) degrees) will not thll on any adjacent property except for public mad fights-of-way. Shadow studies sh~dl be provided to the Community Development Depamnent. (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: hand Development Regulations City of Aventura, Florida Page %9 Front Yards: Minimum of 25 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 frontyard 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, Mid and High Rise Apartments: 25 feet in depth. Rear Yards: Minimum of 25 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 tmaircomtitioned 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 maintained with grass, trees, and shrubbery. (h) Access~ility: 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 story 0.80 4 story 1.00 5 story 1.20 6 story 1.40 7 story 1.60 8 sto~y 1.80 9 story or over 2.00 Land Development Regulations City of Aven~ra, Florida Page 7-10 Section 704 Business Zoning Districts 704.1 Purpose. These business districts are intended to provide for commercial developmem in conformance with the Comprehensive Plan and allow provide for a variety of zoning districts to acconai~odate the City's business and conanerce ~.~,,l~ ........... wil~,~:'~ ..... ,~. 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 shall be consistem with, but may be more restrictive than, the cormspo~ Business and Office and Industrial and Office category permitted uses. 704.2 Neighborhood Business (BI) 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 which are usually a daily 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 stmctare, 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: (a) Grocery stores and pharmacies with each store limited to two thousand (2,000) square feet of total floor are& (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 ............ use and limited to the following: hardware, bakery, shoes, dairy, meat market, poultry shop, bookstore, newsstand, tailor shop, florist, gift/card 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 flaming shop. (c) Personal services with each use limited to twenty-five hundred (2,500) square feet of total floor area per esmbtistmae~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 small appliance repair, tailoring and alterations, photographic film pickup, laundromat open not earlier than 7:00 a.m. and not closed later than 11:00 p.m., and restaurant without drive-through facilities. (d) Offices ........... ~ uses such as the following, limited to twenty thousand (20,000) square feet per establishmem 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. (0 Nursery school, child center or adult daycare subject to the following standards: a. Building shall be located at least thirty (30) feet fi.om 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 fffiy (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 from a service bar only provided no entertainment of any kind is furnished. 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. 704.2.2 Conditional Use. The following uses may be established if first approved as a Conditional Use: · Outdoor cafes. · Residential uses as a combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed fffiy (50) percent of the floor area of the building. · Drive - thru facility. 704.2.3 Uses Proldbited. 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~and Development Regulations City of Aventura, Florida Page 7-12 (a) Any use not specifically permitted. (b) Adult entertainmem establishmems as defined in the Land Developmem 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 fruit or merchandise from tracks, 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. 704.2.4 Limitations Of Uses And Structures. Except for automobile parking lots and play areas of day nurseries of public and private schools, all activities of permitted uses, including sale, display, preparation and storage, shall be conducted emirely within a completely enclosed building. Storage shall not be made above the height of the walls. Overhead doom or other openings larger than eight (8) feet in width shall not be located on the front or hnn~iate street side elevations of buildings. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this Code. 704.2.5 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-one-htmdredths (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) percem 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. Evcny plot shall have a street side yard of not less than twenty (20) feet in deptk There is no side or rear yard setback for a plot which is not adjacent to a street or alley. 704.3 Community Business (B2) District. This district is intended primarily to provide L&nd Development Regulations City of Aventura, Florida Page 7-13 for general commercial activity for a wide range of goods and services to the entire community and sub region~ 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 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: (a) Any use permitted in a B1 District subject to the requirements of that district as outlined here~ (b) Auditoriums. (c) Automobile new parts and equipment, sales only. (d) Bait and tackle shops. (e) Banks, including drive-in teller service. (0 Billiard rooms and pool moms (g) 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 of floor are~ (j) Electrical appliance and fixtures stores including related repair shops. (k)Employment agencies. (1)Furniture stores, ~ of new merchandise only. (m)Grocery stores and supermarkets. (n)Handeratted-products shop. (o)Health and exercise clubs and spas. (p)Department stores. (q)Lawn mowers, ~ sales and service. (r)Mortuaries or funeral homes. (s)Motorcycles sales and repairs. (t)Pet shops and dog beauty parlors in air-conditioned buildings. (u)Post office stations and branches,,,~,~,~,~+~a ~ ........... +~ which directly the public (v) Liquor Package stores (w) Restaurant, night clubs, lounge, and catering. 1. Outdoor play equipment: Play equipment areas shah 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 Land Development Regulations City of Aventura, Florida Page 7-14 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 often (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 commercial 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 permitted 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 shah be fully automatic requiring no employees for car wash related services. 3. Maximum capacity of the accessory car wash shall be one (1) vehicle. 4. The accessory car wash must have a working oil/sand interceptor to which all drainage bom 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 minimum 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 shah 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 Community Development Director. 6. In no event shall required walls, berms or plantings Land Development Regulations City of Aventura, Florida Page 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 buffeting requirements as outlined in this Code. 3. The accessory car wash must have a working oil/sand interceptor to which all drainage from the car wash must flow. 4. Hours of operation shall not exceed hours of operation of the service statior~ 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: 1. The minimum plot area shah be two (2) acres. , 2. Any outdoor recreation areas including swimming pools shall be located at least twenty-five (25) feet 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 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 excursioa sightseeing, pleasure or fishing trips. · Automobile washing. · Self' storage facility. · Heliport landing sites · Auction sales. · Indoor commercial recreation uses including, but no limited to: theater, bowling center, miniature golf, skating rink, health clubs and physical fitness facilities. l~and Development Regulations City of Aventura, Florida Page 7-16 · Service stations, subject to the following regulations: 1. The minimum lot area shall be twenty thousand (20,000) square feet. 2. The minimum fi:ontage on a street shall be one hundred fifty (150) feet. 3. The minimum setback of any building fi:om aH street lot lines shall be sixty-five (65) feet. 4. The minimum setback of gasoline pumps fi:om any street lot lines shah be fifty (50) feet. 5. At the terminus of any pump island, a planter area of a minimum of two feet shall be provided to accommodate a small tree (ten (10) feet maximum) and ground cover/shrubs. 6. Gasoline vent stacks are to be placed either in the rear half of the property, or away f~om the street enclosed within a decorative structure or painted an inconspicuous color. 7. Parking shall be permitted 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 from headlight glare, undesirable noise and views by the following: (a) A decorative masonry wall, of uniform appearance six (6) feet in height, above finished grade, except along street fromages abutting a fight-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 least four (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 performed at full service pump island shall be conducted within thc I~and Development Regulal;ions C'ity of Aventura, Florida Page 7-17 building. No major repairs shall be performed (not including ak, water or vacuum). · Uses that exceed the height limitations. 704.3.3 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: (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)Offpremises catering. (e) Sales, display or storage of used merchandise other than antiques. (f)Purchase of used goods. (g) Sale of fruit 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 he conducted only l~om within approved permanent substantial buildings. 704.3.4 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 ns follows: a) Open-ak 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: 1. The garden shop must he accessory to and operating as a part ora retail business. 2. Total square footage of the garden shop shall not exceed the total square footage of floor space within the principal retail business. 3. An accessory garden shop shall he 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 he 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 · u~ ' ' , ........ ppli · .l~ c. pcr~ngg m '~' .....it No machinery, su es, 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 l~and l)evelol~ment Regulations City of Aventnra, Florida Page 7-18 from the property line of the development boundary. One (1) 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 (1) other gate in addition to the gate described in 4, above, at the rear of premises shall be provided to allow bulky items 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) P'lay areas of day nurseries or public or private schools. e) Any drive-thru business. f) Refueling areas of vehicle service stations. g) Tennis, racquetball, squash and handball courts, swimnfing pools, and running tracks, and outdoor seating areas apptmenant thereto. h) Overhead doors or other openings larger than eight (8) i 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. 704.3.5 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-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) Maximum 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 1 foot for every 2 feet in distance from the residential zoned plot unless the application of this requirement would limit the building height ~ to a minimum of 25 feet. Land Development Regulations City of Aventura, 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 from 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 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. 704.4 Heavy Business (B3) District. This district is intended to provide locations for planned coranaercial centers, sharing a common identity, parking and other support facilities developed according to an overall development plan; and for a wide range of goods and services to serve a market beyond the community itself.. Such con~nercial concentrations are expected to draw substantial patron, age from outside areas and are not expected to serve the convenience needs of local residents. As such, these centers should be oriented towards, and have direct access to arterial roadways, particularly major arterials. 704.4.1 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: (a) Any use permitted in a B1 or B2 District subject to the requiremems of that district as modified hereLr~ (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~and Development lte~ulations City of Aventura, l~lorida Page 7-20 (f) Telephone exchange and telemarketing. (g) Offpremises 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 fi.om thoroughfares and adjacent residential districts. (j) Professional and research and development offices. (k) Accessory uses and structures. 704.4.2 Conditional Use. The following uses may be established if first approved as a Conditional Use: · Buildings or structures exceeding the height limitations set forth in this section, up ta 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. 704.4.3 Additional Uses Permitted. The following uses shall only be permitted inthe B3 Zone: (1) 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 permitted (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 "R" 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 shah apply. Land Development Regulations City of Aventura, Florida Page 7-21 The distance and spacing requiremems shall be measured by following a straight line fi-om 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 from 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 descn'oed in subsection 704.4.3, and between such uses and private schools, public schools, houses of worship, public parks, public libraries, day care centers or nurseries for children and adults, or "R" zoning districts, the applicant for such use shall furnish a certified survey from a registered surveyor. Such sketch shall indicate the distance between the proposed adult use, and any uses described in subsection 704.4.3, any house of worship, public school, private school, public park, public library, day care cemer 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 playhouses or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits. 704.4.4 Uses Prohibited. The permitted uses enumerated in this district shall not he comm~ 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 ak sale or display of machinery or construction equipment. 704.4.5 Limitations 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 Development Regulations City of Aventura, Florida Page 7-22 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. f) 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 shall be permitted only when the entire site so utilized is not closer than three hundred (300) feet from 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 oriemed toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this Code. 704.4.6 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 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) Maximum Height: No building or structure shall be erected or altered to a height exceeding 20 stories or 200 199 feet. That portion of a building or structure within 200 feet of any residential zone shall be subject to a height limitation of 1 foot in height for every 2 feet in distance fi'om the residential zoned plot L~nd Development Regnlations City of Aventura, Florida Page 7-23 unless the application of this requirement would limit the building height to a minimum of!egg ~n 25 feet. (c) Minimum Lot Area and Width: There shall be no minimum 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. 704.5 Office Park (OP) District. This district is intended to provide for high-quality, semJ-professio,~al and professional offices in a campus scttJng reflecting creative desigll and environmentally compatible use of space and perimeter buffer areas. This zoning district may be applied to land designated Business and Office and Industrial and Office on the Citl/s Future Land Usc Map, however the uses within this district shall be consistent with, but may he mere restrictive than, the corresponding Business and Office and Industrial and Office category permitted 704.5.1 Uses Permitted. No building or structure, or part thercot~ shall he erected, altered 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 indtLstfia] 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 facilities) (f) Uses generally accessory to the above principal uses. Accessory uses are thosc uses that are associated with the principal use(s) and which provide scrviee primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall Land Development Regulations City of Aventura, Florida Page 7-24 be lknited to a maximum of fifteen (15) pereem 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 permitted in the CF district. (h) Hotels, motels, resorts and time share units, subject to the following: 1. The minimum plot area sha~ be one and a half (1.5) acres. 2. Any outdoor recreation areas including swimming pools shall be located at least twent~-five (25) feet from the plot line of any adjacent residentially zoned property and screened from any such adjacem 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. 704.5.2 Conditional Use. The following uses if first approved as a Conditional Use: · Business-Related Schools. Pharmacies limited to drags and medical supplies. · Uses that exceed the height limitations. · Marine industry uses. · Drive thru bank facilit~ 704.5.3 Uses Prohibited. Except as specifically permitted in this section, the following uses are expressly protu~bited as either principal or accessory uses: (a) Residential uses. (b) Adult emerminment. (c) Retail and non-marine industrial uses. 704.5.4 Site Development Standards. (a) Minimum Lot Area and Width: The minimum fi'ontage requirements shall be one hundred (100) feet, with a minimum lot area of one and one half 0.5) acres including right-of-way dedications. (b) Maximum Height: No building or structure, or part thereof shall be erected to a height exceeding l0 stories or 120 feet, whichever is less. (c) Floor Area Ratio and Lot Coverage: The floor area ratio shall be forty t~£'¥T hundredths (0.40) (0.3 0) at one ( 1 ) story and shall be increased by eleven e[g~X hundredths (0.11)w-',-,ma°~ for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and l,anfl Development Regulations City of Aventura, ~'lorida Page 7-25 number of stories. The total lot coverage permitted for buildings on the site shall not exceed forty (40) percent of the total lot area. (d) Setbacks: Every plot shall have a front 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 fifteen (15) feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 30 feet. (e) Minimum Open Space: 22% of the net lot arem Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50% of roof decks and other above-grade surfaces which are provided and maintained for the corranon benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty (20)! percent of the required open space. 704.6 Medical Office (MO) District. This district is intended to provide for medicall 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. 704.6.1 Uses Permitted. 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: (a) Business/professional offices. (b) Hospitals (c) Nursing Homes (d) Medical laboratories. (e) Laboratories for medical research and development, including the use of medical laboratory equipment and devices (f)Dental & medical offices (g)Banks, savings & loans (no drive-in tellers). (h)Restaurants accessory to primary uses (no drive-in facilities) (i)Pharmacies limited to drags and medical supplies. (j) Hotels, motels, resorts and time share units, subject to the following: · The minimum plot area shall be one and one half' (1.5) acres. · The mum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be Land Development Regulations City of AvenSura, Florida Page 7-26 individually rented by a customer, shall be three hundred (300) square feet. (k) All uses permitted in CF district. (1) 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 accumulative total of all accessory uses shall be limited to a maximum of filteen (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) ALV 704.6.2 Conditional Use. The following uses if first approved as a Conditional Use: · Business-Related Schools. · Multi-family residential uses. · Uses that exceed the height limitations. · Retail uses with a minimum lot area of two (2) gross acres. · Drive thru thcility. · Heliport landing site. 704.6.3 Uses Prohibited. Except as specifically permitted in this section, the following uses are expressly prohibited as either principal or accessory uses: (a) Adult emertalnment. (b) Retail uses on a lot less thantwo (2) gross acres. (c) Industrial uses. 704.6.4 Site Development Standards. (a) Minimum Lot Area and Width: The minimum frontage requirements 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 stmcmre, or part thereof shall he erected to a height exceeding 10 stories or 120 feet whichever is less. (c) Setbacks: Every plot shall have a fi~om yard not less than 50 feet in depth. No parking areas shall he 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 deptl~ Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 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 (0.11) for each additional story. Structure parking shall not count as part of the floor area, but shall be l~and Development Regulations City of Aventura, Florida Page 7-27 counted in computing building height and numher 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 he conducted entirely within a completely enclosed building. Storage shall not he made above the height of the walls. Overhead doors or other openings larger th~an eight (8) feet in width shall not he located on the fi'ont or immediate street and/or side elevations of buildings. If oriented toward contiguous residentially zoned land said opening sb~l he screened in accordance with the requirements contained in the LD1L L~nd Development Regulations City of Aventura, Florid~ Page 7-28 Section 705 Town Center District 705.1 Purpose. The purpose and intent oftl~ district is to provide suitable sites for the developmem of structures combining residential and commercial uses in a well planned and compat~le manner. The uses within this district shall be consistent with, but may be more restrictive than, the corresponding Town Center Land Use category permitted uses. Residential densities shall not exceed 25 units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0. 705.2 Town Center District (TC1). The following regulations shall apply to all TC1 districts: 706.2.1 Uses Permitted. 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, 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 comb'ming residential dwelling units conforming generally with the intent of the RMF3, Multi-Family Medium Density Residential district, with office and/or retail commercial uses allowed in the B1, 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 permitted in the CF district. 705.2.2 Accessory Uses Permitted. Permitted 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 permitted 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 permitted restaurant or retail use. 705.2.3 Conditio~ Uses Permitted. The following uses may be established if first approved as a Conditional Use: · Those uses penultted in the RMF3 district. · Those uses permitted in the B1 district. · Sale of alcoholic beverages for on-premises consumption except with meals. · Uses that exceed the height limitations. Land Development Regulations City of Aventura, Florida Page 7-29 705.2.4 Uses Prohibited. Except as specifically permitted in this division~ the following uses are expressly proh~oited 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 constuner. (d) Sales, purchase, display or storage of used merchandise other than antiques. (e) Sale of fruit 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 fi.om within approved permanent substantial buildings. (f) Any drive through service facility. 705.2.5 Site Development Standards. (a) Minimum lot size: 16,000 square feet. (b) Minimum !or width: 100 feet. (c) Maximum lot coverage: 45% of total lot are~ (d) Maximum floor density 1) 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. (0Setbacks. 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 setback of 20 feet in depth is required. iii) 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 of 20 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) Minimum Floor Areas. The minimum floor area not including garage or tmairconditioned areas shall be as follows: Multiple family dwelling unit: Et~ciency 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. Land Development Regulations City of Aventura, Florida Page 7-30 Efficiency units shall not exceed 40% of the total number of residential units within a building. (h) Required Open Space. A minimum of 35% of the total lot area of the site shall be provided as corranon open space available for use by all residents; of this con'anon open space a minimum of one- half shall be unencumbered with any structure (except for play equipmem for children and associated motmting, 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 facilities, amenities, pedestrian walks entrance landscaping and features (not including gatehouses and associated vehicle waiting areas), or maintenance facilities. 705.2.6 Aceessibilitv. All residential units shall be aceess~le to the outside via a direct exit or an entry lobby that does not require residents to pass through a leasable commercial space. 705.2.7 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. 705.2.8 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 vis~le from adjoining properties. Land Development Regulations City of Aventura, Florida Page 7-31 ~ection 706 Industrial Zoning District 706.1 Purpose. 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 shall be consistent wit& but may be more restrictive tb~a~, the Industrial and Office Lan~ Use Plan category permitted uses. 706.2 Light Industrial District (MI). The following regulations shall apply to the Mi district: 706.2.2 Purpose 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, repair, or sales of marine vessels businesses serving the needs of clients, customers or visitors to such facilities; and facilities to promote and increase the understanding of marine architecture, design, research and construction. 706.2.3 Uses Permitted. No building or structure, or pan thereofi sb~all 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) Fabrication and construction of ships and boats. (b) Repair and modification of ships and boats. (c) Manufacturing and repair 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 equipmem and tackle, but not including the storage or sales of live bafit. (f)Marine warehouses. (g)Retail uses which serve the district. (h)Marine showrooms. (i)Self service storage facility. 0)Warehousing including crating, packing and shipping. (k) Manufacturing research and development business limited to buildings of twenty-five thousand (25,000) square feet or less in area per lot. (1) Office uses which serve or represent any primary industrial use in the district. (m)All uses permitted in the CF district. l~and Development Regulagions City of Aventura, Florida Page 7-32 (N) Dry and wet boat storage. 706.2.4 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 cOllSUlIler. · 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 facilities · Marinas 706.2.5 Accessory Uses Permitted. Permitted incidental and accessory uses shall include: (1) Fabricators and constmetors of ships and boats may operate the following facilities when located on, or adjacent to, their primary facility. 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 primury facility. (a) Facilities to accommodate plant tours. (b) Book. map and girl shops. (c) Restaurants that do not sell alcoholic beverages. (d) Museums and instmctional centers. (e) Facilities to manufacture, sell and dism~bute souvenir clothing and fashion 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 fabrication facilities 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 facility. 1,and Development Regulations City of Aventura, Florida Page 7-33 706.2.6 Uses Prohibited. Except as specifically permitted in this division, the following uses are expressly proifibited 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 tracks for parts sales. (e) Recycling or processing of construction and demolition debris materials recycling facilities. (f) Paint or vamishmanufacture. (g) Oil compounding or barreling. (h) Die casting. (i) Meat processing, slaughtering. (j) Fish smoking, curing and canning. (k) Airport (1) Bus storage or repair facilities. (m) Manufactme of asphalt, brick, tile, glues, cement, lime plaster, concrete or products thereof; acids, carbon, plastics, disinfectants, poison, insecticides and batteries. (n) Open ak 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. (o) Institution for the housing of sick, indigent, aged or minor persons. (p) Hotels and motels (cO Mantrlficmring and/or storage of explosives. (r) Bars and cocktail lounges. (s) Mortuaries. (t) Any use not specifically permitted. (u) Open ak display, sale or storage of merchandise, materials or equipment, or any service or process performed outdoors unless enclosed by a n~somy wall not less than six (6) feet in height. (v) Pulp or paper mills. (w) Adult entertainment. 706.2.7 Limitations Of Uses And Structures. All permitted 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 he located on the mediate streetside elevations of buildings. However, on comer and double ficontage lots said land Development Regulagions City of Aventura, Florida Page %34 doors shall be permitted behind a 6 foot deeomtive masonry wall with doors fronting properties of like zoning. If oriented toward contiguous residentially zoned land said opening shall be screened in accordance with the requirements contained in this Code. (b) Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to con~r and double frontage lots. 706.2.8 Site Development Standards. (a) Minimum Lot Area and Width: The minimum size of plots shall be fifteen thousand (15,000) square feet 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_50) 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, from 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 specific requirements in this district. (e) Minimum Open Space: 12% of the net lot area. Said landscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement 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 required landscaped 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 landscaped open space. 706.2.9 Performance Standards. I (a) No building or structure, or part thereof, shall be erected or used, [ in whole or in part, in any manner that is obnoxious, [ objectionable, a nuisance or a hazard to adjoining properties, as it I relates to sound, w'brations, odors, glare, radioactive 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 I~and Development Regulations City of Aventura, 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 he meant to include parking of all company owned and operated vehicles with the exception of passenger vehicles. No storage shall be permitted between a frontage street and the building line unless behind a 6 foot decorative masonry wall. Such wall sh~ll he constructed a minimum of five feet from 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 with the structure and landscaped with a continuous hedge and trees on each elevation of the walk All other fuel tanks, regardless of type will he located underground. There will he 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 land shall he well graded and ~ee from underbrush and objectionable plant growth. All unimproved land shall he kept flee of debris and shall not be used for storage of any materials. The mad right of way landscaped areas shadl he mowed at least every two weeks by the adjoining property owner. (f) All property shall he kept flee from mbblsh or debris. All buildings sh~ll he kept painted and protected from deterioration and shall not he permitted to become dilapidated. (g) All driveways, walkways, parking areas, storage and loading areas of developed property shall be well graded and surfaced with at least aspb~tltic concrete or other equivalem hard, dustless materials. (h) The nature of any light industrial use shall not he dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or create a disturbance or annoyance. l~and Development Regulations City of Aventura, Florida Page 7-36 Section 707 Community Facilities Zoning District 707.1 Purpose. 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. 707.1.1 Uses Permitted. 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: (a) Parks. (b) Schools. (c) Educational or vocational institutes. (d) Churches or synagogues and other houses of worship. (e) L~raries. (f) Cultural, civic and community centers. (g) Municipal Govemment, administration, services and maintenance facilities. (h) Police and fire protection facilities. (i) Uses generally accessory to the above principal uses. 707.1.2 Conditio~xl Use. The following uses if first approved as a Conditional Use: · Governmentally sponsored or subsidized residential/care facilities for the aged and/or handicapped, nursing homes, convalescent homes, and congregate care facilities. · Hospitals and clinics. · Non - municipal governmental facilities and buildings. · Private fraternal, civic, charitable, professional or educationxl non - profit organizations. · Federal post office. · ALF. 707.1.3 Uses Prolm'bited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory uses: (a) Residential uses. (b) Retail uses. (c) Aduk entertainment uses. (d) Industrial uses. 707.1.4 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 Development Regulations City of Aventura, Florida Page 7-37 shall be one Hundred (I00) feet. (b) Maximum Height: No building or structure shall be erected or altered to a height exceeding ten stories or 120 feet, whichever is less. (c) Setbacks: From -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 - 30 feet. Rear -20 feet. Rear, from edge of water - 10 feet. Adjacent to any RS or RMF Districts - 30 feet. Land Development Regulations City of Aventura, Florida Page 7-38 Section 708 Recreation/Open Space Zoning District 708.1 Purpose. 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/or Town Center on the City's Future Land Use Map. Because of the nature of uses involved and the variety of arrangements 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. 708.1.1 Uses Permitted. No building or structure, or part thereof; shall he erected, altered or used, or land used in whole or part for other than one or mom of the following specific uses: (a) Open space and passive recreational areas. (b) Golf course. (c) Boat ramps and docks. (d) Outdoor cultural, educational and civic facilities. (e) Parks. (1) Waterways. (g) Uses accessory to any of the above uses when located on the same plot. 708.1.2 Uses Prohibited. Except as specifically permitted in this division, the following uses are expressly prolabited 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. 704.5.4 Site Development Standards. (a) Minimum Lot Area and Width: The minimum size ofplots 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 he erected or altered to a height exceeding five stories or 60 feet, whichever is less. (c) Setbacks: All 25 feet. Adjacent to any tmfficway 75 feet. Section 709 Utilities Zoning District 709.1 Purpose. 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. 709.1.1 Uses Permitted. 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: (a) Water and wastewater pumping stations. (b) Wellfields. (c) Electrical utility substations. (d) Public utilities. (e) Communication facilities. (0 Railroads. (g) All uses permitted in ROS district. (h) Uses accessory to any of the above uses when located on the same plot. 709.1.2 Conditional Use. The following uses if first approved as a Conditional Use: · Solid waste disposal, transfer or recycling facility. · Power plants. · Waste transfer statior~ · Water and wastewater plants. · Telecommunications towers or transmission facilities. 709.1.3 Site Development Standards. (a) Minimum Lot Area and Width: The minimum size of plots shall he 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 altered to a height exceeding seven stories or 80 feet, whichever is less. (c) Setbacks: All 25 feet. Adjacent to any Wafficway 75 feet. No parking areas shall be located within 20 feet of any residentially zoned property or within 10 feet of any street line. I~nd Development Regulations City of Aventura, Florida Page 7-40 Section 710. Specific Use Regulations. The specific conditions set out below shall be applied to each proposed use during condition~ use and site plan review. 710.1 Automobile and l,i~ht Track, New Sales A~encv or Rental. shall be permitted only upon approval after public hearing in any business or industrial zoning district and subject to the following conditions: (a) That a cominuous, densely planted greenbelt of not less than fllteen (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 fights-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 minimmn caliper of two and one- half (21/2) inches at time of planting. (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 comained elsewhere in this chapter. (c) That all outdoor paging or speaker systems are expressly prohibited. (d) That no repair work of any type is permitted on premises unless approved after public hearing. (e) That used vehicle sales shall be permitted as an accessory use providing said vehicles are in good condition, late model and l operable. (f) All outdoor display areas and visitor parking areas shall be clearly designated on an approved site plar[ 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 rote provided for in the Parking and Loading Requirements. Merchandise shall not be displayed within 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 la&nd Development Regulaglons City of Aventura, Florida Page 7-41 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 bom trafficways and adjacent properties. 710.4 Drive-thru Windows. All uses which provide drive-thru service shall meet the design requirements contained in the Parking and Loading Requirements. 710.5 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. 710.6 Multi-Family Residential. Multi-family residential projects shall be under the unified control of a s person, as d .........~. ~., homeowners association or condominium association. 710.7 Outdoor Sales. All sales, service and storage shall be conducted in a completely enclosed building except where specifically permitted. No pennanem outdoor sales shall be permitted within any public or private right-of-way, required parking or traffic circulation area, fire lane, any landscape area or within a sidewalk. 710.8 Outdoor Storage. All businesses which store materials, 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. This regulation shall not apply to cars or trucks used in the normal course of business parked overnight in designated parking areas. All outdoor storage shall be indicated on a site plan and buffered fi.om adjacem properties by the required bufferyard of this code with the addition of a finished concrete wall. 710.9 Rehabilitation Centers. No Rehabilitation Center shall be established within 1,500 feet of an existing Rehabilitation Center, as measured fi.om the edge of the parcel containing the existing facility. 710.10 Utility Substations. All non-municipal utility facilities shall be required to obtain conditional use approval, unless otherwise specified in these regulations, prior to a building permit being issued. 710_.11 Warehouse - Self Storage. A warehouse - self storage facility shall not be permitted to contain businesses which require an occupational license for the premises. No wholesale or retail sales are pennitted. "Self-service storage facility" shall be defined as a fiflly enclosed space used for warehousing which contains individual storage traits with floor area no greater than four hundred (400) square feet and an interior height not to exceed twelve (12) feet. 710.12 Wetland Mitigation Banks. Wetland mitigation banks sb~all be a permitted use in land designated Water or Parks and Recreation on the Future Land Use Map. Land Development Regulations City of Aventura, Florida Page 7-42 On site mitigation for a development project is a permitted use. Land Development Regulations City of Aventura, Florida 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 facilities in accordance with the provisions of this section for the use of occupants, employees, visitors or patrons. Such off-street parking facilities shall be maintained and continued as an accessory use as long as the main use is continued. 801.1.1 Existing Buildings. Where a building existed at the effective date of this article such building may be modemized, 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 facilities 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 facilities 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 regulations 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 anlawful for an owner or operator of any building, structure or use affected by this section to discominue, change or dispense with, or to cause the discontinuance or reduction of the required parking facilities apart from the discontinuance, sale or transfer of such structure or use, without establishing alternative vehicle parking facilities which meet the requirements of this section. It shall be unlawful for any person to ut'flize such building, structure or use without providing the off-street parking facilities to meet the requiremems of and be in compliance with this article. 801.1.2 Proximity 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 fi:om the use they are intended to serve provided the owner I~and Development Regulations City of Aventura, Florida Page 8-1 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 facilities 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. ?,2~ .... , .... ~ ~,~:~ ~, ,n~ r~:~., ss ..... In approving off-site parking, the City Manager must find that the off-site parking facility is reasonably located in relation to the use it is intended to serve, based upon such factors as the type of facility, likely purpose of the trip to the facility, distance ~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 fiont of buildings shall be discouraged. 801.1.3 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. 801.1.4 Required Handicapped Spaces. Parking spaces for disabled persons shall be provided in accordance with Chapter 553, Part V of the Florida Statutes, as amended fiom time to time. 801.1.5 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-f~unily, duplex or townhouse. (a) The following number o f spaces are recormnended: Regular Stroller Spaces Spaces Up to 100: 1 101 to 500 2 501 to 1,000 3 Over 1,000 One ( 1 ) addition_al space for each 500 parking spaces over 1,000. (b) Location of parking spaces. Such spaces should be located as closely as poss~le to parking spaces designated for the physically handicapped and/or disabled persons; provided however, parking spaces designated for the physically handicapped and/or disabled I~aad Development Regulations City of Aventura, Florida Page 8-2 persons must take precedence. Where no parking 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 from adjacent parking to an accessible entrance. (c) Signage and markings. All parking spaces for persons transporting young children and strollers should be prominently outlined with green paint and posted with an approved permanent above-ground sign which shall 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. 801.1.6 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 ~ provide a single parking space of 9' X 18' flee from 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 family homes, zero 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 801-2. (d) Access~ditv. 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 access~le 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 shall be one-way only which are less than twenty-four (24) feet 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 Development Regulations City of Aventura, Florida Page 8-3 _kIINIMUM SPACE REQUIREMENTS ,.AT VARIOUS PARKING ANGLES FOR SELF-PARKING FACILITIE~ PARKn~G PARKING STALL AISLE CURB ~ 9,~" '~ S-S: 1~.0' 18.0' ~ ,~5' .~,.~ ~ ~:0~ ~ 5.o' ~ :~.7' 5~ ,o' ~' ~,0' ~0,1' 18.0' 1Q,4' 58.2' ~' 9,9~ ~8.o' ~ 9.0' 60.0' Figure 801 - l I~xnd Development Regulations City of Aventura, Florida Page 8-4 i i 90° PARKING 45* PARKING Developer has option to eliminate the 2' bumper overhang area, provided that 6" continuous curb is installed in lieu of the conc. wheel stop, · (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 surfaced with brick, asphalt or concrete surfacing maintained in a smooth, well-graded condition. (f) Drainage: All off-street parking facilities shall be drained so as not to cause any nuisances on adjacent or public property. Such drainage facilities shall 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 freestanding wheel stops is prohibited in all parking areas. All parking stalls shall be fronted with a cominuons 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 surfaces are prohibited, although the location of sidewalks inside of islands is allowable if an equal amount of landscaped surface is provided. Islands at the front of parking spaces must allow a clear zone of twenty (20) inches to allow for bum~ overhang. Lateral islands separating parking spaces must be provided at least every nine (9) spaces in widtk 801.1.7 Parking Setback. The edge of all parking pavement and access roads (not including driveway connections to a street) shall be set back a minimum of ten (10) feet from the right-of-way of all streets. This setback distance shall be landscaped in conformance with these regulations. 801.1.8 Landscaping of Off-Street Parking. Parking structures and surface 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 shall be as follows: 801.2.1 Residential Single Family Detached and Residential Duplex.: (a) Garage spaces. Each dwelling unit is required to provide a minimum of one (1) 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,and l)evclopment Reg*dations City of Aventura, Florida Page 8-6 living area is prohibited. (b) Exterior spaces. All dwelling units sb~ll provide a minimum of one (l) 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 sidewalk travel lines. 801.2.2 Residential Townhouse. (a) Garage spaces. Each dwelling unit is required to provide a minimum of one (1) parking space in a fully enclosed, attached private garage. Conversion of the garage into living area is prohibited. (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 sidewalk travel lines. 801.2.3 Residential Multi-Family. (a) One and one-half (1 1/2) ummebsed parking spaces shall be provided for each efficiency unit or one ( 1 ) bedroom unit. (b) Two (2) --~.c!c,~d 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 percent (5%) of the spaces otherwise required. 801.2.4 Other Residential Buildings (a) Dormitories, fraternities: One (1) parking space for each bed. (b) Hotels and motels, including clubs: One (1) parking space for each sleeping room. If, in addition to sleeping rooms, there are other uses operated in conjunction with and/or as part of the hotel/motel, additional off-street parking spaces shall be provided for such other uses as would be required by this section it' such uses were separate fi:om the hotel/motel to the extent off (1) Thirty-five percem (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 Development Regulations City of Aventura, Florida Page 8-7 conference facilities, 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 ~n~ ...... t 1.~) parking space for each dwelling unit plus one (1) space for each employee on the day shift. (d) Housing for elderly or others requiring moderate special care, including adult congregate living facilities, assisted living facilities, extended care facilities and long-term care facilities: tt~ee-qua~ one half (0.75) of one space per bed plus one (1) 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 (1) 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 fi:om individual components based on (c) through (e) above. 801.2.5 Non-residential: Amusement and recreational facilities. Amusement center, general ~slmee~J~r 1 space per 200 square feet GFA, ~ Arenas and stadiums 1 space per 4 seats or 1 space per 200 square feet GFA, ~ Baseball/softball diamonds 2_05 spaces per diamond. Auditorium 1 space per 4 seats or I space per 200 square feet GFA, whichever is greater. Batting cages 2 spaces per cage. Billiard/pool center 1 space per 150 square feet GFA. Bowling center 4 spaces per lane, plus any restaurant, lounge and retail componem. Cinema/movie theatre 1 space per _4 3 seats. Community Cemers 1 space per 200 250 square feet GFA. (nongovernmental) Courts, outdoor (tennis 3 4 spaces per court. handball, racquetball, etc.) Dance hall 1 space per 4 seats or 1 space per 200 square feet GFA, whichever is greater. Dance school 1 space per 200 square feet GFA. Golf course 4 8 spaces per hole, plus driving range and clubhouse facilities (retail, restaurant, etc.) Laud I)evelopraent Regulations City of Aventura, Florida Page 8-8 Golf driving range 2 spaces per tee station~ Indoor court facility 4 5 spaces per court, plus spa, restaurant, lounge or retail. Marinas, commercial 5 spaces, plus I space per for each 2 slip_s, plus 1 space for each 5 I~0 dry storage spaces, plus 1 space for each 250 350 square feet of indoor disphy space of boats for sale, plus 1 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 '~on-residemial: Miscellaneous" subsection. Miniature golf course 3 spaces per hole. Theatre, live perform~mce I space per 4 seats or 1 space per 200 square feet GPA, whichever is greater. Swimming pool, commercial 1 space per 50 square feet of water, plus retail, spa, or restaurant 801.2.6 Non-residemial: Community and educational facilities. Community centers 1 space per 200 250 square feet GPA. Child or adult care facilities See: schools, nursery. Day care facilities See: schools, nursery. Fratemal buildings, lodges, I space per 100 square feet GPA. union halls Colleges and universities, 1 space per classroom plus 1 space adult business and per student OR 1 space per 10 seats professional schools of largest assembly room (if' applicable), whichever is larger. Government offices 1 space per 300 square feet GPA. Hospitals 2 spaces per bed, plus outpatient medical clinic and outpatient medical offices, if any. Libraries 1 space per 350 square feet GFA. Museums 1 space per 350 square feet GPA. Post Offices 1 space per 100 square feet of public service area plus 1 space per employee. Sanitariums, orphanages, See: other residemial buildings. homes for the infirm Schools, elementary 5 spaces plus 1 space per classroom OR 1 space per 10 seats of largest assembly room, whichever is larger. Schools, middle 5 spaces plus I space per classroom ~"~ ~ space fc, r each !9 ~'adents OR I space per 10 seats of largest assembly room, whichever is larger. Schools, nursery 5 spaces plus 1 per employee OR 1 space per 400 square feet GFA, whichever is larger. Schools, high 10 spaces plus 1 space per classroom plus 1 L~nd l)evelopment Regula~iona City of Aventura, Florid~ Page 8-9 space for each 5 students OR I space per 10 seats of largest assembly room, whichever is larger. School, vocational 5 spaces plus 1 space per classroom plus 1 space per student. 801.2.7 Non-residential: Industrial, manufacturing and warehousing uses. Building supplies, sale of 1 space per 400 square t~et GFA. Comractor shops (general, 1 space per 400 square feet GFA. electrical, pluming, roofing, air conditioning) Construction equipment, sales 1 space per 400 square feet GFA or rental plus 1 space per 1000 square feet outdoor display or storage. Distribution terminals 1 space per 500 square feet GFA. Manufacturing 1 space per 800 square feet GFA. Marine supplies, wholesale 1 space per 400 500 square feet GFA. Medical supplies, wholesale 1 space per 400 500 square feet GFA. Research and testing 1 space per 500 square feet GFA. laboratories Trucks, heavy: sales or rental 1 space per ~,00 500 square feet GFA plus 1 space per each 2000 square f~et of display or storage. Sell-storage warehouses 1 space per 2,000 5000 square feet GFA plus 1 space per 300 GFA for office plus 2 spaces for living quarters. Warehouses 1 space per 800 1000 square feet GFA. 801.2.8 Non-residential: Offices, medical and professional. (For office buildings over 150,000 square feet, see "Large Office Buildings" subsection) Business and professional 1 space per 350 300 square feet GFA. offices Health institutions 1 space per 300 square feet GFA. Medical and dental offices 1 space per 300 square feet GFA. Medical and dental clinics 1 space per 300 square feet GFA. Research and testing 1 space per 500 square feet GFA. laboratories Telemarketers 1 space per 100 square feet GFA. Travel agencies. 1 space per 300 square feet GFA. Veterinarians, animal hospitals 1 space per 300 square feet GFA. 801.2.9 Large office buildings. A large office building must meet the following criteria: 1) Contain a minimum of one hundred filly thousand (150,000) square feet of total gross floor area for thc building; 2) Restrict the ultimate occupancy of the building to a l~and Development Regulations City of Aventura, Florida 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%) oftbe 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%) of the gross floor area. In addition, a credit of ten percent (10%) of the total parking requirement shall be deducted from 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 1 space per 100 square feet GFA. lounges, pubs, taverns, nightclubs. Cafeterias I space per 125 200 square feet GFA. Coffee and pastry store, 1 space per 150 200 square feet GFA. coffeehouses Delicatessens 1 space per 150 200 square feet GFA. Fast food restaurants 1 space per 125 200 square feet GFA. Ice cream parlor 1 space per 150 200 square feet GFA. Restaurants, traditional 1 space per 150 200 square feet GFA. Open ak seating for restaurants and bars shall be calculated at fifty percent of the square footage of the area. Open ak seating is defined as follows: (a) Any seating area which is not ak-conditioned --~'~'~--*,,.,..,,,.~ ,~ ~':~-..~,,~-~ ~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 Cemers" subsection.) Art galleries I space per 350 square feet GFA. Animal hospitals, see: offices and medical offices veterinarians Auction galleries 1 space per 250 square feet GFA, or 1 space [Jand Development Regulations City of Aventura, Florida Page 8-11 per 3 seats in assembly or auditorium area, whichever is larger. Automatic teller machines 6 spaces for first machine, 4 spaces (stand alone) for each additional machine. Automobile repair garages 3 spaces plus 4 3 spaces per service bay. Automobile rental 5 spaces, plus 1 space 1 space for each 25 parking spaces for vehicle invemory. Automobile sales 1 space per 200 300 square feet of interior area (not including service bays) plus 1 space for each g5 3~5 parking spaces for vehicle inventory plus 4 spaces for each service bay. Automobile service station 3 spaces, plus I 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. Automobile washes, hand I ....... ~nn ...... c~, r,_~ ^ and automatic 4 spaces plus 8 stacking spaces per line or station~ Bakeries 1 space per 200 250 square feet GFA. Barher and beauty shops 2 spaces per chair or 1 space per 150 square feet GFA if not provided. Banks, other similar 1 space per 200 square feet GFA, financial institutions plus 4 spaces per ATM Building and home repair 1 space per 300 square fee~ GFA. supplies. Butcher shops 1 space per 150 250 square feet GFA. Carpet, tile and other floor I space per 500 square feet GFA. coverings retail stores Convenience store 1 space per 200 square feet GFA. Dry cleaners and laundries, 1 space per 150 200 square feet GFA. take-in Drugstores and pharmacies 1 space per 200 square feet GFA Furniture stores 1 space per 500 square feet GFA. Funeral homes, mortuaries I ........ A .~.4 ~,~: .... ~,n ....... ~,,~ spaces per 1000 S.F. GFA. Grocery stores 1 space per 150 200 square feet GFA. Hardware stores 1 space per 300 square feet GFA. Laundry, self service 0.75 spaces per each wash machine and clothes dryer. Liquor store, package stores 1 space per 150 square feet GFA. Marine supplies I space per 300 square feet GFA~ Service station See: automobile service station~ Swimming pool supplies 1 space per 300 square feet GFA. All other retail uses 1 space per 299 250 square feet GFA. l~and l)evelopment Regulations City of Aventura, Florida 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 leasable 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 any one 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 cemers may apply ~,:,:~. ,~.~ t-:~, r~--:~:~- 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 to, information 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 Development Regulations City of Aventura, Florida Page 8-13 (b) P~g for p~ng~s of ~i~ ~ats, c~ ~ats, water ~ or f~es: ~e ~ ~at capaci~ of ~ats mm~. Przv:c~zn cf r ~07 t~ · ........ o .......... ~ 80].2.]4 C~cu~g R~ukcd P~ Spaces: (a) U~s not s~c~y ~mion~: ~e requires for o~-~t p~ for ~y ~ ~s not s~y ~ed ~ ~ ~ction s~ ~ the ~e ~ pro~d~ ~ t~ ~tion for the ~ mo~ s~ to thc one ~u~t, ~ d~e~ by ~e Co~ Devclopmcm Dep~nt. (b) Fractio~ spaces: ~en ~ts or mc~cmems dcte~g n~r offered o~-~ct p~ ~cs rc~t ~ r~cmcm of ~ctio~ spa~, ~y such ~ction eq~ to or ~eater ~ one- ~(1/2) s~ rcq~e a ~ og-~ct p~ space. (c) Mked ~s: N ~e c~ of~ ~s, the tot~ ~q~mS for og-strect p~g s~ ~ thc ~ of the rcq~emems of thc v~om ~s compmed ~p~ately, ~d o~-~t p~g space for one ~ s~ not ~ ~mider~ ~ pro,ding the ~qu~d off- ~reet p~g for ~y o~er ~. (d) Me~e~ms: 1) For the p~s of t~ c~ptcr, ~oss Floor Mca (GFA) s~ mc~ the floor ~ca ~ide of ~e e~efior w~ l~xnd Development Regulations City of Aventura, 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 wails 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 higk 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 areo. 801.3 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 utili~g 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:~e~4~x~)4~ 801.3.2 Limitations On Use Of Required Parkin~ Facilities. The following uses and activities shall not be permitted in required parking facilities: (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 Development Regulations City of Aventura, Florida Page 8-15 temporary use permit. (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 plat[ 801.4 OffStreet Loading. 808.4.1 General Provisions.: Adequate space for loading and unloading 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 enlarged or any use is extended so that the size of the resulting occupancy comes within the scope of this section, the i full amount 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 a 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 access~le from a street or alley without crossing or entering any other required loading space, and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Such loading space shall also be accessible fi: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: (a) For each retail store, storage warehouse, wholesale establishment, industrial plant, lhctory, fi-eight terminal, market, restaurant, funeral home, laundry, dry cleaning establishment or s'nnilar building or use which has an aggregate gross floor area off 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 Developmen~ Regulations City of Aventura, Florida Page 8-16 feet or major fraction thereof- I space (b) Convenience store - 1 space (c) For each multiple dwell'rog, hotel or motel which has a number of dwelling or hotel/motel units off 25 to 50 units - 1 space Over 50 to 200 units - 2 spaces Over 200 units - 3 spaces Such loading spaces shall not be located in the required front 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 off Over 20,000 square feet but not over 40,000 square feet - 1 space. Plus for each additional 60,000 square feet over 40,000 square feet or major fraction thereof. - 1 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 facilities for two (2) or more buildings or uses, provided that such off-street loading facilities 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 Windows. 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 from the circulation lanes necessary for entering or exiting the property. Each drive-through lane shall be separated from other on-site lanes. Each such drive-through lane shall be curbed Land Development Regulations City of Aventura, Florida Page 8-17 striped, marked or otherwise distinctly delineated. A separate and distinct escape lane shall be provided x~:~ ~ ~ .... ,~.~.~ ........... c~ ~:,~ ~:.~..~,:~ ............................ , .............. n 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 from any parking space. Pedestrian walkways shall be clearly separated from drive- through lanes. 801.5.1 Specifications. Stacking spaces necessary for the provisions of drive-through lanes shall be determined 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 stacking area shall be provided in the indicated amounts. Type of Facility Primary Stacking Auxiliary Stacking Automatic Teller 4 per service lane I per service lane Machine Bank 4 per service lane I per service lane Car Wash 4 per service lane 2 per service lane as accessory use 3 per service lane I per service lane Gatehouse 2 per resident lane 5 per visitor lane Laundry, Dry 2 per service lane 1 per service lane Cleaners Pharmacies 3 per service lane 1 per service lane Restaurant 6 per service lane 2 per service lane Video rental 5 per service lane I per service lane 801 6 '" ' Land Development Regulations City of Aventura, Florida Page 8-18 Section 802. Driveway Standards. 802.1 Desig/~ Driveway locations, cross-sections and grades shall be installed in accordance with this Section, approved engineering plans, and the South Florida Building Code as amended from time to time. Driveway access to the street system shall be according to the Subdivision Design Standards, Street Layout contained in these regulations. 802.2 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. 802.3 Separation Between Driveways. 802.3.l Residential Lots. Driveways for single family residential lots shall be separated by a minimum o f ten (10) feet. 802.3.2 Mtflti-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 frontage. 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 oflandseaped frontage. 802.4 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 permitted 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) Multifamily 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 comaining 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 permitted driveways up to forty-eight (48) feet in width per driveway, except that driveways containing a curbed landscaped median may be permitted up to fifty-six (56) feet in width per driveway. The total Land Development Regulations City of Aventura, Florida Page 8-19 number of driveways allowed shall be limited to the number allowed by the plat, or the approved site plan. 802.5 Minimum Size. Driveways for single family and duplex structures in all residentially zoned districts shall have a minimum 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 of the subject parcel unless otherwise specified in these regulations. Driveways for three car garages shall have a minimum width of 26 feet. 802.6 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) Multifamily Residential -- Ten (10) feet or the buttkr yard requirement contained in these regulations, whichever is greater (c) Non-Residential -- The width of a required buflh' yard, or if no buffer yard is required, ten (10) feet to another non-residential parcel or fifteen (15) feet to a residential parcek 802.7 Paving. Driveways shall be paved with a hard, dust-free paving material complying with the South Florida Building Code, as amended from 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 permitted. In all other zoning districts all driveway connections (aprons) shall be paved with Type S-1 asphaltic concrete or other material approved by City's Engineer. 802.8 Clear Sight Triangles. All driveways and street intersections 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 Major Streets. Twenty (20) feet along the right-of-way lines from the intersection of two major streets. (b) Major Street/Local Street. Twenty (20) feet along the right-of-way lines from the intersection of a major street with a local street. (c) Two Local Streets. Twenty (20) feet along the right-of-way lines! from the intersection of two local streets. (d) Driveway/Major Street. Twenty (20) feet along the right-of-way Land Development Regulations City of Aventura, Florida Page 8-20 lines from the intersection of a driveway with a major street. (e) Driveway/Local Street. Ten (10) feet along the fight-of-way line from the intersection of a driveway with a local street. (f) No parking areas shall be permitted within clear sight triangles. 802.8.2 Landscaping. The area within any clear sight triangle shall be planted and maintained in a way that provides clear visibility from 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. City of Aventura, Florida Page 8-21 Chapter 9: SIGN REGULATIONS Section 901. Sign Regulations 901.1 Intent and Purpose. The purpose o£ this Section is to promote and protect thc public health, safety and general welfare by regulating ex, lng and proposed Signs and other street graphics within the City. In particular, this Section is intended to preserve the unique aesthetic character of the City and ensure that Signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance tbe physical appearance of the community, p:eserve the natural beauty 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 intention of this 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 proprietocs or of the community as a whole. (c) Legible under the circumstances in which they are seen. (d) Effective in indexing the environment. (e) Conducive to promoting traffic safety by preventing visual distraction. 901.2 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 form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainn~nt. Animated Sign: A Sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent fights other than Time and Temperature Signs, stock market price quotations 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 from the exterior wall of a building and composed of a non-rigid material, and a supporting framework. Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi-rigidity for the purpose of floating above the ground or a building. Land Development Regulations CiW of Aventura. Florida Page 9-1 Banner Sign: A Sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only 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 establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the properly on which the stmctare is located. Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered or contained within a box-like structure, lhme or other device. Bunting: Any kind of pennant, streamer or other similar fabric decoration. Building Frontage: The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Dkector. Bus Bench/Shelter 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 from 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 Temporasy Sign which advertises solely a function or event ora non-profit organization, civic evem or meeting, or other similar activity of a temporary nature. Construction Sign: A Sign containing information 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 Location: Any free standing building located adiaeent 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. Development Identification Sign: A Sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development or neighborhood. Director: The Director ofthe Community Development Department. Directional/Instructional Sign: A Sign that guides or directs the public and Land Development Regulations Cil3~ of Aventura, Florida Page 9-2 contains no advertising. The name of the facility (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 to 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 elements, as well as gatehouses, either singly or in any combination. External~ Illuminated Sign: Any Sign illuminated by shielded electric lights (including reverse channel lighting and hack-lighting) which are not part of the Sign. All Externally Illuminated Signs shall have the illumination device fully screened from view. Facade: The front face of a building from the ground to the roofline. Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government or other public or private entity. Government Instructional Sign: A non-commercial Sign permanently erected and/or maintained by the City, the County or State, or any agency thereo£ 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 shall apply to only acute care hospitals and associated facilities with a minimum of 300 in-patient beds. Internally Illuminated Sign: Any Sign having translucent characters, letters, designs, logos or outlines illuminated by electric lights located within the Sign, or luminous 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 ora similar design for sale or rent. Monument/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. &lulti-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 facilities 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. Land Development Regulations City of Aventura, Florida Page 9-3 Neon Sign: Any Sign or building trims ut'~lizing 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 emertainment that is sold, produced, manufactured, available or furnished 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 Bulh~ng: A Principal Building prknarily 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 or more office concerns. Painted Wall Sign: Any painted Sign attached to and erected parallel to the face of, or painted on the outside wall of any building. Parapet: A false front or wall extension above the Roottine of a Pr~,cipal 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, from one property tine intersecting said street to the furthest distance property line intersecting the same street. Pole Sign: Any Sign erected upon a pole or poles that 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-flames; Menu! and Sandwich Signs; Balloon Signs and Vehicle Signs. Principal Building: ~he primary structure excluding ancillary, accessory or attached structures or devices. Projecting Sign: A Sign directly attached to and extending from a building or other structure by more than four inches. Pylon Sign: A Sign attached to or painted on the face of a vertical or horizontal extension of any face of a building 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 face or the surface of the Sign. A Sign on which the only copy that changes is an electronic or mechanical indication of Land Development Regulations Ctiy of Aventura, Florida Page 9-4 time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a Reader Board. ReM 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 Distr,: 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 fighting within the letter, number or logo so that they reflect offofthe wall, i.e., reverse fighting. Roof.. The roof of the Principal Building. Roofline: ~he lower extreme of the flat or nearly flat roof limits of the Principal Building. Roof Sign: A Sign erected over or on the Roof, or extending above the Roof Line, which is dependent on the Roof, 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 frame, 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 o~ advertising device, with or without a printed message, sb~dl be considered a Sign. Sign Area: The square foot area enclosed by the perimeter of the Sign structure, including borders and framing. 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 furthest point. In the case of a Monument Sign, the Sign Area is the square foot area from the ground to the maximum height, times width. Sign Height: The height of a Sign measured from the finished ground elevation m the top extremity of the Sign. If the area around the Sign is bermed, then the height of the Sign is measured using the crown elevation of the froming street. Sn~oe 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 required by law. Swinging/Hanging Sign: The term shall mean any Sign of larger than four square feet in size which swings freely, rotates or revolves from or on supports with or without guy wires. Temporary Sign: Any Sign to be displayed for a limited period as specified [,and Development Regulations CiW of Aventura, Florida Page 9-5 elsewhere in this Section~ A Temporary Sign shall be displayed only on site to which it applies. Through Store: A tenant with fi-ontages on two opposite sides but not comer locations. Time and Temperature Sign: A display containing illuminated nun~rais flashing alternately to show the time and/or temperature. Trafftc Control Sign: Any sign found in the Manual of Uniform Traffic Control Devices as may be amended from time to time. Vehicle Sign: A Sign aflSxed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and c~ 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 normalday-to-dayope~ationsofabusiness. V-Sign: A freestanding 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 counted as one Sign. Wall Sign: A Sign which is afl~xed to or painted on and flat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, ~ascia, cantilever, marquee or building. Window Sign: A Sign attached to or painted on the inside of a storefront window or door. 901.3 Prohibited Signs The following are prohibited: a) A Sign that significantly covers, interrupts 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 d) All Signs located on or over public property or right-of-way, except those installed by governmental agencies. e) Animated Signs. f) 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 haTard. i) Attention-Getting Devices. j) Balloon Signs. k) Bare Bulb Signs. 1) Billboards, other than those lawfully existing on the effective date of Ordinance No. 97-12 and protected by Sec. 479.15(2), Fla. 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. Land Development Regulations Cily of Aventura, Florida Page 9-6 o) 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 Signs (other than Reverse Channel and Wall Signs where permitted) including neon building trim, 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 rootline. x) Any Signs illuminated from outside the boundaries of the Sign unless the source of illumination is not visible fi'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. fi) 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 Cormmmlty Development Director for those situations where there is no alternative method. ~) Snipe Signs. JJ) Sw ging/mr ing 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 Siens 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. (f) Handicapped parking and handicapped access Signs: In accordance with state handicapped parking and Federal Disabilities Act access requirements. (g) Traffic Comrol Signs (h) Baby Stroller Signs: As required by the Dade County Code. Land Development Regulations City of Aventura, Florida Page 9-7 (i) Handicapped Parking Signs or other similar parking Signs. 901.5 Other Signs /No permit required The following Signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shalk unless otherwise exempted, be subject to all other regulations set forth in this Section. The foregoing exemption fi.om 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 from time to time. a) Government Instructional Signs b) Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not 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 fi.om 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. f) Nameplate Signs in non-residential districts on the rear of the building with Sign Area not in excess of three (3) square feet 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 avallab'flity 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 permitted Changeable Copy Sign. 901.6 Residential Permanent Signs The following Signs are authorized in all Residential Zoning Districts and Residential-office Zoning Districts: (a) Developmem Identification Sign: Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multlfamily dwellings are part of a larger development, there shall be only one Development Identification Sign on each public street frontage of the development. Approvals Necessary: City Manager Nttmber (maxknum): 1 Monument 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 Feature Sign Copy Area (maximum): 32 sq. It. (aggregate if2 Signs) Sign Height (mt~ximum): 8 ft. Land Development Regulations City of Aventura, Florida Page 9-8 Setback (minimona): 6 fi. from right-of-way, 15 fl. fiom side property line Illumination Externally Illuminated Signs only. Chengeable Copy Sign Schonls, religious end public institutions only may be permitted one Changeable Copy Sign in lieu of the permitted Montmaent Sign. Said Sign shall not exceed thirty-two (32) square feet in Sign Area. (b) Directional Approvals Necessary City Manager Number: To be approved as part of site plen. If not approved as part of site plan, separate permits required Sign Area (maximum): 4 sq. ft. each Sign Height (maximum): 3 ft. Other restrictions No advertising copy. Logos may cover no more than 25% of the Sign Area. 901.7 Nonresidential 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 multi-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 nonresidential districts in the City: (a) Detached, Freestanding or Monument Signs where otherwise permitted, shall not be closer than two hundred (200) feet to any other previously permitted detached, freestanding or monument Sigr~ Approvals Necessary City Manager Number (maximum); I per parcel; parcel must have fi-ontage of at least 100 feet on a public strec[ except for gasoline station parcels where a 48 square foot Sign shall be permitted notwithstanding the street frontage or distance separation of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not ontitle 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: 6 fr. From side property line: 20 ft. Illumination Externally Illuminated Signs er internally illuminated Land Development Regulations City of Aventura, Florida Page 9-9 Supplemental provisions: Option on number of Signs if 2Signs, aggregate area not to exceed 72 sq. fc parcel has 300 or more feet of Parcel Frontage and two two-way access points on different public 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 See applicable provisions contained in this Section. triangle on corner lot. 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 not exceed forty-eight (48) square feet in Sign Area. (b) Wall Sign (Permitted 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 permitted on walls that face an access drive or internal courtyard). Approvals Necessary City Manager Type Reverse or Channel Letter Sign only Number (maximum): I per gu'ound or second floor establishment which has its own frontage and entrance facing a public street. (If the Parcel Frontage requirement for a Monument Sign precludes an office building from having a Monument Sign, one building identification Wall Sign that other~vlse meet the Wall Sign standards is authorized). Corner 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. Sign Area(maximum): 1 sq. fl. for each 1 lineal lt. of Tenant Frontage for each Sign located within 300 iL of a street on which the building fronts. 1.5 sq. fi. for each I lineal It. of Tenant Frontage for each Sign located more than 300 ft. of a street on which the building fronts. Illumination: See definition of Reverse or Channel Letter Sign Supplemental provisions: Sec gas station provisions contained in this Section Land Development Regulations Cti3~ of Aventura, Florida Page 9-10 (c) Canopy Sign: Approvals Necessary City Manager Number (maximmn): 1 per establishment Sign Area (maximum): 4 sq. ii. Minimum clearance above 8 ff. ground: Must be rigidly attached Sign ~ Approvals Necessary City Manager Number (maximum): 1 per establishment LeVering l line; letiers not to exceed 9 in. in height Logo Maximum of 6 sq. (e) Directory Sign: Approvals Necessary City Manager Number (maximum): I per Multi-tenant Center, in addition to other permitted Signs Sign Area (maximum): 32 sq. ii. Complex name and/or address shall not exceed 50% of base height. Location On building wall (or freestanding within internal Illumination Externally or Internally Illuminated Signs. (f) Window Sign (permanent): Approvals Necessary City Manager Number (maxiraum): 1 per establishment Sign Area (maximum): 4 sq. fi. Illumination Prohibited (g) Directional Sign: Approvals Necassa~ City Manager Number To be approved as part of site plan; if not approved as part of site plan, p~rmit required Sign Area (maximum): 4 sq. fi. Height (maximum): 3 R. Other reslrictions No advertising copy. Logns 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 minimum Land Development Regulations Ci~ of Aventura, Florida 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. 1. Detached, Free Standing or Monument Signs may be located at each entry drive omo the Regional Mall property from any abutting public right- of-way. Approval Necessary City Manager Numbar (maximum) 1 per access drive 1 per each establishment which is located adjacent to the public fight-of-way or internal roadway Sign Area (maximum) Mall Propemy entry Signs 195 square feet maximum; the square footage 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 geometric shapes. Free Standing Establishment Sec Non-residential Sign requirements. Sign Height (maximum) Mall Property Entry 15 ft. Frec Standing Establishment Sec Non-residential Sign requirements. Setback (maximum) Mall Property Sign 6 ft. Free Standing Establishment 6 ft. Illumination External or internal illumination of letters and Iogos only 2. Wall Signs are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet that face the exterior Regional Mall property. Other tenants that provide direct pedestrian access fi.om the Mall property such as major restaurants or theaters may also have Wall Signs ~' ...... ~'~'"-- ~: ................... ' Approval Necessary City Manager Number (maximum): 1 for each exterior wall for a tenant of at least 100,000 square feet, facing the exterior Mall premises. Such Sign may only be located on the exterior wall of the specific tenant space identifie& I per tenant for other tenants that provide direct access from the Mall exterior zr fzr tz'z.~_n~ ~:.vlng 2fr:~ zzz~z Sign Area (maximum): Major tenants (minimum 500 sq. ft.; Lettering not over 12" located on a wall, I 100,000 square feet of floor area) overhang or canopy which designates specific uses of a I 100,000 sq. ft. tenant shall not constitute a Sign for I Land Development Regulations Cily of Aventura, Florida Page 9-12 purposes of this Section. Exterior Access tenants 75 sq. fl. Illumination Reverse er channel l~ers or external illumination. $. Canopy Sign: Approvals Necessary City Manager Number (maximum) 1 per establishment Sign Area (maximum) 4 sq. t~. Minimum clearance above 8 feet ground Must be rigidly attached 4. Awning Sign: Approvals Necessary City Manager Number (maximum) 1 per establishment Lettering 1 line; letters not to exceed 9 inches in ht. Logo Maximum of 6 sq. it. 5. Window Signs: Approvals Necessary City Manager Number (maximum) ! per establishment Sign Area (maximum) 4 sq. it. Illumination 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 site 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 75 sq. ft. Height 9 it. Other Restrictions Only 100,000~sq. ft. tenant identiiteation, name and/or logcs 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 permits will be required and processed in the usual fashion for any Sign installation in the Mall ama; the processing shall include usual requirements for plans showing construction, method of installation, location, size and height above the pedestrkm pathway. Interior Walk Window, Awning, Canopy Signs and interior Mall Directory Signs will be permitted and shall not be calculated as one of the Signs permitted under the Sign Land Development Regulations City of Aventura, Florida 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 conform 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 ora Regional Mall shall not be required to conform to these regulations. However, a Building Permit shall be required for installation of all such Signs. Directional Signs without advertising throughout the parking garage are exempt from 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 ff. Side Property Line 20 ft. Shall not be closer than 50' to another Detached, Monument Sign Illumination External, or internal illumination of letters and Iogea only. 2. Wall signs Approval Necessary City Manager Number (maximum) I per elevation Sign Area(maximum) 1 sq. fi. for each 1 lineal ft. of elevation frontage Illumination Reverse or channel letters or external illumination. 901.8 Teml~rary Signs The following Temporary Signs are authorized in the City: (a) Grand opening Banner: Land Development Regulations City of Aventura, Florida Page 9-14 Nonresidential District Nonresidential District Approvals Necessary City Manager City Manager Number (maximum): I per project l per establishment per calendar year in a Multi-tenant Canter Sign Area (maximum): 30 sq. ft. 30 sq. ft. Sign Height (maximum): 4 ft. 4 ft. Length of display I4 consecutive days after issuance of 14 consecutive days after issuance of initial occupational license initial occupational license Frequency 1 per year I per year Other Restrictions Sign copy shall only include "Grand Sign copy shall only include "Grand Opening" and the Name of the Opening" and the Name of the Project. Signs shall indicate Project. Signs shall indicate expiration date ~n lower fight hand expiration date an lower right hand (b) Real Estate Signs: (No permit required). Residential District Nonresidential District Number (maximum): I per lot, except corner 1 per lot lots may have 2 Sign Area (maximum): 40 sq. in. aggregate for each 4 sq. ft. aggregate Sign Height (maximum) 4 ft. 4 ft. Setback (minimum) 6 fr. 6 ft. LengthofDisplay Shall be removed within l0 days Shall be removed within l0 days after the closing, afrer the closing, or in the case of property for lease, within 5 days alter all space is leased. Other Restrictions Sign copy shall be limited to: (i) Sign copy shall be limited to: (1) situation (i.e. sale, rant, lease, zoning, situation (i.e. sale, rent, lease, zoning, size of properS); (ii) name of owner; size of property); (ii) name of owner; broker er agent; (iii) phone number; broker or agent; (iii) phone number; (iv) designs or trademarks not (iv) designs or trademarks not comprising more than 20% of Sign comprising more than 20% of Sign Area; (v) colors limited to black and Area; (v) colors limited to black and white white (c) Construction Sign: Residential District Nonresidential District Approvals Necessary City Manager City Manager Number (maximum): I per lot 1 per lot Sign Area (maximum): 32 sq. ft. 32 sq. ft. Sign Height (maximum): 4 fr. 4 ft. Setback (minimum): 6 fl. from property line, not in right- 6 ft. from property line, not in right-of- of-way or sight visibility triangle way or sight visibility triangle Length ofdisplay Permitted for a 12 month period from Permiued for a 12 month period from Land Development Regulations CiD' of Aventura, Florida Page 9-15 date of building permit issuance or date of building permit issuance or until construction completed until construction completed Other Restrictions Sign copy may include only: (i) project Sign copy may include only: (i) project name; (ii) nature of development; (iii) name; (ii) nature of development; (iii) general contractor; (iv) architect; (v) general contractor; (iv) architect; (v) lending institution; (vi) owner or lending institution; (vi) owner or agent; agent; and (vii) phone number and (vii) phone number (d) Model Sign: (No permit required). Residential District Nonresidential Distr~ct Number (maximin): 1 per model unit lot and I per office lot (Not applicable) Sign Arca (maximum): 4 sq. fi. Sign Height (maximum): 4 fl. Model arrow Signs 3 per development not to exceed 2 sq. 1~. each. Shall not be located in right-of-way or sight visibility triangle. Flags Not permitted, except as specifically allowed in this Section Time limit Until certificate of completion/oceupancy is issued for last house in development. Other Restrictions Sign copy may include only: (i) "Model"; (ii) builder; (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number (e) Window Sign, Temporary: Residential District Nonresidential District Approvals Necessary City Manager Not permitted Sign Area (maximum): 10% of window area up to a maximum of 10 sq. tL Time limit 14 days Business or use shall be limited to 5 such advertising Sign Frequency permits per calendar year (f) Garage/Estate sale Sign: Residential District Nonresidential District Approvals Necessary City Manager Not permitted Number (maximum): I per lot on site Sign Area (maximum): 6 sq. tL Height (maximum): 4 ft. Length of display Maximum of I weekend during any 6 month period Setback Not on right-of-way (g) Real Estate Open House Sign. Such Sign is located on- premises, on private property (upon permission of the private Land Development Regulations City of Aventura, Florida Page 9-16 property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential District Nonresidential District Number (maximum): I per property (2 per property when 1 per property (2 per property when more than I unit is for lease or sale un more than I unit is for lease or sale on property) property) Sign Area (maximum): 6 sq. ft. 6 sq. Sign Height (maximum): 6 ft. 6 ft. Time limit Permitted Saturdays and Sundays Permitted Saturdays and Sundays I0:00 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 determined by the City Manager. (i) School and places of worship Signs. Not in freestanding siructures In freestanding structure Approvals Necessary City Manager City Manager Number: I 1 Sign Area (maximum): 12 square feet 32 square feet Sign Height (maximum): 5 feet 6 feet 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, worship services and related functions. 901.9 Supplemental Regulations (a) Multi-tenant Center Sie~ 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.er a whtten statement of the uniform 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 Land Development Regulations Cit3: of Aventura, Florida Page 9-17 Commission, for final approval. Once the Criteria have been approved, they sbMl apply to the entire Multi-tenant Center, as well as to each ~dividual 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 to amend the Criteria fi.om the City Commission~ The Criteria for each Multi-tenant Center shall include, but not be limited 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 Multi- tenant Center shall include and comply with the Criteria established for the Multi-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 by Externally Illuminated Signs: There shall be no illumination of buildings facing residentially zoned properties. The degree of illumination of buildings by Externally Illuminated Signs, where permitted, shall not be brighter than the standard for parking lot and grounds lighting. (c) Changeable Copy Si~s: (1) Drive-through Restaurant: In addition to other permitted Signs, Drive-through restaurant establishments shall be permitted to have a Changeable Copy Sign showing menu or featured items, provided (i) it has a transparent protective locked cover; (ii) it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; (iii) 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 fi.om a right-of-way a tree shall also be required and located so as to screen the Sign fi.om the right-of-way. (2) Theaters and playhouses: May be permitted one Sign in addition to those permitted 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 permitted additional Sign Area, of 10 square feet per movie screen. SuchI Changeable Copy Sign shall contain only the title of the performance, the MPAA rating, the hours of the performance, 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 permitted on each side of a gasoline station Land Development Regulations Cji3, of Aventura, Florida Page 9-18 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 considered a new Billboard. (f) Rear of Signs. Where the rear or side of any Sign is visible fiom any street or fiom any adjoining Residential Zoning District, such side or rear shall present a completely finished appearance as determined by the City Manager. (g) Nuisance and safety. (~) Illuminatitn: No Externally or Internally Illuminated Sign shall cause unreasonably excessive glare intensity in an adjacem 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 at 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 Freestanding Signs. 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 survey submitted for approval in conjunction with a Sign Permit application. (i) Flags. The number of Flag poles which can be displayed at one time upon one site is as follows: (1) Residential - 1 pole per lot not to exceed a height of 35' (2) Nonresidential 2 poles per lot not to exceed a height of 35' (3) Flag size not to exceed 40 square feet. (4) Exceptions to the type, size of Flags or number of poles may be granted by the City Manager only when it is determined that: a) 3~he Flags have not yet been installed. b) ~Ihe Flags are not to be ut'dized as prohibited Attention Getting Devices. c) The Flags are consistent with the purposes of this Section. (5) Height of the Flagpole shall be as measured fiom the crown of the road. Installation of a Flagpole requires a building permit and shall not be located less than seven (7) feet fi.om any public right-of-way line, or less than five (5) feet fi.om any adjacent property line. (6) Flag(s) shall be no larger than as permitted herein Land Development Regulations City of Aventura, Florida Page 9-19 except on Federal, State and local governmental properties or on Federal legal holidays. 901.10 Permit Reqtfirements (a) Permit required. It shall be unlawful for any person to install relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any Sign without first having obtained a required permit from the City Manager. Said permits shall be issued only alter a determination has been made of full compliance with all conditions of this Section. No person shall install, relocate, alter or cause to be ~qtalled, 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 or cause to be constructed a Sign contrary to the regulations of this Section. (b) Permit applications. Applications for permits required by this Section shall be filed with the City Manager and shall contain the following information: (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 face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line. (§) Value of the Sign. (~5) Written permission to erect proposed Sign from owner and/or owners of property on which said Sign is to be erected. (7) Such other structural and technical information 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. If upon examination, City Manager or his/her designee determines that an application is m 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 his/her designee shall also cause a label to be issued bearing a unique identification number. Itfis 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 purposes. Absence of such a label upon any Sign constructed or installed shall be prima facie evidence Land Development Regulations City of Aventura, Florida Page 9-20 of failure to meet the requirements of this Section. (e) Permit revocation. Permits issued under this Section shall be valid for the life of the Sign approved. However, any permit may be revoked by the City Manager upon the determination that the Sign is not in full compliance with the provisions of this Section. Further, it' the Sign authorized by any permit has not been constructed within three months al:ret the date of issuance of that permit, the permit shall automatically be revoked and a new permit required. (f) Appeals of Administrative Decisions. Anyone appealing an administrative decision relating to a Sign application or the permitting 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) Criterb. 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 stab'flity 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-conforming Signs. All future changes to any Signs will require conformity to this Section~ (a) Amortization of Sign Code Non-conformities. The following Non-conforming Signs that existed at the time this Section became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations or text are made thereto and that all such Non-conforming Signs shall be completely removed fi.om 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 Monument 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 Land Development Regulations City of Aventura, Florida Page 9-21 the time this Section became effective may be continued. although it does not conform to all the provisions hereo£ provided that no structural or text alterations are made thereto and that all such Non-conforming Signs shall be completely removed fi.om the promises or made to conform by June 3, 2002. 2) Non-conforming 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-conforming Signs that existed at the time this Section became effective may be continued, although it does not conform 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 Section. 7) Non-conforming Portable Signs, Banners, Flags, traffic hazard Signs, all paper window display Signs, and service station pump 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 termination of Non-conforming Signs. 1) By abandonment - Abandonment of a Non-conforming Sign shall terminate its Non-conforming status. 2) By damage or poor condition - The Non-conforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent as determined by the City Manager from any cause whatever, or to the extent the Sign becomes a hazard or danger. 3) Abandoned and damaged Signs, as described in this Section, shall be removed by owners in accordance with the requkements of this Section. (d) Maintenance of Non-conforming Signs. Non-conforming 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 termination of Non-conforming (e) Non-conformities created by amendments to this Sign Section. Any Sign which becomes Non-conforming as a result of any subsequent amendments to this Section shall be completely removed Land Development Regulations City. of Aventura, Florida Page 9-22 from the premises, or altered to conform, not later than three years from 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 be/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 lawfi~l non-conforming Signs. 901.12 Sign Maintenance (a) Maintenance. 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 flee of weeds and debris. If a Sign does not comply with the above standards, the City Mamger may require its removal in accordance with this Section. (b) Dangerous or defective Signs. No person shall permit to be maintained on any premises owned or controlled by him/her, any Sign that is in a dangerous or defective condition. Such Sign shall be removed or repaired by tbe owner of the Sign or the owner of the premises. 901.13 Removal of Improper 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 that poses an immediate danger to the health, safety or welfare 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 to, 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 County'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 for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property Land Development Regulations City of Aventura, Florida Page 9-23 Section 902. Temporary Political Signs Regulations regarding temporary political signs are outlined in Section 34-61 of the City of Aventura Code. Land Development Regulations City of Aventura, Florida Page 9-24 Chapter 10: LANDSCAPING REQUIREMENTS Section 1001. Landscaping Requiremnets 1 O01.1 Intent and Purpose. The purpose and intent of this article is to provide regulation 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 welfare of its citizenry. In addition, it is the policy of the City Commission that every effort shah he made to preserve and maintain viable vegetation within the City of Aventuro~ 1001.2 Applicability. The provisions contained herein shall he 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 filly (50) per cern of total site landscaping requires replacement, the entire property shall be brought up to current landscape standards and requirements. This provision regarding existing development shall be applicable to the greatest extent reasonably possible as determined by the City Manager or designee. This chapter establishes minimum standards and shall apply to all public and private development when a building permit is required. 1001.3 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 any ccr~,mLn requirements are considered by the Connnunity Development Director to be either impossible or impractical to comply with unless portions of existing stmctures are removed or by substantially reducing the number of required parking spaces, the administrative relief from such requirement may be granted by the Corranunity Development Director, provided that the intent and purpose of this chapter is not compromised. 1001.4 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Automatic Irrigation System: An irrigation system with a programmable controller including a rain sensor. Buffer/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 Development Regulations City of Aventura, Florida Page 10-1 area and to eliminate or reduce the adverse environmental impact, or mad incompatible land use impact. Caliper: For trees under four (4) inches in diameter, the tnmk 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 p. atuml grade. City: City of Aventura, Florida. Director: The Director of Conanunity Development of Aventura, Florida, or designee. Dr~ Line: An ~ vertical line emending from the outermost horizontal circumference of a tree's branches to the ground. Dumpster: A refuse container of one (1) cubic yard or larger. Grey }Vood: The area of mink on a palm from ground level to the palm fi:ond sheath except where removal of branches is necessary to protect property and public safety. The following trees are exempt fi~m this section: Scbinns terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia audculiformis, Bischofla javanica, Araucaria hetemphylla (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. Hatracking: 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 riving canopy by more than one-third except where removal of branches is necessary to protect property and public safety. The following trees are exempt from this section: Schinus terebinthifolius (Brazilian Pepper), Metopium toxifemm (Poison Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia Audculiformis, Biscbofia Javanica, Amucaria heterophylla (Norfolk Island Pine), or Thespesia Populnea (Seaside Mahoe). Hazard Pruning : The removal of dead, dying, diseased, weak or objeetionablebranches in a manner consistent with the National Arborist Association standards as incorporated herein. Hedge: A landscape battier consisting of a continuos, dense planting of shrubs or trees or any combination thereofi Landscaping mater/M: Any of the following or combination thereof such as, but not limited to: Grass, ground cover, shrubs, vines, hedges, and trees or pa s. 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 rainfall or moisture content in the soil. Malch: Non-living organic materials customarily used in landscape design to retard weed infestation, erosion, and retain moisture and for use in planting Nat~plant species: Plant species with a geographic distribution indigenous Land Development Regulations City of Aventura, Florida Page 10-2 to all or part of Dade County. Plains which are deseribed 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 in~'oduced into Dade County by man are not native plant species. Natural or conservation area: An area, as identified in the cites comprehensive plan, designated on the site plan comaining natural vegetation, which will remain undisturbed when property is fully developed. Palms: Members of the Palmae family which are monocots characterized by palmae or pinnate fronds attached to a mink with a single growing point on each trunk. Palms may be single or multiple tmnk. Prohibited 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 welfare, except as specifically allowed as hedge material only and upon approval of the Director. Protective Barrier: 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, tnmk or branches of the tree or trees. Retention area: An area designed and used for the temporary or permanent storage of storm water mnofl~ 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 nmoffand which is one ( 1 ) foot above the ground water level as established by the Water Control District and has a maximum slope of 4:l. (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 front, side and rear arms 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, nonmlly growing to a height of thirty six (36) inches or greater, characterized by multiple sterns and branches continuous fi.om the base. Tree: Any self-supporting woody perennial plant which, at maturity, attains a trunk diameter ofat least four (4) inches when measured at a point four and one-half (4-1/2) feet above ground level and which notnmlly attains an overall height of at least twenty-five (25) feet, usually with one main stem or trunk and many branches. Tree abase: 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 Regulations City of Aventura, Florida Page 10-3 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 splitting oflimb ends or peeling and striping of bark resulting bom 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 surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage tracks, or display of motor vehicles. V'mes: Plants with flexible stems which normally require support to reach mature form. Visuulscreen: 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 material, of natural or manmade construction material or any combination thereof. Xeriscape: A type of landscaping utilizing Dative plants and grotmd cover that needs reduced water and little mainte~-ance, which is detailed in the South Florida Water Management District publication, Xeriseape, Plant Guide II as amended, incorporated herein by reference. 1001.5 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 Community Development Department. The landscape plan shall be drawn to a scale not less th_an 1" -- 20'- 0". All landscape plans must be signed and scaled by a State of Florida Regist d Landscape Ar hitect '~'~:~ 5y '~ r~:~ .... ~This plan shall clearly delineate existing and proposed buildings, parking, driveways, or other vehicular use areas. The plan shall also desigv_ate the name (botanical and common), size (height and spread), quantity, quality and location of the plant material to be installed, 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 hereh~ 1001.6 Minimum Landscape Requirements for All Zoning Districts (1) Tree Specifications (a) Required trees shall be of a species which normally grow to a minimum 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. Land Development Regulations City of Aventura, Florida Page 10-4 (b) All required trees shall have a minimum caliper or diameter at breast height (D.B.H) of three (3) inches and be a minimum of twelve (12) feet in height at time of planting. A list of approved required trees is available fi:om the Director of the Conanunity Development Department. (c) Required palms shall be a minimum of fourteen (14) feet in height and six (6) feet of gray wood. (d) 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. (e) Three (3) palm trees shall be clustered to equal one (1) required tree: the three palm trees in the cluster shall be of differing heights, with a minimum three (3) foot stagger between adjacent palms, but, in no case smaller than fourteen (14)feet in height. Roystonca sp.(Royal Palm) and Phoenix sp.(Date Palm) may have matching heights. Such clustering shall be determined by Director or Designee (f) It is prohibited to paint the trunks of trees or palms. (2) 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 form 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 center. Double staggered rows may be required in some areas as determined by Director on Designee. (b) Ground covers: May be used in lieu of grass. Ground covers shall present a finished appearance and reasonably complete coverage at time of planting. (c) Lawn Grass: Shall be St. Augustine ~lomtam' solid sod, or other lawn type, as approved by the Director, reasonably flee of insects and noxious weeds. (d) Quality: Plato 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 1/for Palms and Trees", or with superseding standards called for in these specifications. Plants shall conform to Florida No. 1 or better regarding: 1. Shape and form, 2. Health and vitality. 3. Condition of foliage. 4. Root system. 5. Free fi:om pest and mechanical damaged. Land Development Regulations City of Aventura, Florida Page 10-5 6. Heavily branched and with dense foliage. (e) Mulch: All exposed soil areas in planting beds, including hedge rows, shall be kept weed free, 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 (I) Vines: Shall be not less than twenty-four (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 of the fences or walls. (3) 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. (b) Curbing: Landscaped areas, walls, structures, and walks shall require protection fi:om the encmachmem or overhang of vehicles. A continuous concrete curbing not less th_an 6" in height, as approved by the Director or Designee, shall be installed to prevent such encroachment. (c) 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 ~ in his opinion, such an adjustment is in keeping with and will preserve the intent of this article. (d) Permit requirements: A landscape permit will be required prior to installation. (4) 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 subsurface irrigation system that requires low water volume and pressure is encouraged when adjacent to vehicular roadway ureas. (a) The operation of an irrigation system during periods of heavy rainfall is prohibited and shall conform to standards and regulations as established by the South Florida Water Management District. Irrigation controllers shall be switched Land Development Regulations City of Aventura, Florida Page 10-6 to manual operation during periods of increased rainfall. Use of rain gauge sensors is required. (b) For purposes of water conservation and good horticultural practice, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a separate zone and schedules l~om those irrigating trees, shrubbery or other reduced water requirement areas. (c) Landscape irrigation systems shall be designed so that, to the greatest extent practical, water being applied to non-pervious areas is eliminated. (d) Use of non-potable water for use in the irrigation of lawn and plant material is required when determined to be available. (e) Existing developed properties which receive three or more code violations in a twelve (12) month period for landscaping whieh in the opinion of the city are attributable, wholly or partially, to lack of proper watering shall be required to install an irrigation system. 1001.7 Maintenance ( l ) General. In all districts, the owner, or his agent, sb~ll he responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, neat, and orderly appearance and clear of weeds, refuse and debris. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements. (2) 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-conformance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall 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 shall be considered a violation of this ordinance and shall subject the property owner to fines as detenmined appropriate, by the Special Master of the City of Aventura~ (3) Tree Hatracking. It shall be unlawful for any person, firm or city department to hatrack any tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Community Development Director. (4) Edging. Edging shall be accomplished in such a manner so as not to Land Development Regulations City of Aventura, Florida Page 10-7 destroy landscaping material. (5) 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 manufacturers specifications. 1001.8 Tree Reinoval Permit. No existing tree ~ having a trunk diameter of three (3) inches or greater, except for Schinus terebinthifolius (Brazilian Petter), Metopium toxifemm (Poison Wood), Albizla Lebbeck (Woman's Tongue), Dalbergia Sisoo (Indian Rosewood), Thespesia Populnea (Seaside Mahoe), Hibiscus Tilllaceus (Mahoe), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Ficus Benjamina (Weeping Fig), Ficus Nitida (Laurel Fig) species, Acacia Auriculiformis (Earleaf Acacia), Bishoffia Javanica or Amucaria heterophylla (Norfolk Island Pine) shall v~t be removed or relocated without a permit from 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 determined 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) from the trunk whichever is greater, 5c, m t.~lc ~'~& of any protected tree. In addition, no excess soil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers. 1001.8.2 Relocation Standards. Trees that are to be relocated shall be consistent with the following minimum standards: (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) Atter 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 Development Regulations Cit~ of Aventura, Florida Page 10-8 of relocation shall be replaced with a comparable species and size, as determined by the Director or Designee. 1001.8.3 Tree Removal Authorization. A tree removal may be authorized when one of the following conditions exist: (a) It is determined by the Director or Designee, that tree relocation is not feas~le. (b) 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. (c) The tree to be removed is examined by the Director or Designee, and is determined to be dead, severely damaged, or a safety hazard. All tree removal requires a tree permit application. 1001.9 Minimum Design Standards. The following shall apply to all developments requiring site plan or permit 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 Stale 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 Perimeter Landscape Requirements. Adjacent to any street right-of- way, plus along the perimeter of all vehicular 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 vehicular use area, there shall be installed a hedge, ben'n, or other durable landscaped visual barrier, of not less than three (3) feet in height and solid within one (1) year of planting. Where the vehicular use area is highly visible firom 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) Uv2egg ,~thep~ :,Sro ~cc~ed elsewhere ~ the reg',:!atSm:g (a) Access drives: Necessary accessways shall be permitted to traverse required perimeter buffer strips. Land Development Regulations City of Aventura, Florida Page 10-9 (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 (1) tree for every twenty-five (25) feet. (c) Abutting another vehicular use area: Aeeessways may traverse required buffer strips along conanon interior lot lines when said aeeessways 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. 1001.9.3 Interior Landscape Requirements. W'ahin 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 he provided: (1) 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 (1) 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 al least one (1) 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 he placed within individual rows of contiguous parking spaces so that there is not less than one (1) island for every nine (9) parking spaces, or portion thereof and shall continue the full length of the contiguous parking space. At least one (1) tree shall he planted in eve~ interior island and the remainder of the island shall be landscaped with grass or ground cover. Interior islands should not be placed directly opposite each other Land Development Regulations City of Aventura, Florida Page 10-10 when in abutting parking rows. Any arrangement which creates a nonregimented 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 coatiguous 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 cont'lguous parking spaces, a landscaped divider med'm of not less than seven (7) feet (excluding curbing) in width shall be required between said mw and the abutting driveway. At least one (1) 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 from 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 lawn 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 determined by the Director or Designee. 1001.9.4 Landscape Requirements for Non-vehicular Use Areas. Develop a landscape plan thai beautifies, provides shade, and complements the architecture of the adjacent building, subject to the approval of the Director or Designee. 1001.9.5 Clear Sight Triangles Vi$ie, n C~z~nzc. (a) When an accessway intersects a public street or alley right-of-way, or another aceessway, 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 & Trampormtion Officials Land Development Regulations City of Aventura, Florida Page 10-11 ( XSHTO). (b) Trees b~ving over six (6) feet of clear mink 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 formed by the intersection of the two (2) streets beginning at the point where property lines meet at the comer, or in the case of ronnded property comem, 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) furthermost points are connected by a diagonal line. (d) Imersection 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 triangular 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 related to highway safety for all landscaping material. 1001.9.6 Required [andscape or Pervious Areas. Not more than sixty (60) percent of such areas shall be grass. The balance shall be ground cover, shrubs, or other suitable landscape material. 1001.9.7 Dumpsters. All dumpsters shall be completely screened fi'om view fi.om 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. 1001.9.8 Retention Areas. Retention areas shall be landscaped with suitable planting material so as to create an aesthetically pleasing appearance, subject to the approval of the Director or Designee. 1001.9.9 Drive-Thru. Drive-thru or loading areas shall be screened fi.om view fi.om the adjacent properties and the public right-of-way by the use of Land Development Regulations Cit~ of Aventura, Florida Page 10-12 landscaping material, subject to the approval and standards as established by the Director or Designee. Land Development Regulations City of Aventura, Florida Page 10-13 Chapter 11: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY Section 1101. Development Standards All development shall conform to the specific requirements of the appropriate zoning districts and shall comply with the standards contained in this Chapter and other regulations outlined in the LDR. These standards shall be considered to be minimum requirements and may be exceeded by the property owner. In considering development plans, the Conm~unity Development Department, and City Commission shall be guided by the standards set forth hereinafter. Land Development Regulations City of Aventura, Florida Page I [-I Section 1102. Subdivision Design Standards In considering plans for the subdivision of land, the appropriate review bodies shall be guided by the 1102.1 General 1102.1.1 Character of Land. Land to be subdivided shall be of such character after developmem that it can be used safely for the intended purposes. 1102.1.2 Conformit~ to the Trafficwavs Plan, and the Comprehensive Plan. Subdivisions shall conform to the Trafficways Plans and shall be in h~'xnzny consistent with the City's Comprehensive Plan. Trafficways shall conform 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 conform to the City specifications. 1102.1.4 Street Capacities. Street capacities shall be determined by the standards established in 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 pro,idea L.O.S. adopted by the Comprehensive Plan. 1102.1.5 Sidewalks. Sidewalks sb~ll 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 1 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 Layout 1102.2.1 Width, Location and Construction. Streets shall be of sufficient width, suitably located, and adequately constructed to acconanodate 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 arrangement of streets shall be such so as to Land Development Regulations City of Aventura, Florida Page compose a functional system which provides safe and adequate and fr pfivat p perry n~ ..~.:~ ............ ~,,~ access to om e ro . ,~ .................... ~,~,,4o~,:_ ,A n,~:^:~: ....... ..~, q2ae 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 accountv~,--~-~:~'~ necessary fire protection, movement of traffic and the construction or extension of needed utilities and public services. 1102.2.3 Access to Streets. Development pmjeets shall be designed to maintain a hierarchy of street access so that the interior of development parcels are served by local streets or parking 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. 1102.2.4 Driveway Access. Residential lot driveways shall only access local streets. Residential parking lots may access local, collector or arterial streets provided adequate mm lanes and vehicle storage areas are provided and the street being accessed has sufficient capacity to acconm~odate 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 discouraged. 1102.2.6 Street Connections. Non-residemial 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 oecupancy. In lieu of the two (2) required connections, one (1) connection may be permitted if adequate provision for emergency and service vehicles is provided. l 102.3 Minimum Intersection Spacing 1102.3.1 Local Street Intersections with Collector and Arterial Streets. Local street or cul-de-sac openings into collector streets shall he a minimum distance of 660 feet fi.om another intersection, or in the case of a T- type intersection, a minimum distance of 330 feet t?om 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 emending an existing Land Development Regulations City of Aventura, Florida Page 11-3 local street which intersects the arterial or is a minimum of 660 feet from another minor or collector strec~ intersection with the arterial and is a minimum of 760 feet from the intersection of two arterial streets. 1102.3.2 Collector Street Intersections with Arterial Streals. 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 from the intersection of an existing collector and the arterial, and is a minimum distance of 1420 feet from the intersection of two (2) arterial trafficways. 1102.3.3 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 from any other intersection of the collector. 1102.4 Street Design 1102.4. l Geometric Design of Street. The geometric design of streets shall conform to the minimum standards established by the Manual o_f Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the Florida Department of Transportation and A Policy on Design of Urban Highways and Arterial Streets prepared by the American Association o f Street Highway and Transportation Officials (AASHTO). 1102.4.2 Street Jogs at Intersections. Street jogs with center line offsets of less than 125 feet shall not be permitted. 1102.4.3 _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 al right angles to the street it joins. ~ 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. 1102.4.4 Widths of Rights-of-Way. The paved portion of the right-of-way St'cc, ts shall have the minimum widths as specified in Table 1102-1. When not indieated functionally classified by the FDOT , the classification of streets shall he determined by the Community Development Director. The actual width of a right-of-way shall he determined based on the ultimate cross section design needed to acconnnodate the projected level of traffic al the adopted level of service. Additional right-of-way may he required for a bicycle lane, in compliance with a City or County bicycle circulation plan~ Land Development Regulations City of Aventura, Florida Page 11-4 TABLE 1102-1 Widths of Public and Private Rights-of-Way Street Type Minimum Ultimate Sidewalk Rights-of-Way Traffic Lanes Width~ Arterial Street 106 fi. 6 6 feet 4 Lane Collector 870 fi. 4 5 feet 2 Lane Collector 60 fi. 2 5 feet Local Street 50 fl. 2 4 feet t A pedestrian/bicycle path which is a minimum of six (6) feet wide and constructed within an easement adjacem 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 Public Utility Easements. Where conditions arc ~',:ch a~ t,~ make impractical fo~ the inclusion of utilities within the street right-of-way, perpetual easemems with satisfactory width and access, as determined by the City, shall be required. Wherever possible, easements shall be continuous fi'om block to block and shall present as few irregularities as possible. Side yard easements containing underground pipes are discouraged. However, in such cases when necessary said easements shall be determined by the Community Development Director. Such easemems shall be cleared, demucked, and graded where required. 1102.4.6 Underground Utilities. All facilities for the dism'bution of electricity, telephone, and cable television shall be installed underground in new subdivisions. Appurtenances such as transformer 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 of 7,000 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 requiremem if an undue hardship would Land Development Regulations Cily of Aventura, Florida Page I I-5 result from 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 Cotranunity Development Director. 1102.4.8 Curve Radii at Local Street Intersections. All local street fight-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 Connnunity Development Director. Dead-end streets exceeding 300 feet shall terminate in a circular mm-around having a minimum right-of-way radius of 50 feet and pavemem radius of 40 feet. At the end of temporary dead-end streets a temporary mm-around with a pavement radius of 38 feet shall be provided, unless the Community 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 of right-of-way and the edge of water. The distance from the outside edge of the ultimate right-of- wayto the edge ofwater 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 lakes and canals where it is not possible to maintain these required minimum distances. 1102.4.11 Curve Radii. In general, street lines within a block, detlecting fi:om each other at any one 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 referred 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 penmnent access easement for service and emergency vehicles, maintenance and repair of public and semi-public utilities and conanon area improvements. Sidewalks Land Development Regulations City of Aventura, Florida Page i 1-6 and setbacks along private streets shall be from the theoretical right - of- way line. Notwithsmd~ anything to the contrary in this Code no private streets shall be permitted 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. 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. n_~ ~,.~, ~ ........ ,~ ~... +~.~ r~:~.~,^~ of 1102.4.14 Inverted Crowns. Inverted crown roadways shall not be permitted on public or private streets. This limitation shall not apply to private parking lots or private driveways within multithmily development. 1102.5 Addresses. 1102.5.1 TypeofName. All strects 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 thc street nmber or name. Street signs shall have reflective type lettering meeting Miami-Dade County standards. 1102.6 Lots. 1102.6.1 Lots in Conformance with Zoning District. Lots shall be subdivided in conformance with the applicable zoning district's development 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 ora cul-de-sac shall be twenty-five (25) feet for residential uses and sixty (60) feet for non-residential uses. 1102.7 Storm Drainage and Water Management 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 Connnunity Services Director. Land Development Regulations City of Aventura, Florida Page I 1-7 (1) The ~;-: ..... ~..~,;~ .~f ,u~ ~ ...... u~;,~k,~ o~. 1102.7.2 S~cffic St~ For Flood ~d R~u~om in ~ ~ ~ ~;~ a~ ~ .... a where ~ flood elevation ~ ~ ~n ~ohde& ~e foflo~g pro.iota ~e ~: (a) Resid~t~ Com~ctbm New co~ctbn or su~t~ ~rove~t of ~y resident~ ~c~e s~ ~ve the bwea floor, ~clud~g ~nt, eleva~ no bw~ t~ one (1) foot a~ve ~e ~ flood e~vatbn or 18 ~ches a~ve ~e ~ea ~t of the ~jmt ro~ crom I vati ~ ~chev~ ~ ~ ~a~ ~., ~a:~: Shoed m~d fox,ion ~ter w~ ~ ~ to elevae a amc~, o~s ~cimt to ~te the ~ ~vements of flood wat~ s~ ~ prohded h accor~ ~ ~e ~ds of suction (c) ~low. (b) Non-Resident~ Co~mctiom New co~mction or su~t~ ~rov~m of ~y com~ hdm~ or non-resident~ amc~ s~ ~ve the lowea floor ~lu~g ~nt, elevat~ no bw~ ~ one (1) foot a~ve the level of ~e ~ flood elevation or 1~ 6 hches a~ve ~e h~ea ~ht of ~e Mja~nt rom aom elemtiom w~chev~ ~ h~. S~ct~s hinted h ~ A- roms ~y ~ flood-proof~ h fieu of ~ elevated pro~d~ ~t ~ ~ of ~e mc~ ~low the r~uk~ elevation ~ water-t~t ~ w~ su~y ~mble to ~e p~e of wat~, ~d ~ amct~ ~ts ~ the c~ of res~bg hy~tic ~d hy&odmc hms ~d the effect of buoy~. A Land Development Regulations City of Aventura, Florida Page 11-8 registered professional engineer or architect 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. (c) 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 finished living space and designed to allow for the entry and exit of floodwaters to autonmtically eqnali?e hydrostatic flood forces on exterior walls. (d) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum 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 (1) 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. (e) Electrical, plumbing, and other utifity connections are prohibited below the base flood elevation; (f) 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 (g) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (h) 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 has erosion potential, the following provisions shall apply: Land Development Regulations City of Aventura, Florida Page ! 1-9 (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 oceurmnce of the base flood discharge. 1102.7.3 Storm Water Management. All stormwater drainage systems shall be designed in accordance with the requirements of the Mlami-Dade County Environmental Resources lVlanagement, the South Florida Water Management District's permit manual "Managemem and Storage of Surface Waters", latest edition and the City's Floodplain Management criteria Land Development Regulations City of Aventura, Florida P~lge I 1-10 Section 1103. Architectural Design Standards. 1103.1 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 Aventur~ All development shall be designed in accordance with the fundamental concepts descnl0ed 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 (coumyards, 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 arid size of windows; (e) The identification of individual subdivisions by utilizing signage; (f) The use of private conanon open space as a community design feature; and (g) Preservation of view corridors and pedestrian access to waterfront 1103.2 Pedestrian Orientation. All non-residential and multifamily development shall contribute to the creation of a pedestrian oriented community by providing the following: (a) En-q~hasis on the buildings' street facades 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. 1103.3 Minimum Design Standards. Land Development Regulations City of Aventura, Florida Page 11-11 1103.3.1 Non-Residential Development. All non-residential development shall be consistent with the traditional architecture and design themes of South Florida including the following: (a) New buildings shall be designed in a manner that is compatible with the adjacent building form kvheight and scale. (b) Recognition of the scale and character of adjacent structures or developments, including continuation of existing facade treatment or expression lines, and the use of similar finish materials. (c) Roof materials shall consist of metal (flat or standing seam); flat tile; barrel tile or masonry materials. This requirement shall not apply to flat roofs with a parapet wall. (d) All mechanical equipment (including roof-mounted equipmem) shall be screened with materials consistent with those used in the construction of the building. The screening material and structure shall be architecturally compatible with the building. The screening shall be high enough so that the equipment is not visible from any adjacent public right-of-way and designed so that the equipment is well concealed from adjacent properties. (e) Pedestrian circulation systems shall be barrier-free and provide alternative ramps in addition to steps consistent with American Disabilities Act (ADA) requirements. (f) All sides of any non-residential structure shall have compatible facade and roof treatments. (g) All dumpsters and trash handling areas shall have a concrete slab, and finished concrete block or masonry wall, as provided for Jn these regulations, and be landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize tmck maneuvers. Enclosures shall be finished with similar materials 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 Land Development Regulations City of Aventura, Florida Page 11 - ! 2 minimum pitch of 4:12. Deviation from the minimum may he approved for gambrel and similar type roofs. Pitched roofs shall he constructed of flat, or barrel cement or clay tile, split cedar shakes or slate, all as defined by common usage in Miami-Dade County, Florida. Cedar shingle and asphalt shingle roofs are not permitted on any principal residential structure permitted after the effective date of this code. Flat roofs may be permitted if the flat roof area does not comprise over twenty - five (25) percent of the total mofarea~ Such flat roofs are only may4~ pennitted over porches, Florida rooms, and utility rooms located to the rear of the dwelling unit. (b) Driveways within all RS Zoning Districts shall he constructed of portland concrete at a minimum. Asphalt is not permitted. (c) Architecture and site development should inc¢~zmte considemtS,~n of-the subtropical characteristics of the area. The provision of sun-control devices, shaded areas, vegetation, roof terraces, and similar features characteristic of subtropical design is encouraged. (d) Open space for multi-family dwelling units should be located and designed to maximize its ut'dity to the dwelling units. (e) All dumpsters and trash handling areas in development within RMF Zoning Districts shall have a concrete slab, he 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 landscaped in accordance with these regulations. Dumpsters shall be oriented in a logical fashion so as to minimize track maneuvers. 1103.3.3 Pedestrian/Bicycle Paths Pedestrian/bicycle paths incorporated into a plan shall have 6 feet of pavement width or as approved by the Community Services Director. The path shall he a minimum of ten (10) feet from a right-of-way, except where it transitions and crosses an intersecting street. The path shall not he incorporated into a residential lot. 1103.3.4 View Corridors All developments in the RMF3, RMF4, and all non- residential developments, on waterfront sites shall preserve a visual corridor to the water unencumbered with any structure, roadway or off street parking. The view corridor shall extend the full length of Land Development Regulations City of Aventura, Florida Page I 1~13 the site firom the waterfi:ont to the public right-of-way most nearly opposite the waterfi:ont. The width of the corridor shall be no less than 10 percent of the waterfront frontage, not to exceed but a w~z: ....... 1 O0 feet. Land Development Regulations City of Aventura, Florida Page I 1-14 Section 1104. Outdoor Lighting Standards 1104.1 General. No structure or land shall be developed, used or occupied unless all outdoor lighting conforms to the requirements of this Section. The terms used in this 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 sigr~ 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 determined by the Community Development Director, shall be prohibited. 1104.2 Preparation of Site Lighting Plan. A plan which shows the photometrics 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 shall incorporate all existing and proposed sources of artificial light used on the site, including adjoining outparcels, for non ~;~*;~ ~"~ ..... ' The lighting plan shall be submitted with the fin~al building plans, prepared at the same scale. The plan must indicate and he certified for compliance with the standards of this Section. 1104.3 Minimum Illumination. All multi-family, shopping cemers 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 1, with no area below the illumination of 0.5 footcandle. 1104.4 Maximum Illumination. All lighting for parking areas, buildings and signs shall be located, screened, or shielded so that adjacent property, structures, and fights- 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 shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the property. 1104.5 Lightin~ Height Standards. All private outdoor lighting shall he designed, located and mounted at heights no greater than: (a) Twelve (12) feet above grade for non-cut-offtype luminaries, and (b) Thirty (30) feet above grade for cut-offtype luminaries. 1104.6 Exceptions. Public facilities including but not limited to parks; lighted recreation and athletic areas, courts and fields; and water and wastewater treatment facilities sb~ll be exempted firom these standards. 1104.7 Street Lighting. A street lighting system shall be provided in all land development projects with public or private streets. All street lighting shall be installed according to standards established by the City or County. Land Development Regulations City of Aventura, Florida Page 11=15 Section 1105. Wetlands Preservation Standards 1105.1 Conformance with Applicable Regulations Prior to the development of land including land clearing and excavation operations, having potential wetlands gz~ 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 mitigation of wetlands on the property as part of any City issued development order. Land Development Regulations City of Aventura, Florida Page 11-16 Section 1106. Coastal Tidal Water Standards 1106. l Conformance with Applicable Regulations. Prior to the development of land or the issuance of any development permit for construction immediate _ly adjacent to oara~e~abo'~ any tidal waters, the property owner or their representative shall be required to obtain approval firom Miami-Dade County Environmental Resources Mav~ag~nt. Land Development Regulations City of Aventura, Florida Page 11-17 Section 1107. Surface Water Management Standards. 1107.1 Conformance with Applicable Laws. All structures or land shall be develope& 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) ~.n-,~ ~'~ ....- .... ~ T ...... fF!c?~. (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 Development Regulations City of Aventura, Florida Page 11-}8- Section 1108. Accessory Uses and Standards. 1108.1 General. No accessory uses shall be permitted 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 permitted 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 permanent structures shall be permitted in ut'flity easements without the prior written approval of the appropriate utilities, and the concurrence of the City. 1108.2 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 Awnings - An awning may be located at any window provided it is architeetumlly 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 ora 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. 1108.3 Carports. Carports shall comply with the structural setbacks of the zoning district in which they are proposed to be located. _The use of polyvinyl chloride (PVC) pipe is expressly proh'bited. Any carport lawfully established prior to the adoption of this Code which does not comply with the structural setbacks of the zoning district may mm~ain as a nonconforming use subject to the provisions of the nonconforming Cbapter of this Code. 1108.4 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 fi.om yard area, or within utility, drainage or access easements. (b) The structure must be set back at least six feet fi.om the side and rear lot lines. (c) Domestic pet shelters and pens shall be maintained in a clean and neat manner flee of offensive odors. Land Development Regulations City of Aventura, Florida Page 11-19 1108.5 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 Fences on Residential Lots. Fences on a residential lot shall be limited to six (6) feet in height. Barbed wire and other similar material shall not be permitted on a fence or wall within a residential district. Fences and walls shall be limited to four (4) feet in height within a required front 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. 1108.5.3 Residemial Parcel Perimeter and Entry Walls. Uniform 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 buffetyard. Typical elevations, materials and the location of the wall shall be shown on a final site plan. Barbed wire and other similar material shall not be permitted. Walls shall be designed to discourage Graflfittk 1108.5.4 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 permitted within a required front 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 shall be shown on a final site pla~ 1108.5.5 Fences within E~ts. A Fences, walls and landscaping shall not be permitted within a utility easement prior to the issuance of a permit. 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 fi~anchise shall not be responsible for damage to a fence, wall or landscaping within an easement. 1108.5.6 Chainlink Fences Prohibited. Chainlink fences shall be prohibited in all districts except as a temporary enclosure or fencing for golf courses and tennis courts. Land Development Regulations City of Aventura, Florida Page 11-20 1108.5.7 Maintenance. A Fence or wall shall be finished and m~aintained good condition and appearance. The finished side of all stockade fences shall face outward to the abutting property or fight - of- way. 1108.6 Gazebos. Gazebos shall be permitted in all residential districts, subject to the following: (a) No gazebos shall be permitted within the required fi;om yard area, or within utility, drainage or access easements; (b) Gazebos must be set hack at least six feet fi.om the side and rear lot lines; (c) No gazebo shall have aB_ w~,axLm~m area (footprint) larger than 100 square feet per 5,000 square feet of lot area; and (d) No gazebo shall have a height larger than 35 feet. 1108.7 Play Equipment. Play equipmem shall be permitted in any residential district, subject to the following: (a) No permanently installed play equipment, except basketball hoops, shall be permitted within the fi;ont sethack, 10 feet of a right-of-way, or within utility, drainage or access easemems; (b) No play equipmem shall use street right-of-way as part of the playing (c) Permanently installed play equipment shall be of a common playground type designed for children; and (d) Basketball hoops and hackboards in fi.out yard areas shall be permitted on the fi.ont of the btfilding or on a pole in the driveway only. Basketball poles sb~xll be located no closer then ten (10) feet to any property line. 1108.8 Screen Enclosures. Screen enclosures shall be permitted in all residential zoning districts, subject to the following: (a) No screen enclosure shall be permitted in the required front yard or within utility, drainage or access easements; (b) No screen enclosure may be converted to an enclosed structure unless the converted structure would comply with all standards of the applicable zoning district; Land Development Regulations City of Aventura, Florida Page I 1-21 (c) Screen enclosures with a screen roof shall meet the following setback requirements: (1) The side yard or sidestreet setback shall be the same as the structural setback requirement of the zoning district; and (2) The rear yard setback shall be a minimum six (6) feet fi:om the rear lot line; and (d) Screen enclosures with a solid roof shall meet the following setback requirements: (1) The side yard or sidestreet setback shall be the same as the structural setback requirement of the zoning district; and (2) The rear yard setback shall be fifteen (15) feet orthe 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) No swimming pools or spas shall be permitted within the required fi.om yard area, or within utility, drainage or access easements. Swimming pools shall be required to have a safety barrier. (b) Above-ground pools and spas which exee~t forty-eight (48) inches in height must meet all structural setback req~ts. (c) The following setback requirements shall apply to swimming pools (1) The side yard or sidestreet setbacks to the water's edge shall be two (2) feet plus the required sideyard or sidestreet structure setback. (2) The rear yard setback shall be seven (7) feet fi.om the water's edge to rear lot line. (3) The setback ~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 poSsl'bly result in a weakening of or damage to the l building foundation. In no event shall said pool or spa be closer than eighteen (18) inches to any wall or any enclosure. Land Development Regulations City of Aventura, Florida Page 11-22 (d) Any pool for a non-residential developmem 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 has 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 around the swimming pool or around the premises on which the swimming pool is erected. In either evem, it shall enclose the area emirely, prohibiting unrestrained admittance to the enclosed area. Gates sla~ll be of the spring lock type, so that they shall automatically return to ~ :~n 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 conm~enced, permits shall be secured for all swimming pools and for the safety barriers. Plans sb~all contain all details necessary to show compliance with the terms and conditions of these regulations. No swimming pool permit shall be issued unless simultaneously 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 Lq *&e 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 bomiers - It sb~tll be within the discretion of the building inspector to refuse approval of any barrier which, in his opinion, does not meet 5-~-v:~sh the safety requireinents of this regulation, i.e., that it is high enough and so constructed, to keep the children of pre-school age from 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 Development Regulations City of Aventura, Florida Page 11-2.3 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 respons~flity of the owner and/or occupant of the premises containing a swimming pool to keep such pool from becoming a health hazard to the community by ~cc,~&'~g,.~ ~---^~:v.~.~, ...... r~..~.....~ fc. r i ..... :' ..... ~"' o~er mca~ In the event any person owning or occupying the prcmlses 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 border put in a proper and safe condition or correct the health hazard of the swimming pool within a period of ten (10) days from receipt of such letter. The City shall he authorized' to place a lien on the property not in cornpliance 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 he constmcted ! any swimming pools unless such swimming pool is completely~ enclosed by a fence with a minimum height of not less than four (4) feet. Such fence may he of a temporary nature but must he 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, prola'biting unrestrained admittance to the enclosed are& However, the swimming pool need not he 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 occupancy has been issued. The one hundred forty (140) feet shall be measured from 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 he permitted for each parcel or lot; (b) No utility shed shall he permitted in any required front or side yard area or within utility, drainage or access easements; (c) The maximum dimensions of a utility shed shall he no more than 100 Land Development Regulations City of Aventura, Florida Page 1 !-24 square feet in footprint and eight (8) feet in height; and (d) Rear and side setbacks for utility sheds on single f~amily 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. 1108.11 Utility/Mechanical 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 easemem 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 tlanchise utilities such as power, phone, cable, commnnication or drainage equipment which is located within a public utility easement. 1108.12 Water~ont Lands. A rear yard setback of twenty (20) feet from the rear or waterfront line measured landward therefrom shall be provided and no building construction, to include principal and accessory buildings shall be permitted in this setback. 1108.13 Docks; Construction Requirements. Prior to the construction of a dock within the city, the owner shall obtain approval of the proposed construction fi'om the Community Development Department, Miami-Dade County Envirommv/al 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 not properly constructed or maintained must be removed at the direction of the Community Development Department within filteen (15) days of receipt of notice. Land Development Regulations City of Avcntura, Florida Page 11-25 Section 1109. Compliance With Comprehensive Plan. 1109.1 Compliance Required. No development activity may be approved unless it is found that the development ts cons~tent eompties-with the d ..... j ~; ..... :"' requirements in the ~ Comprehensive Plan. ' ' 1109.2 Determining Compliance. If a development proposal is found to meet all the requirements 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 raise& the Community Development Director shall make a determination of compliance or noncompliance and support the determination with written findings. 1109.3 Concurrenc~ Required. No applications for development orders authorizing a new use or an expansion of an existing use shall be approved unless the facilities necessary to maintain 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 facilities or inclusion of necessary facilities in the applicable service element of the Comprehensive Plan, in the adopted Capital Improvements Element of the Comprehensive Plan, in the work plan or program of the agency having functional responsib'dity for provision of the facilities, 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. 1109.4 Development Orders Requiring Concurrency Determination~ The following three classes of development orders will be reviewed for concurrency: 1109.4.1 Initial Development Orders Zoning district boundary change Variance Site plan approval Conditional use approval Modification of covenant or restrictions 1109.4.2Intenmediate Development Orders Tentative plat and Final plat 1109.4.3 Final Development Orders Any building pen'nit for construction resulting in an increase in size or intensity ora land use. Certificate of occupancy to show consistency with what was approved. Land Development Regulations City of Aventura, Florida Page I 1-26 1109.5 Burden of Showing Compliance. The burden of showing compliance with level of service reqtdrelnents shall be upon the applicant for a development order. The applicant shall submit information regarding compliance with concurrency reqtfirements when requested by the Collltltunlty Developmem Department in a format acceptable to the Department. In order to be appmvable, the Community Development Director shall determine that applications for development approval have provided sufficient inforn~tion showing compliance with these standards. 1109.6 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 maximum daily capacity which is no less th_an two percent (2%) above the maximum 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 I00 psi. Unless otherwise approved by the Miami-Dade Fire Department or a successor entity, minimum fire flow, based on the land use served, shall be maintained as follows: Gallons per Minute Land Use Type Single Family Residential Estate Density 500 Single Family and Duplex Residential on 750 Minimum lots of 7,599 square feet Multi-family Residential, Semi-professional 1,500 Offices Hospitals, Schools 2,000 Business and Industry 3,000 (c) Water quality shall meet all federal, state and cotmty primary standards for potable water. (d) System-wide storage capacity for finished water shall equal no less than fifteen (15) percent of the system-wide average daily demand. Land Development Regulations City of Aventura, Florida Page 11-27 1109.6.2 Sanitary Sewer Service. (a) Wastewater treatment plants shall operate with physical capacity no less than the annual average daily sewage flow. (b) Effluent discharged fi~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 dem~tnd for the preceding five years. 1109.6.3 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 of 20 minutes or less is provided within ½ mile distance, roadways shall operate at no greater than 120 percent of their capacity; or (c) Where extraordinary transit service such as con~nuter rail or express bus service exists parallel roadways within ½ mile shall operate at no greater th. an 150 percent of their capacity. Traflfic 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 concurrent roadway capacity unless, in the judgement of the Community Development Director, the failure to achieve concurrency poses a threat to the safety, health and welfare of the conmaunity. Land Development Regulalions City of Aventura, Florida Page 11-28 1109.6.4 Mass Transit. A development site is considered to be served by mass transit if it meets any of the 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 paratmnsit 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 (a) Where the average combined population and employmem density along a transit coixidor exceeds 4,000 per square mile; (b) It is estimated that there is sufficient demand to warrant service; (c) The service is economically feas~le; 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. 1109.6.5 Stormwater Management (Drainage). The drainage level of service standard is comprised of a flood protection standard component and a water quality con-~ponent. 1109.6.5.1 Flood Protection. The minimum acceptable flood protection level of service standard shall be protection fi.om the degree of flooding that would result for a duration of one day fi.om 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 Aventura, or as specified in the Miami-Dade County Code, whichever Land Development Regulations Ctiy of Aventara, Florida Page 11-29 1109.6.5.2 Water Quali_rv. The water quality level of service component of the standard shall be met when the annual average for each ofthe 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 determined in accordance with procedures established by Miami-Dade County DERM: Pollutant: Biological Oxygen Demand (BOD) 9 rog/1 Chemical Oxygen Demand (COD) 65 rog/1 Total Suspended Solids (TSS) 40 mg/l Total Dissolved Solids (TDS) 1,000 rog/1 Total Ammonia-Nitrogen & Organic 1.5 mg/l Ammonia Total Nitrate (Nox-N) 0.68 mg/1 Total Phosphate (TP04) 0.33 mg/1 Dissolved Phosphate (DP04) Not available Cadmium (Cd) 0.0023 mg/l Copper (Cu) 0.0258 mg/l Lead (Pb) 0.0102 rog/1 Zinc (Zn) 0231 mg/1 Applicants seeking development orders in canal basins, or sub-basins, that do not meet either the FPLOS orthe WQLOS shall be required to conform to Best Mamgement Practices (BMPs) as provided by Miami- Dade County Code. Owners of conm~rcial or industrial properties where BMPs are required, shall, at a minimum, demonstrate that 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 stormwater systems are inspected two times per year and maintained and cleaned as required. 09.6.6 Solid Waste Disposal The Miami-Dade County Solid Waste Management System, which includes County-owned solid waste disposal facilities 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 accommodate waste flows committed to the system through long-term interlocal agreements or contracts L~nd Development Regulations City of Aventura, Florida Page 11-30 with municipalities and private waste haulers, and anticipated non- committed waste flows. 1109.6.7 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 permanent residents. For the purposes of this subsection '~qet Useable Park Land" is defined as: (a) Any City park, conservation land, greenway, recreation facility or marina, calculated at 100 percent of gross area. (b) Any State or County 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 facilities within the boundaries of the City, calculated at 50 percent of gross area and (d) Any private marina or golf course facility within the boundaries of the City, calculated at 25 percent of gross area. Land Development Regulations City of Aventura, Florida Page 11-31 Section 1110. Satellite Dishes. 1110.1 Definitions For the purpose of this 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 frequency emissions. A mast, cabling, or other accessory neeessary 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 term "anterma" in the LDR. Antenna user means the person or entity that has a direct or indirect ownership interest in, and exclusive control over, the properly 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 .ma!efial made or provided to the City. Commission or FCC shall mean the Federal Communications Commission or any successor governmental emity thereto. Communications Act means the Conanunications Act of 1934, 47 U.S.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 Act means the National Historic Preservation Act of 1966, 16 U.S.C., §§ 470 et seq., as the Act has and may hereatter be amended. Permit 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 fi'anchise, license, or permit that may be covered by other laws, ordinances or regulations of Federal, State, or any local govenm~nt entity including other laws or regulations of the City. Small satellite d/sh 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 Development Regulations City of Aventura, Florida Page 11-32 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 tliat is not used to provide over-the-air video programming. 1110.2 Purpose and intent. It is the purpose and intent of this article to establish roles 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 consumers have access to a broad range of video programming services; (b) fosters full and fair eornpetition among differem types of video programming services; (c) satis~ the City's legitimate governmental interests in protecting lives and property and promoting the public's safety, health and including, but not limited to (i) reducing the like~ood that satellite dishes will become windblown hurricane hazards and (ii) reducing crime and the opportunity for crime; and (d) ensure compliance with all applicable Federal, State and local law, roles and regulations, including, but not limited to, the South Florida Building Code. 1110.3 Small Satellite Dish Regulation. (a)Small satellite dish antennas are subject to the following requirements: (1) The satellite antenna installation shall require the approval of the City Manager or his designee. (2) The approval of the City Manager or his designee is contingent upon the compliance by the satellite antenna with the regulations of the City. (3) Where the construction, connection or installation of an antenna requires a permit under the South Florida Buildin~ Code (the "Code"), a permit shall be obtained. (4) 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, tliat 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 facts of such installation (i.e., the address of the installation, identity of the person respons~le 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 Land Development Regulations City of Aventura, Florida Page I 1-33 section. (5) As soon as staff resources permit, the City will inspect the installation to determine 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 permit under the South Florida Building Code will be unreasonably withheld to delay 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 reinstallation of an antenna in order for it to acNeve full compliance. (7) Alternatively, the person who wishes to install an antenna may file the application, pay the fee and obtain the permit, if one is required, in advance of the installation. (8) If a satellite plan is in compliance with federal and local rules, approval of the City Manager or his designee and a permit under the Code will be issued within 20 days of application, absent exceptional circumstances. (9) Such permitting process shall he 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 fi.om the street and adjacent properties. This is necessary to assure continued compliance and to keep the City appraised of the status of satellite corranunications within the City. (b) The City Manager or his designee shall review all installations and applications for small satellite antenna approvals for such installations within 20 days of receipt of applications, absent exceptional circumstances, to determine that the installation meets the following permit conditions: (1) 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. (2) No antenna shall be permitted in a front yard or on the fi.ont part of any roof which runs parallel with the fi:ont property line, except in the instance of comer lots where only one side will be designated the fi.ont property line (the "front" shall be the same as the street address of the property as assigned by the United States Post Office). (3) Every reasonable effort must be made to locate the antenna in a manner where it is effectively screened by a fence, near a stmcmre or near another protective barrier which will decrease the likelihood of a broken or dislodged antenna becoming a windblown hurricane hazard. (4) The City shall charge a $10.00 administration fee for review of each application and installation. Such fee shall be remitted with the Land Development Regulations City of Aventura, Florida Page 11-34 application. (5) No antenna installation shall ultimately be authorized by the City Manager or his designee unless the fee b~s been paid and the installation has been approved in writing and evidence of the issuance of a permit is produced where required. (6) The anterma shall be ground-mounted or located on the side of a structure as close to the ground as is reasonably poss~le. (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 sh~tll conform to the minimum setback requirements from 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 from power lines which shall be, at minimum, no less than eight feet from any power line over 250 volts. (I0) Except as provided in subparagraph (d) below, no antenna shall be placed upon a roof area that is supported by trusses. (11) Each antenna and antenna installation shall be required to be painted in a hshion so that it blends imo the background against which it is (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 subsectior[ (c) VSAT, 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 delayed, the City Manager may approve plans which deviate from 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 fi:om requirement ( 1 ) before deviating from requirernent (2), must deviate from requirements (1) and (2) before deviating from requirement (3), must deviate from requirements (1), (2), and (3) before deviating fi:om requirement (4), and must deviate from requirements (1), (2), (3), and (4) before deviating from 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 Development Regulations City of Aventura, Florida Page 11-35 National Historic Preservation Act of 1966. (2) The antenna shall be ground-mounted or located on the side of a structure as close to the ground as is reasonably possible. (3) An antenna shall not be placed on a roof area which is supported by trusses; (4) No antenna shall be permitted in a front yard area or on the from part of any roof which hms parallel with the from property line, except in the instance of comer lots where only one side will he designated the front property line. The "from" shall be the same as the street address of the property as assigned by the United States Post Office. (5) Any other deviation from the requirements of this article must he justified, taking into consideration the location and surrounding structures, fences, landscaping and other features. (e) (1) Rooftop installation of satellite dish or dish antennas will only he permitted where (a) a City Building Official/Fruss Manufacturer approves the method of attachment proposed by the applicant before the installation; (b) the antenna is anchored to the roof in conformance with the requirements of the South Florida Building Code; and (c) a professional engineer certifies as safe any infrastmc~e improvements made to fortify the tress system or the truss system as designed to which the antenna will he installed. Such certification must he obtained, absent exceptional circumstances, within 20 days of installation. (2) The installation of any antenna stmcture motmted on the roof of a building shall not he erected nearer to the lot line than the total height of the antenna structure above the roof, nor shall such structure he erected near electric power lines or encroach upon any street or other public space. (3) Antenna users must obtain a special permit as described in subsection (f) herein, in cases in which the antennas extend mere than 12 feet above the roof line in order to receive signals. (f) 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 he approved before installation due to safety concerns posed by wind loads and the risk of falling 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 he installed by a licensed and insured contractor. Land Development Regulations City of Aventura, Florida Page 11-36 (4) Masts must be painted the appropriate color to match their surroundings. (5) Masts installed on a roof shall not be installed nearer to the lot line than the total height of the m~asts and antenna structure (combined height) above the roof. The purpose of this regulation is to protect persons and property that would be damaged il'the mast were to fall during a storm or from other causes. (6) Masts 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 fall in a storm. (7) Masts shall not encroach upon another owner's lot or coinmon property. (8) Masts installed on the ground must sustain a minimum of 120 mph winds, or such speeds as otherwise provided in the applicable Building Codes. (g) 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 normally apply. 1110.4 Large Satellite Dish Regulation. The provisions of section 1110.3 shall apply to large satellite dish antermas. To the extent that any provision of section 1110.3 (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. 1110.5 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. 1110.6 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 irdbrmation 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 remm receipt requested, registered mail, or express delivery by the designated contact. If such notice is not timely served, then parties shall follow State roles to determine the consequence of the non-timely service of notice, and the rights and remedies of the affected parties. Land Development Regulations City of Aventura, 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 developmem and continued existence of uses, structures, and lawful lots established prior to the effective dale 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 investmem in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these Regulations and the ctmmeter oft~ City. Any nonconforming use, s~Jucture, or lot which lawfully existed as of the effective date of these~ Regulations 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 maintained 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 thc 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, except as provided for development determined 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 intentionalh/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. ;ection 1204. Change Of Use. ~, nonconforming use may be changed to a permitted use or conditional use for the zoning district in which the property is located subject to the review and approval requirements of the appmprJate 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 determine what constitutes "ordinary repairs and mainte~ance", in accordance with the criteria that such repairs and maintenance do not substantially alter the structure, result in change of occupancy 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 s'nnilar abnormal and identifiable event, and the cost of restoring Land Development Regulations City of Aventura, Florida Page 12-1 the structure to its condition which e:~ted 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 permit is secured and reconsmaction is started within I~0 365 days from the date of the damage, and such reconstruction is diligently pursued to completion ¥,StkmX prior to the expiration of building permits. 1205.3 Ifa 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 existing 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 stmcture as restored, and the use thereof, will thereafter conform to all requirements of the zoning district in which it is located. Notwithstanding the above, structures may he 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 g~eater quantity of square feet of gross floor area (as to commercial structures) than that which lawfiflly existed immediately prior to the event of destruction; and (b) Requires a variance, if any, only_ from setbacks, lot coverage, height, floor: area ratio, motor vehicle parking area, landscaping, open-space or similar criteria, i if the g:mnt of such variance would result in development which is still compatible with surrounding uses and structures and does not result in restoring a non- conforming land use which is specifically prohibited as a use by the LDRs. Compatflfilitv shall he determined upon application for a variance pursuant to Section 506, except that the specific compatibility criteria described below shall he used in lieu of the unnecessary hardship standard of 506.5. (c) In accordance with paragraph (b) above, restoration shall he 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 irnpak the purposes of these Regulations in assuring that the grant ora variance: (i) maintains the basic iment of the Regulations; (ii) is not detrimental to the appearance of the community as protected by the Regulations; (/ii) is compatible with the surrounding land uses and structures and is not detrimental to the connnunity. 1205.4.1 The restriction upon restoration and rebuilding which is provided by Section 1205.3 above, shall not apply to damages or destruction to an,/residentially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the Land Development Regulations City of Aventura, Florida Page 12-2 community and not primarily affecting an isolated property or developmem. This provision is intended to avoid disruption of housing availability and to avoid inconvenience to the residential population. Section 1206. Alteration Or Enlargement Of Nonconforming Structure. Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (a) the enlargement or alteration itself conforms to the requirements of these Regulations; and (b) 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 (c) the use of the structure is conforming; and (d) the property owner or developer secures conditioval use approval for th~ enlargemem or addition in accordance with the procedures in these regulations. 1206.1 This section shall not bar an alteration or enlargement which is authorized by Section 103.2.2, conceming vested rights, under those circumstances in which the fight to alter or enlarge an existing lawfully nonconforming structure is vested. Section 1207. Moving Of Nonconforming Structure. A nonconforming 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 regulations. Section 1208. Nonconforming Lots Of Record. 1208.1 Subdivision of Nonconforming Lots. When two or more comiguous, vacant, nonconforming lots of record are in a single ownership, '_ff such lots ~n~2 ~ are subdivided, they must be subdivided in such manner as will make them conforming. If this is impossible or impractical the City Commission may grant such variance fi:om this requirement in conformance with the requirements of Section 506.5 these Regulations. Land Development Regulations City of Aventura, Florida Page 12-3