This chapter shall be entitled and may be referred to as the Aventura Land Development Regulations ("LDRs").

(Ord. No. 99-09, § 1(Exh. A, § 101), 7-13-99)

These LDRs are enacted pursuant to the requirements and authority of F.S. ch. 163, pt. II (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers confirmed in F.S. ch. 166 (Home Rules Powers Act) and the Constitution of the State of Florida.

The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs 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 LDRs that the development process in the City of Aventura be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; equitable, in terms of consistency with established regulations and procedures, and show respect for the rights of property owners, and the consideration for the interests of the citizens of the City.

The LDRs shall provide a cohesive blueprint for development and redevelopment of the City by addressing strategies to accommodate growth while maintaining neighborhood integrity; ensure appropriate height and site development requirements and design guidelines; ensure appropriate transitions and linkages between different neighborhoods and uses; encourage more walkable neighborhoods; buffer neighborhoods and existing development from the encroachment of incompatible uses; limit the intensity of future development and redevelopment in a manner that is consistent with current development patterns and that minimizes further negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times and quality of life and prevent redevelopment of a residential parcel in a manner that would increase its existing density unless redevelopment of said parcel is within a redevelopment area described in or envisioned by the City's Comprehensive Plan or will implement specific development or redevelopment goals or plans that may be established for particular areas by the City Commission or redevelopment that is provided by expressly authorized conditional use approval.

(Ord. No. 99-09, § 1(Exh. A, § 102), 7-13-99; Ord. No. 2006-02, § 2, 2-8-06)

(a)

General applicability. Unless otherwise permitted as an exception under section 31-3(b) or allowed to continue as a nonconforming use under Article XII of this chapter, 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 LDRs. Except as expressly provided in these LDRs, no development and use of land shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of these LDRs. The fact that a development order, permit or decision has been issued by an officer or employee with apparent but not actual authority over the interpretation or enforcement of these LDRs shall not estop or otherwise prevent the City from strict enforcement of the provisions of these LDRs.

(b)

Exceptions, vested rights.

(1)

The provisions of these LDRs, and any amendments hereto, shall not affect development which has been approved after April 1, 1996, but before adoption hereof and is otherwise exempted in accordance with the provisions of this subsection or the nonconformity section of these regulations.

(2)

Nothing in this chapter shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:

a.

A governmental act of development approval was obtained prior to the effective date of this chapter or prior to the effective date of an amendment to this chapter; and

b.

Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and

c.

That it would be highly inequitable to deny the property owner the right to complete the development.

(3)

Except as provided in subsection (4) of this section, any property owner claiming to have vested rights under this section must file an application with the City Manager for a vested rights determination within 120 days after the initial effective date of this chapter (as to any claim of vested rights prior to initial adoption) or within 120 days after an amendment of this chapter (as to any claim of vested rights arising after the initial adoption of this chapter and prior to the amendment). The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documentary evidence supporting the claim. The City Manager shall review the application and based 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 days after the City Manager's written decision. The City Manager is authorized to enter 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 exist 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 Manager may administratively 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.

(4)

Any property owner claiming to have vested rights under this section, by virtue of: (i) A court judgment rendered by a court of competent jurisdiction; (ii) County Vested Rights Determination; or (iii) State Department of Community Affairs Vested Rights Determination may follow the simplified procedure authorized by this paragraph in lieu of the procedure provided by subsection (3) of this section. The procedure under this subsection (4) shall be as follows:

a.

The property owner claiming such vested rights shall file an application with the City Manager for a vested rights determination within 120 days after the effective date of this chapter. 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 qualifying items (i—iii) listed above or required by the City and other documentary evidence supporting the claim. The City Manager shall 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 qualifying items (i—iii) unless clear and convincing evidence shows that vested rights have been waived, have expired or are not applicable, in whole or in part. The City Manager is authorized to enter into a Vested 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 exist 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 Manager may administratively 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.

b.

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 days after the City Manager's written decision.

(5)

The provisions of the LDRs shall not affect development for which a building permit has been issued on or before the effective date of the initial adoption of these LDRs, (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 31-71(l). Upon completion of such development, the development will be subject to the provisions of these LDRs except as otherwise provided herein.

(Ord. No. 99-09, § 1(Exh. A, § 103), 7-13-99)

The City of Aventura is divided into zones or districts, as shown on the Official Zoning Map and described in the LDRs. The Zoning Map, together with all explanatory matter thereon, shall be considered a part of the LDRs. The Zoning Map is the official record of zoning status of areas within the City. A copy shall be maintained in the Community Development Department.

(1)

Amendments to the Zoning Map. Amendments to the Official Zoning Map shall be made in accordance with the procedures and standards of the LDRs.

(2)

Recording amendments to the Zoning Map. Within a reasonable period of time after any amendment to the Zoning Map, the change shall be posted on the Zoning Map.

(Ord. No. 99-09, § 1(Exh. A, § 104), 7-13-99)

Editor's note— Ord. No. 99-10, §§ 2—4, adopted June 15, 1999, provided as follows:

Section 2. Adoption of Zoning Map. That the Zoning Map attached as Exhibit "A" [of Ord. No. 99-10] is adopted as the official zoning map of the City of Aventura, and that all property within the City is hereby rezoned in accordance with the Zoning Map.

Repeal of Zoning Map and Designations. That the Zoning Map that was adopted by Section 8.03 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this Ordinance.

Section 4. Conflicts. That all ordinances and parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the Land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allowed by law. However, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this ordinance.