For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations.

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. No sign denoting the accessory use shall be exhibited or displayed and no advertisement publicizing or marketing the accessory use separately from the principal use shall be exhibited or displayed, where such sign and/or advertisement is visible from premises which are located beyond or outside of the principal or accessory 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 common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls shall constitute new construction.

Adult use shall mean any place in which a principal use is the 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, 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 discernibly 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 enterprise, 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, describing, demonstrating or relating to completely or opaquely covered human genitals or pubic regions, buttocks, or female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or which have as their dominant theme matters depicting, 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.

Alcoholic beverage shall mean any distilled spirit, liquor, beer or wine as defined by F.S. § 561.01(4).

Alcoholic beverage sales C.O.P. beer and wine shall mean the sale of alcoholic beverages, specifically limited to beer and/or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C.O.P.) of the establishment selling the alcoholic beverages.

Alcoholic beverage sales C.O.P. beer, wine and liquor shall mean the sale of alcoholic beverages, which may include beer, wine and/or liquor, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco for consumption on the premises (C.O.P.) of the establishment selling the alcoholic beverages.

Alcoholic beverage sales A.P.S. beer and wine shall mean the sale of alcoholic beverages, specifically limited to beer and/or wine, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco as an alcoholic package store (A.P.S.) for consumption off the premises of the establishment selling the alcoholic beverages.

Alcoholic beverage sales A.P.S. beer, wine and liquor shall mean the sale of alcoholic beverages, which may include beer, wine and/or liquor, by an establishment licensed by the Florida Division of Alcoholic Beverages and Tobacco as an alcoholic package store (A.P.S.) for consumption off the premises of the establishment selling the alcoholic beverages.

Alley shall mean a through public right-of-way less than 25 feet in width which affords only a secondary means of access to abutting property and commonly located to the rear or side of a property.

Antenna shall mean a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in telecommunications (personal wireless) services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

Antenna dish, dish antenna, [or] satellite dish shall mean an antenna with a concave shape used for the reception and/or transmission of radio signals to and from satellites.

Antenna tower shall mean a structure used to support an antenna at some height above the ground.

Application for development approval shall mean a written request for approval of a proposed use 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 special flood hazard shall mean that area within a community in the 100-year floodplain.

Assisted living facility (ALF) shall mean any facility, licensed by the State of Florida, which undertakes to provide for a period exceeding 24 hours, housing, food service, 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 common 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 townhouse units.

Attached residential—Multifamily shall mean a group of two or more dwelling units which are attached by one or more bearing walls. These housing unit product types include garden apartments, townhouse units and may include other attached units.

Attached residential—Minimum lot area per unit shall mean the minimum required lot area of any attached residential lot within a development parcel.

Awning shall mean a rooflike cover that is temporary or portable in nature and that projects from the wall of a building. The purpose of an awning is to shield a doorway or window from the elements.

Bars, lounges and nightclubs shall mean a commercial establishment whose primary business is the sale of alcoholic beverages for consumption on premises and where under 50 percent 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 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 from each other. In some instances bufferyards may 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 situated on private property and serving in any way the function of a building but shall not permit the use of temporary structures except as provided in section 31-75 of this chapter.

Building code shall mean the Florida Building Code, Miami-Dade County edition, as amended.

Building envelope shall mean that area of the footprint of the primary building and parking structures on site. A line forming the boundary of the footprint shall not be broken and all buildings within the footprint shall be attached or touching so as to form a continuous surface area.

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 capability 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 at one and the same time, either by day or night, which children and/or senior adults are not foster children or related by blood or marriage to the operator. Adult care centers shall not include those uses meeting the definition of assisted living facilities or nursing home.

Church. See religious facility.

City Manager shall mean the chief executive officer of the City as defined by the City Code who shall have such duties as are legally prescribed.

Commercial recreation shall mean a business, or zoning district whose primary purpose is recreational activities. Commercial recreation provides for major public and private commercial recreational, civic and cultural facilities which offer recreational opportunities to residents and tourists. Commercial recreation uses include but are not limited to sports arenas, racetracks, theme parks, amusement parks and golf courses. Commercial recreation uses may include movie theaters, bowling centers, 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 repair; 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 of the City of Aventura.

Committed Submerged Open Space shall mean that portion of a lot, measured in square feet, that is submerged below water and relied upon in calculating the density or Floor Area Ratio (FAR) of a development project upon the upland of the same lot. Committed Submerged Open Space is to be identified on the site plan of the development relying upon it and becomes an integral feature of such site plan. Committed Submerged Open Space, as opposed to upland open space, does not fulfil the Open Space requirements set forth in the site development standards of the zoning district regulations applicable to the lot except as specifically and explicitly allowed by those site development standards.

Community Development Director shall be the director of the Community Development Department as appointed by the City Manager.

Comprehensive Plan [or] Plan shall mean the City of Aventura's Comprehensive Plan as adopted by Ordinance No. 98-27 and as may be amended from 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, F.S. ch. 718, as amended from time to time.

Contiguous shall mean 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 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 and/or redevelopment as defined in these LDRs.

Development shall mean the construction, alteration or material change to vacant land and will be limited in its applicability to those properties shown on the City of Aventura Vacant Land Map included as Figure II.A.3. in the 2005 Evaluation and Appraisal Report of the City's Comprehensive Plan. Development on all other parcels not shown as vacant land on the City of Aventura Vacant Land Map will be considered Redevelopment, unless otherwise expressly provided herein. See Redevelopment. The following activities or uses more specifically, but without limitation, shall be taken for the purposes of these regulations to constitute "development":

(1)

Alteration of a shore or bank of a lake, pond, or canal, including any "coastal construction" as defined in F.S. § 161.021.

(2)

Commencement of drilling, mining, or excavation on a parcel of land, except to obtain soil samples.

(3)

Clearing of land as an adjunct of construction.

(4)

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(5)

The demolition of a lawful nonconforming solely residential structure (which may include accessory uses) and construction of a commercial use on the same parcel(s).

(6)

The demolition of a lawful nonconforming solely commercial structure and construction of a residential use on the same parcel(s).

The following operations or uses shall not be construed for the purpose of these regulations to involve "development":

(1)

Work by a highway or road agency or railroad company for the maintenance of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

(2)

Work by any utility 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 rights-of-way any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like.

(3)

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.

(4)

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling.

(5)

A change in the ownership or form of ownership of any parcel or structure.

(6)

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

(7)

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.

(8)

A change in use of a structure from a use within a zoning district to another use in the same zoning district.

Development includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of development or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this definition.

Development agreement shall mean an agreement between an individual, partnership, corporation or other governmental entity and the City for the 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, commission, or board of the City having the effect of permitting development and/or redevelopment. See also F.S. § 163.3164.

Development parcel shall mean a parcel of land and water used for residential or non-residential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space and other public or private uses.

Dish antenna. See Antenna dish.

Divided roadway shall mean a street where the opposing directional lanes of traffic are separated by a median or center turn lane.

Drive-through or Drive-thru shall mean a facility designed to accommodate pickup of food, merchandise or services by a motor vehicle momentarily at rest in a driveway expressly designed for that purpose.

Duplex unit shall mean two dwelling units connected by a one-hour or greater fire-resistive wall.

Dwelling unit(s) shall mean a house, apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common 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 condominiums" and "retirement housing".

Emergency shall mean any occurrence, or threat thereof, whether accidental or natural, caused by man, 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 improvements 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 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 shall mean an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

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 dry land areas from the overflow of tidal waters or the unusual and rapid accumulation of runoff of surface waters from any surface.

Flood Insurance Rate Map (FIRM) shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable.

Floodplain shall have the same meaning as Area of special 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 centerline 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.

Footprint shall mean a continuous surface area composed of building foundation(s).

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 of a structure's or business' front surface 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 corners, or in other situations where a lot abuts more than one street, the front street shall be the street upon which the lot address is based. If no address has been assigned, then the side upon which the lot has the least frontage is the front street. In the case of unusual lot configurations, the front street shall be as determined by the community development director.

Functional integrity shall mean the completeness and natural stability of an assemblage of native plants and animals as indicated by measures of continuity, species diversity, species interdependence and biomass.

Future Land Use Map or Land Use Plan shall mean the adopted Future Land Use Map of the Land Use Element of the City of Aventura Comprehensive Plan, as defined in Rule 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 accessory uses are considered part of a golf course.

Governmental agency shall mean:

(1)

The United States or any department, commission, agency, or other instrumentality thereof;

(2)

The State of Florida or any department, commission, agency, or other instrumentality thereof;

(3)

Any local government or any department, commission, agency, or other instrumentality thereof; or

(4)

Any school board or other special district, authority, or governmental entity.

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 of a parcel including land and water.

Gross floor area (GFA) shall mean the floor area inside of the exterior walls including elevators, stair wells, common corridors, trash rooms, common lobbies, common rest rooms, meter rooms and ancillary power equipment rooms.

Gross leasable area shall mean the total floor area within a retail or office property that is available for lease to tenants, upon which tenants pay rent and that is designed for the tenant's occupancy and exclusive use. Gross leasable area does not include public or common areas, such as corridors, sidewalks, stairwells, elevators, mechanical and service areas.

Ground disturbing activity shall mean excavation or removal of vegetation.

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 front of the building to the highest point of the roof surface, excluding mechanical equipment, chimneys, spires, steeples, radio or television antenna, flag poles, solar apparatus and utility poles. The height of a structure shall be measured to the mean height between eaves and ridge for a gable, hip and gambrel roof and to the highest point, excluding parapet, of a flat roof and to the deckline of a mansard roof.

HERO Housing shall mean residential dwelling units constructed after May 1, 2023 that are subject to an agreement between the City and the developer of such residential units, including a recorded covenant running with the land, by which such units are made available to individuals at less-than market rate pricing. The units shall be made available pursuant to the City's HERO Housing Program Guidelines as adopted and amended from time to time by Resolution of the City Commission and in accordance with the terms set forth in the agreement with the developer.

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 outpatient treatment and has overnight accommodations, wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists or any other such profession, which may lawfully be practiced in the State of Florida.

Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the receipt holder at the time of issuance and renewal of the applicable City local business tax receipt.

Hotel, Limited-Service is a hotel use within a residential development, physically separated from the residential use and having its own separate driveway entrance/exit and its own separate lobby, wherein no more than ten percent of the gross floor area is devoted to hotel amenities such as dining areas, bars, lounges and meeting rooms, excluding the gross floor area of accessory ground floor retail and restaurant uses. The hotel use and the residential use may be located in one building, but the hotel rooms and residential units shall be located in separate vertical blocks.

Land shall mean the earth, at or below the surface, that lies above mean high water for water bodies.

Land use shall mean:

(1)

The development that has occurred on land; or

(2)

The development that is proposed on land; or

(3)

A use that is permitted or permissible on the land under the Plan, or element or portion thereof, or LDRs.

Light industrial use shall mean an industrial use for the manufacture, fabricating, processing, converting, warehousing, distribution, wholesaling, altering and assembling of products, repairing, packaging or treatment of goods, the nature of which is that it will not cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or excessive light beyond the 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 hazards or congestion due to type or amount of vehicles required by or attracted to the use.

Local planning agency (LPA) in accordance with Ordinance 96-27 of the City of Aventura, the City Commission has been designated as the Local Planning Agency for the City pursuant to F.S. § 163.3174.

Lot shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. A lot has an assigned number, letter or other name through which it may be identified.

Lot of record shall mean either a lot or contiguous lots which exist, under single ownership at the time of adoption of this chapter, and which are part of a subdivision, the plat of which has been recorded in the Public Records of Miami-Dade County; or any parcel of land not part of a subdivision, that has 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 parking of vehicles (such as a garage or carport), building access, or storage in any area other than a basement area, is not considered the building's lowest floor.

Master Zoning Plan shall mean a Master Zoning Plan submitted and approved according to the requirements of this chapter.

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 floodplain. For the purposes of these regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Motel shall mean a commercial establishment which provides overnight sleeping accommodations for the public. Principal access to all rental rooms shall be from the outside and parking spaces shall be oriented in such a manner so as to facilitate direct access from such units to the automobiles of the renters.

Multi-family residential dwelling shall mean any group of more than four dwelling units occupying a single building site, composed of one or more buildings.

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 parcel 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, common corridors, trash rooms, common lobbies, common rest rooms, meter rooms, ancillary power equipment rooms, and all rooms with ceilings less than six 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 zoning district in which it is located.

Nonconforming structure shall mean a structure lawfully established prior to and existing on the effective date of these regulations, or any amendment hereto which renders the structure nonconforming, which no longer conforms to the requirements 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 amendment hereto which renders the use nonconforming, which no longer conforms to the requirements of these regulations for the zoning district in which it is located.

Nursery school shall mean any structure, lot 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 24 hours, nursing care, personal care or custodial care to unrelated persons, who by reason of illness, physical infirmity or advanced age require such services but does not include any place providing care and treatment primarily for the acutely ill.

Office shall mean a use where the clerical, administrative, financial or consulting aspects of business, professional, medical or governmental services are conducted. Office uses shall include, but not be limited to; financial institutions, insurance offices, medical offices, or business consulting services. Office shall not include the retail sale of merchandise, industrial uses or recreational uses.

Officer or official shall mean an officer or official of the City of Aventura.

Office park shall mean a zoning district and land use district whose primary purpose is to permit planned office complexes in a campus-like atmosphere with substantial buildings and ample open space.

Open space shall mean any area of land which is open and unobstructed from the ground to the sky. Open space shall include private parks, buffer yards and common landscaped areas. Open space shall also include 50 percent of the area of landscaped rooftop amenities and landscaped above-ground patios, provided such areas are well landscaped with trees and other plantings and are maintained for the common benefit of and accessible to all occupants of the building. Open space shall not include areas covered with buildings, parking areas, driveways and other paved areas and shall not include planter boxes on exterior walls or other above-ground planting areas that are not available for use by building occupants. Open space shall not include areas submerged below water except as specifically and explicitly allowed by the site development standards or the conditional use allowances within the applicable zoning district regulations.

Outdoor lighting shall mean any light source that is installed or mounted outside of an enclosed building, excluding street lights within a right-of-way.

Owner shall mean any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal or beneficial title in whole or in part of a building or land.

Parcel shall mean a contiguous lot or tract of land owned and recorded as the property of the same person or persons or controlled by a single entity.

Permeable area [or] pervious area shall mean any portion of the 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, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

Plan. See Comprehensive Plan.

Platted lot shall mean a lot which is identified on a recorded plat.

Plot. See Lot.

Previously owned jewelry shall mean any item of personal property or object of value previously owned or used, which is not sold as new, and which is a watch or which contains one or more diamonds, emeralds, rubies, sapphires or other precious gemstone.

Previously owned precious metals means any item of personal property or object of value, previously owned or used, which is not sold as new, and which contains gold, silver, platinum or other precious metal.

Principal building shall mean a building which is occupied by, and devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one principal building on a parcel.

Pub. See Restaurant.

Public buildings and uses shall mean office and service buildings, uses, or facilities owned or operated by a governmental agency.

Public utility shall mean any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public.

Recreational vehicle shall mean a vehicle or portable structure built on a chassis, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for travel, recreation, or vacation use, including but not limited to, travel trailers, truck campers, camping trailers, and motor homes.

Redevelopment (Residential) shall mean the demolition and reconstruction, renewal, alteration or material change in the extent or appearance of a residentially zoned structure or structures or significant part of a structure or structures and/or 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, and/or an increase in the number of bedrooms. Redevelopment shall not mean the demolition of lawful nonconforming solely commercial structure and construction of a residential use on the same parcel(s).

Redevelopment (Commercial) shall mean the demolition and reconstruction, renewal, alteration or material change in the extent or appearance of a commercially zoned structure or structures or significant part of a structure or structures and/or a change in the intensity of use of land, such as an increase in floor area. Redevelopment shall not mean the demolition of a lawful nonconforming solely residential structure (which may include accessory uses) and construction of a commercial use on the same parcel(s).

Redevelopment includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, redevelopment refers to the act of redevelopment or to the result of redevelopment. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities, is not redevelopment. Reference to particular operations is not intended to limit the generality of this definition.

Redevelopment area means those redevelopment areas described in or envisioned by the City's Comprehensive Plan or redevelopment goals and plans that may be established for particular areas by the City Commission. The Biscayne Boulevard Commercial Corridor described in the City's Comprehensive Plan as a redevelopment area shall incorporate all commercial property with frontage on Biscayne Boulevard including but not limited to the Aventura Mall and all of its associated outparcels.

Rehabilitation centers shall mean any facility for the treatment and rehabilitation of drug dependents as defined in F.S. ch. 397.

Religious facility shall mean any church, synagogue, denominational or ecclesiastical organization having an established place for worship in the City at which nonprofit religious services and activities are regularly conducted.

Residence or residential use shall mean used or intended for use exclusively for dwelling purposes, as applied to any lot, plat, plot, parcel, tract, area or building, but not including hotel rooms.

Restaurant shall mean a commercial establishment where food and beverages are primarily ordered from individual menus, served at tables, and consumed on premises.

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.

Right-of-way shall mean all land dedicated for public transportation, 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 of the 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 dish.

Schools shall mean an institution for instruction and learning whether public or private; including pre-schools, grade schools, middle schools, high schools, colleges and universities, however not including private schools of professional training or day care centers.

Setback shall have the same meaning as Yard.

Sidewalk shall mean a concrete pedestrian path no less than four feet in width which runs parallel to and within a right-of-way; or connects two or more non-residential parcels; or connects a parking area to the entrance of a 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 F.S. § 163.3187(1)(c)1 et seq.

Street or road, arterial shall mean a route providing service, which is relatively continuous, and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. Arterial roads shall generally be those roads which provide access from collector roads, non-residential driveways or limited access highways. A street having that meaning given in F.S. § 334.03(15), 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 Transportation Element of the Comprehensive Plan.

Street or road, collector shall mean a route providing service which is of relatively moderate average traffic volume, moderate average trip length and moderate average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. Also any street designated as an urban collector or local urban collector in the Transportation Element of the Comprehensive Plan.

Street or road, local shall mean a road designated and maintained primarily to provide access to abutting residential property. A local street or road is of limited continuity and is not intended for through traffic. A local street or road is not a major street or road.

Street or road, major shall mean any street or road with a right-of-way greater than or equal to 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 lanes by the year 2015 according to the Transportation Element of the Comprehensive Plan. See also Street or road, arterial and Street or road, collector.

Street or road, minor shall mean any street or road with a right-of-way less than 60 feet. See also Street or road, local.

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, the use of which requires a location on a parcel of land. It includes fixed or movable buildings which can be used for housing, business, commercial, storage, agricultural, or office purposes, either temporarily or permanently. Structure also includes roads, driveways, walkways, paths, fences, patios, decks, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, cisterns, sheds, docks, and other accessory construction.

Subdivision shall mean the division of property into two or more lots, parcels, tracts, blocks, sites, units or any other division of land, or if the establishment of new streets 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 structure conducted within any 12-month period, the cost of which equals or exceeds 50 percent of the predestruction 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) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are necessary solely to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or any inventory of local historic places.

Telecommunication facilities shall mean any facility that is used to provide one or more telecommunications 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 telecommunications facility to the extent that it provides only cable service. Also, [telecommunication facilities] includes any antenna or broadcast equipment located outdoors which is used for telecommunications and not otherwise defined as a dish antenna.

Temporary uses shall mean uses that are required in the construction phase of development or are uniquely temporary or seasonal in nature, including: Christmas 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 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 of the City of Aventura.

Tree survey shall mean a document meeting the requirements of 21-HH F.A.C., which can be overlaid directly upon a site plan and must provide, at a minimum, the following information:

(1)

The location plotted by accurate techniques, in relation to all proposed development, of all existing non-nuisance trees which are proposed to be destroyed, relocated, impacted, or preserved;

(2)

The common and scientific names of each tree; and

(3)

The DBH of each tree, or if a multiple trunk tree, the sum DBH for all trunks.

Trip shall mean a one-way movement of vehicular travel 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 space shall mean common land areas, either landscaped or developed as active recreational, but not located within or on top of a residential structure.

Variance shall mean a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited by these regulations where specific enforcement would result in unnecessary hardship.

Vehicular use area shall mean areas on a parcel of land used for traffic circulation and parking which include, but are not limited to, driveways, parking spaces and access aisles, stacking areas and by-pass lanes for drive-through windows, or outdoor retail sales and display areas for new or used cars, trucks, boats or recreational vehicles.

Warehouse shall mean a business or building used primarily for storage and distribution of goods and materials by manufactures, wholesalers, and distributors.

Warehouse - self storage shall mean a business or building used primarily for storage of materials and personal goods by businesses and persons. A warehouse - self storage building is leased in small increments to businesses and persons which do not conduct any business activity from the leased area and do not require an occupational license pursuant to the City Code.

Wetland shall mean that land which is subject to F.S. § 373.019.

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.

Wetland mitigation bank means an area designated and licensed for the purpose of providing compensation for wetland impacts, and includes a resource analysis, credit assignment system and long term maintenance plan that assures persistence of the mitigation bank and the wetland functional values.

Yard shall mean an open area between a structure and a parcel, lot or street easement/right-of-way line which is within a parcel boundary; or that area within a parcel between a building and another building. This area shall be unoccupied and unobstructed from the ground upward, except for permitted encroachments otherwise allowed in these LDRs. In measuring a required yard, the horizontal distance from the furthermost projection of the main building shall be used.

Yard, front shall mean a yard extending across the full width of the plot between the front 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 full width of the plot between the rear plot line and the required set back line. Every required rear yard shall be measured at the closest point between the lot or parcel line and the structure.

Yard, required shall mean a 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.

(Ord. No. 99-09, § 1(Exh. A, § 201), 7-13-99; Ord. No. 2001-15, § 1, 10-2-01; Ord. No. 2002-07, § 1, 3-5-02; Ord. No. 2002-14, § 1, 6-4-02; Ord. No. 2002-22, § 1, 9-3-02; Ord. No. 2005-01, § 1, 1-4-05; Ord. No. 2005-15, § 2, 11-1-05; Ord. No. 2006-02, § 2, 2-8-06; Ord. No. 2007-07, § 8, 5-1-07; Ord. No. 2012-15, § 2, 10-2-12; Ord. No. 2017-07, § 2, 6-14-17; Ord. No. 2018-14, § 2, 9-4-18; Ord. No. 2020-03, § 5, 5-5-20; Ord. No. 2023-12, § 2, 7-11-23; Ord. No. 2023-14, § 1, 7-11-23)

In the interpretation of the language of these LDRs, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the City Commission.

(1)

Generally. Terms used in these regulations, unless otherwise specifically provided, shall have the commonly understood meanings, per definition contained within the Plan, or the meaning reasonably ascribed to them by the City Commission.

In the interpretation and application of any provision of these regulations, the provision shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these LDRs imposes greater restrictions upon the subject matter than a general provision imposed by another provision of these regulations or other City ordinance, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(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.

(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 professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. Following any reorganization of the structure or duties of existing departments, authority shall be delegated to the appropriate successor department or division.

(4)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(5)

Non-technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning.

(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.

(7)

Shall, may. The word "shall" is mandatory; "may" is permissive.

(8)

Tense. Words used in the past or present tense include the future as well as the past or present.

(9)

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(10)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(11)

Day. The word "day" shall mean a calendar day, unless otherwise indicated.

(12)

Boundaries. Interpretations regarding boundaries of zoning districts shown on the Official Zoning Map shall be made in accordance with the following:

a.

Centerlines as boundaries. Where district boundaries appear to follow centerlines of streets, alleys, easements, railroads and the like, they shall be construed as following such centerlines.

b.

Property lines and the like as boundaries. Where district boundaries appear to follow street edge, lot, property or similar lines, they shall be construed as following such lines.

c.

Boundaries in or adjacent to bodies of water.

1.

Where district boundaries appear to follow shorelines or centerlines of bodies of water, they shall be construed as following such shore lines or centerlines. 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 intersect with other zoning boundaries or with the limits of jurisdiction of the City, shall be construed as extending in the direction in which they enter the body of water to intersect with other zoning boundaries or with the limits of jurisdiction.

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 govern.

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.

(Ord. No. 99-09, § 1(Exh. A, § 202), 7-13-99)