ORD 739-171
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ORDINANCE NO. 739 -17
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,
AMENDING VILLAGE CODE CHAPTER 20 STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES AND ZONING
CODE SEC. 521 REQUIRED OFF - STREET PARKING, OF
ZONING APPENDIX A, CONTAINED IN THE CODE OF
ORDINANCES OF MIAMI SHORES VILLAGE, PROVIDING FOR
PUBLIC WORKS PERMITS AND REVIEW AND APPROVAL OF
PUBLIC WORKS PERMITS BY THE PUBLIC WORKS
DIRECTOR, PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with, Sec. 1001 of the Village Code of Ordinances, the
administration has requested that the Planning Board, review Village Code Chapter 20 and
Zoning Code Sec. 521 and consider amendments to create Public Works Permits and provide
for Public Works review and approval of work in the swale / right -of -way done by persons other
than the Village; and,
WHEREAS, together with the Planning Director and the Deputy Public Works Director,
the Planning Board reviewed information pertinent to permitting and reviewing work in the swale
by others than the village, heard presentations at a public workshop and public hearing at which
testimony was offered; and,
WHEREAS, during the Planning Boards public hearing, and deliberations, the Board
considered the appropriateness of adopting the amendments and considered the role of public
works in reviewing and approving permits for work in the swale / right -of -way done by persons
other than the village; and
WHEREAS, the Planning Board held a public hearing on June 22, 2017, and voted to
recommend approval of an amendment to Chapter 20 Streets, sidewalks and other public
places and Sec. 521 Required off - street parking of Appendix A. Zoning contained in the Code of
Ordinances of Miami Shores Village.
WHEREAS, regulation of non - Village parking and us of right -of -ways, parkways or
swales abutting private properties constitutes a special circumstance whereby applicants seek
to install improvements upon property not owned by the applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL.
Section 1. That Chapter 20 Streets, Sidewalks and Other Public Places contained in
the Code of Ordinances of Miami Shores Village is hereby amended and shall read as follows
(words that are stFisken out are deletions; words that are underlined are additions).
Chapter 20 Streets, Sidewalks and Other Public Places
48 Sec. 20 -17 Responsibilities of property owners regarding parkway area abutting street.
49 (c) Property owners may pave a portion of the parkway abutting their property if approval
50 of the buildiig-- aPA-z-GRing public works director is granted after his evaluation of drainage and
51 traffic considerations. The build�n"-nd- ing public works director will set the standards of
52 paving each property owner must meet.
53 Section 2. That Sec. 521 Required off - street parking of Appendix A, Zoning
54 contained in the Code of Ordinances of Miami Shores Village is hereby amended and shall read
55 as follows (words that areStFdGken out are deletions; words that are underlined are additions).
56
57 Appendix A Zoning
58 Sec. 521. - Required off - street parking. (b) Size, materials, and location of off - street parking
59 spaces and access aisles.
60 (2) Single- family uses.
61 b. Driveway /parking spaces on right -of -way. Parking for adjoining single - family
62 detached residences may be approved on the swale /parkway subject to the
63 following requirements:
64 1. All required parking must be located on the plot it serves. Street, sidewalk or
65 parkway / swale areas may not be used for required off - street parking purposes.
66 No paving (except village projects) shall be permitted on the swale /parkway
67 unless all required parking spaces consistent with this Code are provided on
68 and for the adjoining property.
69 2. A public works permit is required and must be applied for and approved before
70 any paving, planting or any other activity not undertaken by the village. takes
71 place in the Swale. Swale /parkway areas may be paved for driveways or parking
72 if the design is approved by the planning-and-Z-GniRg director of public works.
73 as- -tieing- Gonsistent- with- the�-staedards-- ef-this-C- ede --and- 4he_a -ta- be_paved
74 dees�et exceed -5 - percent- -ef4e-swale/p af-kwway--ar= ea- e- p- t -he- par44sular- -Bent
75 eieva#+a"r--side, if on-,GGme ` t -least 50 perseRt of the parti rent
76 ei&vat-ian -(-or -- side -,-if--o rn er4- of- t- he- swalelpar- kway4e- b€- raintained green
77 spaGe (pervieus area)
78 Atl -dr► ways erg the right -e way was - a-- miniraw, fee# #em --the
79 preloRgatien -af-- the-pr- operty- -fines extended- -e -xsept dr vewa�- flares- may e
80 toGated -- not- less4ha R-4hree- feet-4reFP,-the-- prvionga€ian- ofthe PFGpehy 143 es
81 ext
82 4 Each -pave4 -a Tr iiag per d molar -tG4h� street- n,4a-)�-be- Grp -to lg -feet wide
83 GR he -rigt# af- way.-A4andscape- stye# -ret- less - thane -feet n-- wwidtt- -- shalt -be
84 located -between --aqy- village -- sidewalk - and -tthe- perpendicular -- paved -area- #or-any
85 portion -af -the paved-afea4bat sloes -n t- asnnect- over✓- any- 6idewalk-- to- a- drlv-eway
86 OR the pr,,pe #)
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5 A-ci lar dr+ve--- up-te- tern -- feet - wide -ma-be apprGved for leca#ien in the
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swalelparkwayGA -lant sape--strip- of- r49t-less- than- 4wc- feet-4R- width hie
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4asated befweeR aRy--village-- sidewalk- -and - the rir lar— d4ve_en -4-he
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swalelpa -rkway- anti -a-- land -srape- island- of- not4ess4 af�two4eet-width -&hafl--be
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provided-- betwean-- tkhe4eadway -edge-- af- pavternent and -t4e- inside -edge -af4he
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sirsrlar�':a�idewa4k e# aetrere tl�ara tkee fast -ira wicltia�ay be located
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iR the Fequi and& rapedip- to- soRpest- circuta ivewa-y- orrpark,ing -area
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w+ h- the- village-&idewal""ropert-"idewa € jest t$ tie i a+tafi r�s- f
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Sestio�5�� {fib -for paved areas
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6Brivewa}� fJaresashall net e�cseedve feet -ira -width
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7. Trees--are e"o be Femoved- o- pave --in- the `par- kwaylswat °eor rseiy
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distur- be4- asa-r4&suit -of- the- insta-4atien ef- paverment--
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8 -1 ���,ieir r -0 tvvs 1 feet shade 4�ees -nl� Ist- be-preseRt-- p,4.he- parkwayFswale
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fGr -eaeh-7-5-feet -of rogtage-in -er- der t - pave - - any- pooien�f4he-park_waylswa-ie-
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The adjei -Rng roperty- owner - r pasing-to- -pave- a- pertien of -tire- .par -kwayl&wale
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shall ^'arlt S'_1"fisient- s4ade- trees - apps `^ved -4 ;-4-he-pudlia- woFk -s4,G- meet -t-he
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n4R irn-um- requirement-
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9. A covenant for the maintenance of the parkway /swale area must be completed
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and signed by the adjoining property owner who is the applicant for a public
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works permit. A covenant available-- fr-orn- the- building- depa,rtmeat shall be signed
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by the such owner of the adjoining property in consideration of the approval of
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a public works building permit to construct in the swale /parkway. The covenant
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signed by the adjoining property owner shall at a minimum confirm the o
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responsibility of such adjoining propertv owner for maintenance of the
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swale /parkway, liability and removal or relocation of the driveway in the right -
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of -way if required by the village.
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Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 4. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 5. This Ordinance shall become effective immediately upon adoption on
second reading.
Passed on first reading this 3rd day of October, 2017.
Passed and adopted on second reading this 7th day of November,
ATTEST_
Ysabel jg.u, CM
Village Clerk
TI JM1 dIM2�?0 -10
Richard Sarafan
Village Attorney