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O-2018-09I ORDINANCE NO. 2018 -09 2 3 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES 4 VILLAGE, FLORIDA, RELATING TO ZONING; APENDIX "A ", 5 AMENDING ARTICLE IV, "ESTABLISHMENT OF REGULATIONS ", 6 SECTION 402, "COMPLIANCE WITH CUBAGE RESTRICTIONS "; 7 REGULATING SUBDIVISION OF RESIDENTIAL LOTS; PROVIDING 8 FOR CONFLICT, CODIFICATION, SEVERABILITY AND AN 9 EFFECTIVE DATE. 10 i 1 WHEREAS, on May 7, 2013, the Village Council adopted Ordinance 700 -13, 12 which established the regulations of the Village's Land Development Code (LDC); and 13 14 WHEREAS, that Land Development Code does specifically define the minimum 15 parameters which would allow for the subdivision of parcels within the Village; and 16 17 WHEREAS, the Village Council now seeks to provide clarity on those issues; 18 19 NOW, THEREFORE, BE IT ENACTED by the Mayor and Village Council of 20 Miami Shores Village, Florida, as follows: 21 22 Section 1. Section 402 of the Zoning Appendix to the Miami Shores Village 23 Code of Ordinances, shall be amended as follows: 24 25 Sec. 402. - Compliance with cubage restrictions, and subdivision minimums. 26 (1) No building shall hereafter be erected nor shall any existing building be moved, 27 altered, added to or enlarged except in conformity to the requirements as to 28 minimum cubage of buildings and type of construction set forth in the aforesaid 29 schedule for the district in which such building is located. 30 (2) No parcels of land zoned residential shall be subdivided unless the newl 31 created lot has a minimum area of 12,500 square feet this calculation shall not 32 take into consideration the lands located outside of the property lines to the 33 centerline of the street and has 85 feet of primary, front yard, street frontage 34 (side and rear yards shall not taunt toward the required minimum street 35 frontage). 36 37 38 Section 2. Conflicting Provisions. Any provisions of the Code of Ordinances of 39 Miami Shores Village, Florida in conflict with the provisions of this ordinance are hereby 40 repealed. 41 42 Section 3. Severability. The provisions of this Ordinance are declared to be 43 severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any 44 reason, be held to be invalid or unconstitutional, such decision shall not affect the validity 45 of the remaining sentences, sections, clauses or phrases of the Ordinance, but they 46 shall remain in effect it being the legislative intent that this Ordinance shall stand 47 notwithstanding the invalidity of any part. 48 Page 1 of 2 Additions shown by underlinine and deletions shown by Wig. I Section 3. Codification. It is the intention of the Village Council and it is hereby 2 ordained the provisions of this Ordinance shall become and be made part of the Code of 3 Ordinances of the Miami Shores Village, Florida, that sections of this Ordinance may be 4 renumbered or re- lettered to accomplish such intentions, and that the word "Ordinance" 5 shall be changed to "Section" or other appropriate word. 6 7 Section 4. Effective Date. This ordinance shall take effect immediately upon 8 enactment after second reading. 9 10 PASSED and ENACTED this 1st day of May, 2018. 11 12 13 14 15' `" ' •. 16 I8 Ys 19 - MC H' lage l 20 21 22 APPROVED AS TO FORM: 23 25+� rat... 26 '"Richard Sarafan 27 Village Attorney 28 29 FAFffA am Glinn, Mayor Page 2of2 Additions shown by underlinine and deletions shown by Wig.