O-2019-091
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ORDINANCE NO. 2019 -09
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA, RELATING TO ZONING, APPENDIX "A ",
AMENDING ARTICLE V, DIVISION 4, "AREA REGULATIONS ",
SECTION 516, "STRUCTURES CONSTITUTING ACCESSORY
BUILDINGS "; PROVIDING FOR CONFLICTS, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on May 7, 2013, the Miami Shores Village Council adopted
Ordinance 700 -13, which established supplementary regulations, as part of the Village's
Land Development Code; and
WHEREAS, the Village Zoning Code is vague when dealing with mechanical
equipment setbacks for residential properties; and
WHEREAS, the Village Council now seeks to provide clarity for property owners
to locate mechanical equipment on residentially zoned properties, and to reduce or
mitigate negative effects on adjacent property owners; and
NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Section 516 (7) of the Zoning Appendix of the Village Code shall be
amended as follows:
(7) Air conditioning units, and mechanical equipment (includi'ng pool iQump and
generators). GFd mounted a+F enritiOning 1n , +nn meGhaRinnl eq einme4n#
4irsluesl pS In the R and PRO districts shall be setback a minimum of ten
feet from the side plot line, five feet from the rear plot line, and shall not be located in
the front yard less than twenty -five feet from the front property line. fFen+ of the
rcc•i a Air conditioning units, and mechanical equipment (including pool pumps
and generators), are not permitted in the frORt yard first twenty -five feet from the front
property line within any land use district. Proposals which would place mechanical
equipment in the front yard more than twenty- five -feet from the front property line
shall require Planning Board approval. Existing air conditioning units, and mechanical
equipment (including pool pumps and generators), that were previously permitted and
installed within the required yards may be replaced in their current location
Section 1. Conflicting Provisions. The provisions of the Code of Ordinances of
Miami Shores Village, Florida and all ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed but only to the extent of such
conflict.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any
reason, be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sentences, sections, clauses or phrases of the Ordinance, but they
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1 shall remain in effect it being the legislative intent that this Ordinance shall stand
2 notwithstanding the invalidity of any part.
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4 Section 3. Codification. It is the intention of the Village Council and it is hereby
5 ordained that the provisions of this Ordinance shall become and be made part of the
6 Zoning Appendix to the Code of Ordinances of the Miami Shores Village, Florida, that
7 sections of this Ordinance may be renumbered or re- lettered to accomplish such
8 intentions, and that the word "Ordinance" shall be changed to "Section" or other
9 appropriate word.
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11 Section 4. Effective Date. This ordinance shall take effect immediately after
12 enactment, on second reading.
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14 PASSED and ENACTED this 3rd day of December, 2019.
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17 First Reading: November 5, 2019
18 Second Reading: December 3, 2019
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Absent
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Yes
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.
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Yes
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...
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'30 AFP.ROVED AS TO FORM AND LEGAL SUFFICIENCY:
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35 Richard Sarafan
36 Village Attorney
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38
r�-
1 Wagar, Mayor
FINAL VOTES AT ADOPTION
Council Member Sean Brady
Absent
Council Member Stephen Loffredo
Yes
Council Member Jonathan Meltz
Yes
Vice -Mayor Alice Burch
Yes
Mayor Crystal Wagar
Yes
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