2024-152024-15
Page 2 of 4
WHEREAS, there is an urgent need to amend the Zoning Code to establish
development standards that ensure new construction and substantial additions to existing
single-family homes the Residential (R) zoning districts are compatible with the Village's
scale and overall aesthetic; and
WHEREAS, the Village desires to invoke the zoning in progress or pending
ordinance doctrine, as referenced in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2nd
DCA 1980), with respect to the Zoning Code, thereby deferring the acceptance,
processing, and approval of applications on properties located in the Residential (R)
zoning districts for the development of (1) new single-family homes; and (2) additions to
existing single family homes in excess of 50% square footage for a period of 60 days, or
until the Village Council adopts on second reading the amendments under review and
such amendments become effective, whichever occurs earlier unless relief is sought and
provided as set forth herein; and
WHEREAS, the Village further determines that this Resolution will not apply to any
application that was filed on or before June 4, 2024; and
WHEREAS, after having conducted a duly noticed public hearing, the Village
Council finds that this Resolution is in the best interest and welfare of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above recitals are true and correct
and incorporated herein by this reference.
Section 2.
Page 3 of 4
Invocation of Zoning in Progress. The Village Council adopts this
Resolution and invokes the zoning in progress or pending ordinance doctrine, thereby
deferring the acceptance, processing, and approval of all applications on properties
located in the Residential (R) zoning districts for (1) new single-family homes; and (2)
additions to existing single-family homes in excess of 50% square footage, filed on or
after June 5, 2024. This deferral shall last for 60 days, or until the Village Council adopts
on second reading the amendments under review and such amendments become
effective, whichever occurs earlier, except as provided below.
Section 3. Relief. Applicants claiming infringement with vested or constitutional
rights, or other justification, may request relief from this Resolution through written request
to and decision by the Village Manager. The Village Manager may grant relief only upon
findings based on competent substantial evidence that such infringement will in fact
occur, or has in fact occurred, or other justification supporting relief therefrom, and the
public health, safety and welfare are not adversely impacted by allowing such applications
to be accepted and processed. Such request shall be an administrative remedy and
condition precedent to all judicial relief sought arising from this Resolution. Appeals from
a decision of the Village Manager under this Resolution to the Village Council may be
filed using the process set forth in Section 800 for appeals from the planning and zoning
board to Council. The Village shall retain complete administrative, quasi-judicial or
legislative discretion, whichever is applicable, in whether to approve or deny any
application so filed.
Section 4. Authorization. The appropriate Village officials are authorized to
take any necessary action to effectuate the intent of this Resolution.
Section 5.
Page 4 of 4
Conflicts. All Sections or parts of Sections of the Code of
Ordinances, all Ordinances or parts of Ordinances, and all Resolutions, or parts of
Resolutions, in conflict with this Resolution are repealed to the extent of such conflict.
Section 6. Effective Date. This Resolution shall be effective immediately upon
passage by the Village Council.
PASSED AND ADOPTED on the 4th day of June, 2024.
Attest:
Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
4Q Weiss, Serota, Helfman, Cole+ Bierman, P.L.
Village Attorney