O-2024-061
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ORDINANCE NO. 2024-06
AN ORDINANCE OF THE MIAMI SHORES VILLAGE,
FLORIDA, AMENDING THE VILLAGE’S CODE OF
ORDINANCES BY AMENDING CHAPTER 6, “BUILDINGS
AND BUILDING REGULATIONS,” ARTICLE I, “IN
GENERAL,” SECTION 6-4, “PERMITS—APPLICATION
GENERALLY” TO UPDATE REGULATIONS TO
CONFORM WITH THE FLORIDA BUILDING CODE
REQUIREMENTS FOR PERMITTING AND REMOVE
OBSOLETE PROVISIONS RELATED TO SOLAR
PHOTOVOLTAIC SYSTEMS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.13
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WHEREAS, the Village Council of Miami Shores Village, Florida (the “Village”) 15
finds it periodically necessary to amend its Code of Ordinances (the “Village Code”) in 16
order to update regulations and procedures to implement municipal goals and objectives; 17
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WHEREAS,the existing building regulations references the value of construction 19
work, including a $100 threshold for requiring permits; and20
WHEREAS,the existing building regulations also include provisions regarding the 21
elimination of village permit fees for residential solar photovoltaic systems, which have 22
become obsolete; and23
WHEREAS, the Village Council desires to amend Chapter 6, “Buildings And 24
Building Regulations,” to update regulations to conform with the Florida Building Code by 25
removing the value threshold for requiring permits and removing obsolete provisions 26
regarding residential solar photovoltaic systems; and27
WHEREAS, the Village Council finds and declares that the adoption of this 28
Ordinance is appropriate, and in the public interest of this community.29
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI 30
SHORES VILLAGE, FLORIDA:31
Section 1. Recitals Adopted.Each of the above-stated recitals are hereby 32
adopted, confirmed and incorporated herein. 33
Section 2. Amendment To The Village Code.That Chapter 6, “Buildings and 34
Building Regulations,” Section 6-4.— Permits Application Generally” of the Village Code 35
of Ordinances is hereby amended as follows:36
Chapter 6 - BUILDINGS AND BUILDING REGULATIONS37
ARTICLE I. - IN GENERAL38
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Sec. 6-4. - Permits—Application generally. 40
(a)Required.No person shall erect or construct or proceed with the erection or41
construction of any building or structure, nor add to, enlarge, move, improve, alter, 42
convert, extend or demolish any building or structure, or any group of buildings and/or 43
structures under one or joint ownership whether on one or more lots or tracts of land,;44
or cause the same to be done where the cost of the work is $100.00 or more in value; 45
and on any remodeling or alteration job of any value; without first obtaining a permit 46
therefor from the building department, except no permit shall be required to paint a 47
single family residence. and notwithstanding anything to the contrary herein, no village 48
permit fees shall be charged in connection with permits for residential solar photovoltaic 49
systems. The provisions of this subsection which eliminate the village permit fees for 50
residential solar photovoltaic systems, and only those provisions, shall sunset, expire 51
and stand repealed on December 31, 2022 (after which date fees shall be charged in 52
accordance with the remainder of this chapter for permits for residential solar 53
photovoltaic systems), unless such provisions are reviewed and saved from repeal 54
through reenactment by the village council.55
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Section 3. Conflicting Provision. Any provisions of the Code of Ordinances of 58
Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are hereby 59
repealed, but only to the extent of such conflict.60
Section 4. Severability. That the provisions of this Ordinance are declared to 61
be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for 62
any reason, be held to be invalid or unconstitutional, such decision shall not affect the 63
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but 64
they shall remain in effect, it being the legislative intent that this Ordinance shall stand 65
notwithstanding the invalidity of any part.66
Section 5. Codification. That it is the intention of the Village Council and it is 67
hereby ordained that the provisions of this Ordinance shall become and be made a part 68
of the Code of Ordinances of the Miami Shores Village, Florida, that the sections of this 69
Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the 70
word “Ordinance” shall be changed to “Section,” or other appropriate word.71
Section 6. Effective Date. That this Ordinance shall become effective 72
immediately upon adoption on second reading.73
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PASSED and ADOPTED this 1st day of October, 2024. 75
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77 First Reading: September 17, 2024
Second Reading: October 1, 202478
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Attest:81
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Ysabely Rodriguez, CMC George Burch DVM85
Village Clerk Mayor86
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY:90
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Weiss, Serota, Helfman, Cole + Bierman, P.L. 94
Village Attorney95
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FINAL VOTES AT ADOPTION
Council Member Neil Cantor Council
Member Jerome Charles
Council Member Sandra Harris
Vice Mayor Jesse Valinsky
Mayor George Burch Yes
Yes
Yes
Yes
Yes