O-2025-05EXHIBIT 2 – Proposed Ordinance
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ORDINANCE NO. 2025-05
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, AMENDING THE
VILLAGE’S CODE OF ORDINANCES BY AMENDING
SECTION 1002, “NOTICE OF PUBLIC HEARING,” TO
AMEND NOTICE REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE. 10
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WHEREAS, the Village Council of Miami Shores Village, Florida (the “Village”) 12
finds it periodically necessary to amend its Code of Ordinances (the “Village Code”) in 13
order to update regulations and procedures to implement municipal goals and objectives; 14
and 15
WHEREAS, the Village Council wishes to amend Appendix “A,” “Zoning,” Article 16
X, Section 1002, “Notice of Public Hearing,” to provide notice requirements for certain 17
public hearings; and 18
WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, 19
reviewed the Ordinance, and voted to recommend approval of the Ordinance by a 3-0 20
vote; and 21
WHEREAS, the Village Council has reviewed the Ordinance at a duly noticed 22
public hearing in accordance with law and determined that it is consistent with the Village 23
Comprehensive Plan. 24
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND VILLAGE 25
COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS:1 26
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Section 1. Recitals Adopted. That each of the above stated recitals is hereby 28
confirmed, adopted, and incorporated herein and made a part hereof by reference. 29
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with double strikethrough and double underline.
EXHIBIT 2 – Proposed Ordinance
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Section 2. Amendment to the Village Code. That Appendix A, “Zoning” of the 30
Village Code of Ordinances is hereby amended as follows: 31
Appendix A – Zoning 32
*** 33
ARTICLE X. – AMENDMENTS 34
*** 35
Sec. 1002. - Notice of public hearing. 36
The planning and zoning board shall set a time for a public hearing on any proposed 37
amendment initiated as provided in Section 1001 and shall give such notice thereof as 38
may be prescribed in the rules of the board. If the proposed amendment consists of a 39
change in the boundaries of any district, such notice shall consist of sending by U.S. 40
Mail notices of the proposed amendment and of the hearing to all owners of land 41
comprised within the proposed change and of all land within a distance of 500 feet from 42
the exterior boundaries thereof, as the addresses of such owners are shown on the 43
latest tax assessment roll for the village. 44
(1) Applicability. In every case where a public hearing is required pursuant to the45
zoning code, village staff shall provide a notice of public hearing in the manner set out in 46
this section. 47
(2) Publication. For the purposes of this section, “Publication” or “publish” means to48
publish a legal notice in accordance with Florida Statutes, Chapter 50. Publication may 49
be achieved by one of the following: publication in a newspaper, on a publicly accessible 50
website as detailed in Chapter 50, Florida Statutes, or in any other manner so authorized 51
by Florida Statutes, Miami-Dade County, or any other relevant authority. 52
The notice requirements, as specified above, for applications shall be as follows: 53
a. Noticing Requirements.54
i.Notice shall be published at least once, no fewer than ten (10) twenty (20) days55
prior to the date of any required public hearing, unless otherwise specified in56
this section. The notice of hearing shall state the date, time, and place of the57
meeting; the titles of the proposed development orders, ordinances or58
resolutions or a description of the substance of the matter being considered;59
and the place within the village where the proposed ordinances or other60
EXHIBIT 2 – Proposed Ordinance
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materials may be inspected by the public. The notice shall also state that 61
interested parties may appear at the meeting and be heard with respect to the 62
matter. 63
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ii.A copy of the notice shall be available for public inspection at village hall during65
the regular business hours of the village.66
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iii.Failure to provide advertised notice as set forth in this section shall not affect68
any action or proceedings taken under this section, unless such notice is69
required by Florida Statutes. Further, minor errors in form or content that do not70
materially affect the notice’s purpose shall not invalidate any action taken under71
this section.72
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b. Noticing Requirements for Specific Applications.74
Application Published
Comprehensive Plan Amendment Section 163.3184, F.S., as may be
amended.
Zoning Code Amendment or Moratorium Section 166.041, F.S., as may be
amended.
Moratorium – Village Section 166.041, F.S., as may be
amended.
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(3) Posting property.76
a.Property being considered at a public hearing shall display a sign (“posting”) on77
the property at least ten (10) twenty (20) days prior to the public hearing to provide 78
public notice. The posting shall have a face surface of at least five hundred 79
seventy-six (576) square inches, feature dark lettering, with a light background, 80
and shall contain the following: 81
[NAME OF DECISION-MAKING BODY]
NOTICE OF PUBLIC HEARING
PHONE: _____
HEARING DATE: _____
HEARING TIME: _____
HEARING NO.: _____
ACTION REQUESTED: _____
ADDRESS: _____
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The posting shall be erected in full view of the public on each street side of the 83
subject property. For parcels with street frontages exceeding 300 linear feet, one 84
sign shall be erected for every 300 feet of frontage, evenly spaced along the 85
property line to ensure adequate public notice. 86
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b. The posting shall be located within the boundaries of the subject property and88
visible from the street.89
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c.The height of such posting shall be erected to project not more than seven (7) feet91
above the surface of the ground.92
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d.In all applicant-initiated applications, the applicant shall be responsible for the94
posting as required by this subsection (3). The applicant shall also provide proof95
of posting by submitting a photograph to the planning, zoning, and resiliency96
department.97
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e.Failure to post specific property shall not affect any action or proceeding taken99
under the provisions of the zoning code. Further, minor errors in form or content100
that do not materially affect the notice’s purpose shall not invalidate any action101
taken under this section.102
(4) Mailed notices.103
a.General Requirements.104
(i)A notice of public hearing affecting the applications specified in this subsection105
(4), shall include the date, time, place of the hearing, property location and general 106
nature of the application, shall be mailed in accordance with this subsection (4). 107
The notification requirements included in this subsection shall be measured in feet 108
from the perimeter boundaries of the subject property. Such notice shall be given 109
at least fourteen (14) thirty (30) thirty days prior to the date of the planning and 110
zoning board public hearing and again at least fourteen (14) thirty (30) days prior to 111
the date of the village council adoption public hearing, unless specified otherwise 112
herein. 113
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(ii)In all applicant-initiated applications, the applicant shall bear the cost of mailing115
written notices, in accordance with this subsection (4). The applicant shall also 116
provide the village with an affidavit, in a form approved by the village attorney, listing 117
the addresses to which the notices were sent. 118
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(iii)Failure to mail, where required by the zoning code, or receive notice shall not 120
affect any action or proceeding taken under the zoning code. 121
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b.Courtesy notices. The planning, zoning and resiliency department may require that123
an additional area receive a courtesy notice on any application. Courtesy notices124
may be mailed at least fourteen (14) thirty (30) prior to the date of a public hearing. 125
The department may also require courtesy notices on applications that are not 126
typically required to be so noticed, if it is determined that such notice is desirable. 127
In all applicant-initiated applications, the applicant shall bear the cost of mailing 128
written notices, in accordance with this subsection (4) and shall provide the village 129
with an affidavit, in a form approved by the village attorney, listing the addresses to 130
which the notices were sent and including a certification of distance. 131
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Application: Mailed Notice to:
Zoning Map Amendment (changes the
actual zoning map designation for a parcel
or parcels of land) – Village
(1)Each real property owner whose land
the village will redesignate by enactment
of the ordinance and whose address is
known by reference to the latest ad
valorem tax records; and
(2) Owners of property within a five
hundred (500) one thousand (1,000)-foot
radius of the subject property
Zoning Map Amendment (changes the
actual zoning map designation for a parcel
or parcels of land) – Applicant
Owners of property within a five hundred
(500)one thousand (1,000)-foot radius of
the subject property.
Future Land Use Map Amendments –
Village.
(1) Notice of amendments to the future
land use map shall be mailed to each
owner of record of the property subject to
the amendment in the current tax rolls; and
(2) Owners of property within a five
hundred (500) one thousand (1,000)-foot
radius of the subject property.
Future Land Use Map Amendments –
Applicant
Owners of property within a five hundred
(500)one thousand (1,000)-foot radius of
the subject property
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Zoning Code Amendment - notice for
ordinances that change the actual list of
permitted, conditional or prohibited uses or
special exceptions within a zoning district.
Owners of property within a zoning district.
Mailed at least fourteen (14) thirty (30)
days prior to the planning and zoning
board public hearing, again at least seven
(7) days prior to the first village council
public hearing and again at least five (5)
days prior to the second village council
adoption hearing.
Site Plan – Single Family Home:
(1)Construction of new single-family
homes.
(2)Partial demolition and rebuilding of at
least 50 percent of the square footage of
a single-family home.
(3) An addition of at least 50 percent of
the square footage of the existing single-
family home.
The abutting single-family property
owners and single-family property owners
parallel to the subject property line across
any right-of-way.
Owners of property within a one thousand
(1,000)-foot radius of the subject property
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Section 3. Conflicting Provision. Any provisions of the Code of Ordinances of 134
Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are hereby 135
repealed, but only to the extent of such conflict. 136
Section 4. Severability. That the provisions of this Ordinance are declared to 137
be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for 138
any reason, be held to be invalid or unconstitutional, such decision shall not affect the 139
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but 140
they shall remain in effect, it being the legislative intent that this Ordinance shall stand 141
notwithstanding the invalidity of any part. 142
Section 5. Codification. That it is the intention of the Village Council and it is 143
hereby ordained that the provisions of this Ordinance shall become and be made a part 144
of the Code of Ordinances of the Miami Shores Village, Florida, that the sections of this 145
17 June
June 3
June 17
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FINAL VOTES AT ADOPTION
Council Member George Burch DVM
Council Member Patrick Devaney
Council Member Jesse Valinsky
Vice-Mayor Neil Cantor
Mayor Jerome Charles
Yes
Yes
Yes
Yes
Yes