O-011-32 MIA SHORES VILLAGE ORDIXANCE No.-L/—.
AN OlDnuvesZONING ME VILLAGE AS TO USES OP LAND
AND WILDINGS ANY BEATING TO INTERPIRE ON AND
ZffORCEMWT OF THE ORDIRANCE.
WHEREDASs it is desirable and In the interest of the public safetyl
health, comfort, moralsp convenience, peace, prosperity and general welfare
of the Village and its inhabitants to zone the Village as to uses of real
propertys and the Village has lawful power so to dog and
WHERUS9 Miami Shores Village, and the principal parts thereof
before its incorporation were plannedp exiett and are developings primarily
and to an extraordinary degree as a smalls qaietp suburbanj residential
communityg and
WHERM, only a few small- businesses exist in the Village and
there is slightt if any, need for more businesses, or probability that ad-
ditional business can be carried on profitably, and by far the chief property
values in the Village are In-residential property,
BE IT ORDAINW by Miami Shores Village:
Section 1. Scale of Use Zones. Until further action by the
Councilp Miami -Shores Village Is divided into zones established and classi-
fled by permitted uses of lands and buildings therein according to a des-
cending scale of principal permitted usest from the highest to the lowest use,
as hereinafter set forth and numbered by zones.
Section 2. Unlawful uses. It shall be unlawful hereafter
An the Village to ereat any building or other structure designed or intended
for, or to use any land or premises for, any use not In conformitywith the
regulations hdrein proscribed for the respective zones hereby established)
in which such building, land or premises are or may be locatedp except as
herein otherwise provided. A conforming use is defined as a use in con-
formity and harmony with the regulations in this ordinance and a noncon-
forming use is defined as a use not in conformity with or contrary to such
regulations.
Section 3. Zones. All zones shall be bounded on the north and
south by the north and south boundaries of the Village respectively.
3.1 Zone I shall be bounded on the east by the eastern
boundary of the Village and on the west as follows:
Begin on the south boundary of the Village on the
easterly or southeasterly line of Northeast Pifth Court ( or Lee Ter-
race); thence northeasterly along the easterly or southeasterly line
thereof to the south line of Northeast Eighty Ninth Street ( or Orchard
Drive); thence east along said south line to the west line of North-
east Sixth Avenue; thence northerly along said west line to the
easterly or southeasterly line of east Railroad Avenue, ( or the old
County road); thence northerly or northeasterly along said easterly or
southeasterly line of east WlroadjAve=e and the same producled north
to the north boundary of the Village;
and the conforming uses therein shall be Residence A usesp to-wit:
PA-1 Single family dwelling
Rk-2 Public park without recreational apparatus or amase-
meat devices.
RL-3 Private park or garden
RA-4 Non-commercial greenhouse or nursery
RL-5 Non-commercial boathouse or landing.
No business� commercial or industrial use, nor any commercial billboard$ shall be
permitted.
3.2 Zone 2 shall be bounded on the east by the west line
of Zone 1 and on the west as follows:
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Begin on the south Village boundary and on the east or south-
easterly line of West Railroad Avenue (' or Alameda Street); thence run
northerly or northeasterly along said east or southeasterly line to the
east line of Northeast Sixth Avenue; thence north along the east line of
Northeast Sixth Avenue to the north boundary of the Village;
and the conform1n uses therein shall be Public Usess to-wit:
P-1 Public parks and play grounds ( primarily for adalts
with or without recreationaVand amusement apparatus
and devices.
P-2 Athletic end social clubs not primarily for profit.
P-3 Community center.
P-4 Swimming pool
P-5 Museum
P-6 Town Hall
P-7 Police Station
P-8 Railroad Station
No businessp commercial or industrial neep nor any commercial billboard shall be
permitted.
3a.3 Zone 3 shall be bounded onthe east by the west boundary
of Zone 2 ond on the west by the east line of Northwest Pirst Avenue, and the
same produced., except that Zone 3 shall comprise no territory hereinafter des-
cribed to constitute Zone 4, and�the conforming uses in Zone 3 shall be Resi-
dence B uses, to-wit:
ED-1 Oburch
EB-2 school
RB-3 Library
RB-4 Sorority and fraternity houses
FM-5 Other buildings for educational or religious purposes;
children's playgrounds.
No business, commercial or Industrial usep nor any commercial billboazd, Siball
be permitted,
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3.4 Zone 4 shall comprise the territory bounded on the
north by the south line of Northeast Ninety Ninth Street; on the east
by the west lines of Lots 6 and 18 in Blocks 32, 31 and 30 respectively
and by the west lines of lots 6 and 19 in Block 29, all in Mimi Shores, a
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subdivision per plat book 109 pages 36 amod 39 of the public records of
Dade County, Florida; on the south by the north line of Northeast Ninety
Fifth Street and on the west by the east line of Northeast First Avenue and
the conforming uses therein shall be Retail Business uses, to-wit:
SY-1 Drug store, drygoo& store3, millinery,
haberdasheryp sundry store, tobacco store#
grocery) bakery,, butcher shop, confectionery,
theatre.
SGI-2 Sales office.
$U-3 Dry cleaning, dyeing or repair station for collection
and distribution of clothing.
80-4 Any retail or selling, collecting or distribbting
bu.siness otherwise lawful.
.No wholesale or jobbing house or businessp factory; garages metal or wood-
working plant, laundry, second hand dealer, junk shopp dry cleaningp pressing
or dyeing plantt industrial use, nor any business or use generating or emanat-
ing gasp noxious odorsp unusual noise, smoke or fume shall be permitted and no
commercial billboard shall be permitted, but an advertising sign not exceed-
ing fifty square feet in area is permitted in connection with a permanent
business, subject to other building and licensing regulations.
3.5 Zone 5 shall comprise the territory west of Zone 3 and
the conforming uses therein shall be industrial and commercial, to-wit:
1-1 Water supply and other utility plants.
1-2 Commercial greenhouse or garden
r-3 Dog Track
1-4 Any industrial or commercial use otherwise lawful.
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Section 4. Higher uses. Land md buildings in one of Zones 2 to 5
inclusive, may be used for any -use which would be a conforming or accessory
nee in a zone of higher uses according to the scale in Section 3 above set
forth.
Section 5 Accessory use . 5.1 An accessory use customerily in-
cident to conforming uses in the respective zones Is permitted, provided the�
accessory use be upon the sane lot asy or on a lot contiguous top the lot
of the principal building or use to which it is accessory, and provided that
in Zones 11 2 and 3 a private garage as an accessory use shall not provide
storage for more than one motor vehicle for each 3000 square feet, or major
fraction thereof, and in Zones 4 and 51 shall. not provide storage for more
than one motor vehicle for each 1500 square feet, of the lot or lots used
for both principal and accessory usesp and except that apartment and hotel
garages may be sufficient in sizel for the number of families or tenants per-
mitted for the principal conforminguse. In no zone shall mechan ical power
in excess of five horsepower be permitted as an accessory use*
5.2 A billboard, signboard or advertising sign shall in
no case be permitted as an accessory uses except in zones 4 and 5j, to the ex-
tent otherwise permitteds provided that an ordinary 0 for saleu or "for rent"
sign not exceeding five square feet in area is permitted as an accessory use.
5-#3 No stores trade) factory or other business shall be
permitted as an accessory use in Zones 11 2 and 3, except that the office of
a physician, surgeon, dentists musician or of an attorney may be located in
the idwelling used by the person of such occupation as his private residence
and except that a person carrying on a customary home occupation my do so
in a dwelling or apartment used by him as his private residence provided no
persons other than members of his own household are employed in such occupa-
tion, and that no window display or signboard is used to advertise such oc-
cupation.
5.4 Rooms may be rented or table board furnished in
Zone 3 and zones of lower uses provided no window display or signboard is used
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to advertise such use.
Section 6. Nonconforming uses.. A nonconforming use exist-
ing on the effective date of this ordinance may be continueds provideds
that a nonconforming usd in any zone shall not be extended except as may
be authorized hereunder and no building how used for a nonconforming use
shall be hereafter reconstructeds structurally altered, remodeled or
added to for the purpose of devoting the same to any nonconforming uses
nor shall any part of such reconstructions structural alterations re-
modeling, additions or other extensions of any kind to existing buildings
be used for a nonconforming use excepting that ordinary repairs may be
made to keep such buildings in good condition. A nonconforming use may
not be changed unless changed to a higher or more restricted use and if
changed to a conforming use, it may not thereafter be changed JW to my
nonconforming use. A nonconforming uses if changed to a higher or more
restrictred nonconforming use, to-wit, a principal use in a higher zone
as hereinbefore set forth, may not thereafter be changed unless to a
still higher or more restricted use. A use shall be deemed to be changed
if changed from any existing use to any other uses whether or not .specifl-
cally set forth in the establishment of zones and classification of uses
hereinbefore set forth. A nonconforming use shall be deemed to be changed
to a higher or more restricted use if the use to which such nonconforming
use is changed is a use permitted in a zone that in the arrangement of zones
precedes in order the .designation of .the other zone in which the noncon-
forming uses if located there, would be permitted. No building which has
not been customarily used for a usefulJor productive purpose within two
years preceding the effective date of this ordinance shall be used here-
after for any use except a -use permitted by this ordinance in the zone in
which such building is located. If a nonconforming use be substantially
discontinued during any consecutive period of sixty dayss such building
shall not thereafter be used for any except a conforming use permitted in
the particular zone in which it is located.
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Section 7. Prohibited uses. The following uses are prohibited In
all parts of the Village:
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1. Barbecue or barbecue standk
2. Hospital* or veterinary hospitalo
3. Reduction of garbagep refuse, offal or dead animals.
4. Manufacture or storing of explosive or fireworks.
5. Manufacture of cement) lime, gypsum or plaster of paris.
6. Tourist cemp of more than 20 cottages or within 140 feet
of a through highway.
7. Manufacture of chlorine, hydrochloric, nitric or picric
acid.
8.- Smelting of irony coppery tiny zinc, or other oree.
9. Cemetery or burial ground.
10. Distillation of bonesp fat rendering, gluelsoap or fer-
tilizer manufacturing.
11. Stockyard$ or slw2ghter of animals.
12. Tanneries
13. Oil refineries
14. Storing of volatile oil or gasoline.
15. Undertaking, mortuary or funeral homes or establishments.
16. Ambulance businesses.
17. Public pool or billiard parlor.
18. Keeping of cows, pigs or poultry,, Including ducks) geese
and turkeys.
19. Scrap iron or junk yards.
20. No plank, picket or other wooden fence shall be constructed
hereafter in the Village nor any fence, hedge or structure
at or near corners which would obstruct the view of pedes-
trians or operators of vehicles past or around such cor-
ners,
Section 8. Height of Buildings: No building or other structure
shall be constructed hereafter in Zones 1, 2 or 3 more than- two and one,-hAlf
stories; or thirty-five feet in height, and no building or other structure
shall be constructed in my zone more than four storiesp or fifty (50) feet
in height) excepting aerials) church spirals, steeples and similar appurtenances.
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Section 9, Building lines. No building shall be erected in
,A Zones li -b or 3 less than twenty-five feet from either the front or rear
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lot lines or less than ten feet from any side line, excepting buildings
for any accessory uses.
Section 10. Exceptions in unusual cases. The Village Co-ancil
may establish, determine and interpret the application of the uses end
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regulations herein prescribed and In unusual instances or in case of
great difficultiesp or under circumstances where strict enforament of this
ordinance would result i�unnecessary hardship., the Councils upon ap-
plication, and a hearing., may make exceptions to the operation of this
ordinance, as follows:
10.1 Permit the extension of a building or use into a
more restricted or higher use district immediately adjacent thereto on a
lot lying in two zones, but otherwise not more than fifty (50) feet be-
yond the boundary line of the zone in which such building or use would be
a conforming use.
10,2 Grant in undeveloped parts of the Villages tem-
porary and conditional permits for not more than one year periods, but not
reneweble, for nonconforming structures and usesp provided that anyone
applying for or accepting such a permit shall thereafter be bound by all
provisions of this ordinances and plenary operation thereofp notwithstanding
anything otherwise extsting to the contrary.
Section 11 V'iolgtions and Penalties. The ovmers or the owners A-4�
of any building or premises, or part thereof y or any bsAEUUw&s structure or
other things or,"My use in violation of any provisions of this ordinance, which
shall be erected) constructed, placedp exist or be maintainedp or any ar-
chiteetp builders or contractor who shall assist or be employed in the com-
mission of any such violations and any persons firm or corporation who other-
wise shall violate or maintain any violation of any of the provisions of this
ordinances or who shall fail to comply therewith, or with any requirements
thereof, shall for each and every such violations or noncompliance, be guilty
of an offense against the Village and upon conviction thereof shall be fined
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not more than $500.00, or ImprisoniQt at hard labor on the streets or other
works of the Villagep or atlany lawful place) during not to exceed thirty
(30) days, and each day daring which said violation shall continuep sball con-
stitute a separate offense.
Section 12. Construction 12.1 The provisions hereof shall
be held to be the minimum requirements adopted for the promotion of the
public health, safety, comfort, convenience$ peace, prosperity and general
welfare in the Village.
12.2 The references in this ordinance to streets and
street lines are to the same as used In Chapter 15690, Acts of 1931� in-
corporating the Village and as shown on plat dated Januaryl 1928,, approved
by Rmest Cotton, Director of Public Service) and 0. S. Nichols) City En-
gineer of the City of Miami; Floridaj and on file in the office of the
City of Miami. All lines are to be produced or projected wherever nece ssary
to completely enclose zones indicated.
12.3 This ordinance shall not repeals abrogate, annul
or in any way impair or interfere with any existing provisiony of law or
ordinance previously adopted or issued, relating to the construction or use
of buildings or premises eicept in so far and to the extent only that any
of the same be inconsistent herewith; nor shall this ordinance interfere
withp abrogate or an-n-ul any covenantsi equitable restrictions or other agree-
ments between any parties,, provided that where this ordinance imposes greatbr
restrictions -upon the use or manner or location of construction..,of buildings,
other structures or premies, than are imposed or required by other existing
provisions of law or ordinance, or by contractual�obligatlonsj restrictions
or agreements, the provisions of this ordinance shall control and govern.
12.4 It is the intention of the Cauncil that each
and every provision of this ordinance operate separately in so far as the
samep or any of the same may by law operate and be given effect) to impose
any higher fises, or greater restrictions on buildings or uses of premises
in the Village than now exist and if any section, sub-sections clause)
sentence) phrase or other provision of this ordinance be for any reason
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declared unconstitutional, or invalid, or if the application of any part
thereof; however large or smally to any particular person or circumstancesp
is held to be invalid or inoperative, neither the validity of any of the
remainder of this ordinance, nor the application of such controverted
provisionoior other provision of this ordinance�to other persons or
circumstances; shall in any way or degree be Impaired thereby.
s ordinance shall take effect on publication
ewspaper published in Miami, Plorida, and
qw1ified as a medium for such publications.
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Reim, larly passed sad adopted May-!SLjq 1932.
'-�Ae Mayor of the Tfllage.
As Aftage Manager and Cl k.
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