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O-40-36 40 MIAMI SHORES VILLAGE ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A VILLAGE PLANNING BOARD FOR MIAMI SHORES VILLAGE AND PRESCRIBING THE POWERS AND DUTIES OF SUCH BOARD AND VESTING IN SUCH BOARD JURISDICTION OVER ALL NEW SUBDIVISIONS OF RE-SUB- DIVISIONS OF LAND WITHIN THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE, AS ARE NOW.9 OR-dAY HEREAFTER BE ESTAB_ LISHED, AND VESTING IN SUCH�BOARD JURISDICTION OVER THE .ARTISTICj, ARCHITECTURAL AND LANDSCAPE DESIGN., PROGRAM AND GENERAL PLAN OF SAID MIAMI SHORES VILLAGEv AND PRO- VIDING FURTHER THAT THE PROVISIONS OF THIS ORDINANCE SHALL NOT CONFLICT IN ANY WAY WITH THE ZONING ORDINANCE OR LAWS OF SAID VILLAGE, AND FURTHER VESTING AUTHORITY IN SAID BOARD TO ADOPT A GENERAL PLAN FOR THE ERECTION OR REPAIR OF PRIVATE IMPROVEMENTS ON PROPERTY LOCATED WITHIN THE VILLAGE, DESIGNATING THE DUTIES OF THE BUILD- ING INSPECTOR WITH RELATION THERETOj,, AND VESTING IN THE VILLAGE COUNCIL AUTHORITY TO REVERSE THE DECISIONS OF SAID BOARD AND PROVIDING,,FOR THE VILLAGE TO APPROPRIATE OR EXPEND MONEY FOR THE NECESSARY EXPENSES OF SAID BOARDj, AND FURTHER PROVIDING FOR INTERPRETATION OF ALL ZONING LAWS AND ORDINANCES BY SAID BOARD AND. ALLOWING APPEALS THEE FROM TO THE VILLAGE COUNCIL AND OUTLINING 'THE PROCEDURE GOVERNING SAME. BE IT ORDAINED BY MIAMI SHORES VILLAGEO 0 SECTION 1. That there shall be and is hereby created a Village Planning Board for Miami Shores Village. 4*65NPAP —;;" SECTION 2. That such Board shall consist of t'hree members, each &Y .91betng freeholders and residents of the Village, and' especially qualified -,, by proper technical training to be appointed by the Mayor., subject to the approval of the Village Councilo together with the Village Manager as a member ex-officio of. said Board. Said Board at the first regular meeting thereof shall elect a chairmah... and the term of the chairman so elected shall be for one year or until his successor is elected and qualified. The Village Manager shall be secretary of said, Board and shall have custody of all the books and records of the Board, and shall hold office as secretary thereof so long as he shall retain the office of Manager of said Village, and his successor as Village Manager shall thereupon automatically become secretary of said Board, provided that said Village Manager as a member of said Board shall have no vote nor voice in its deliberations and decisions. The resident members so appointed by the Mayor and Village Council as aforesaid, shall serve respectively . one for one year, one for two years, and one for three years, computed from the eleventhday of February, A. D. 1936. There- after members shall be appointed for the term of three years each. Vacancies in said Board cause by removal from the Village, resignation, inability to serve, or otherwise, shall be filled by the Mayor with the approval of. the Village Council only for� the unexpired time of said vacancyp and all members of said Board may be removed at any time by four-fifths vote of the Village Coune" for cause. None of the members of said Board shall receive compensation for their services as such,, but allowance for the actual expenses in connection with the duties performed by said Board may be made and paid from the cont .0gent fund of the Village, subject, however, to approval of the Village Council for any of , such. expenses. SECTION 5.: That the members of the said Board shal� hold their first meeting on the sOccmdWednesday in- February, -,-1956,, and thereafter shall meet at least once a month at the Village Offices, or at such other times and places as they may fix by resolution and special meetings may be called from time to time by the Chairman of said Board. That two members of the said Board shall constitute a quorum for the transaction of business, and said Board shall cause to be kept a proper record of all its proceedings., subject at all times to examination by the Council of the Village and its members, attorney and employees thereof, and said Village - shall furnish said Board the necessary files, stationery and documents as said toard may require in the transaction of business by it and the performance of the duties imposed upon it as hereinbeforb and as hereinafter more fully set forth. SECTION 4. It shall be the duty of said Board to collect data and information and keep itself fully informed as to the best practices and the advancement made generally -in the art of municipal planning so that it may be fully qualified to act 'on matters and things that affect the present� and future movements of traffic, the convenience and safety of persons and property,, the artistic features of all con- struction work, the platting and planting of streets, parks and park- ways, the health, recreation and the general welfare,, and all other needs of the municipality which are dependent upon and related to the Village plan. SECTION 5. It shall be the duty of all members of the Village Council and all Village Departments to render assistance and aid to the Board in the way of information, advice and co-operAtion. It is not intendedo however, nor shall anything in this ordinance operate to supplant., impair or abrogate the power or authority pfany existing departments already existing and operating under the Village Charter and ordinances of the Village, except .that matters coming within the purview of the Board shall be referred to that body to the end that there shall be a proper correlation of thought and the furtherance of comprehensive planning for all betterments carried out by the Village. SECTION 6. It--shall be within the powers of the Board to make plans and maps of the whole or any portion of the municipality or any land outside the municipality- which,, in the opinion, of the Board.. bears a relation to the planning of the municipality and to make such changes in such plans or maps as and when the said Board deems the same advisable. Such plans and maps shall show the Board' s recommendation for any kreets., alleyss , ways,, viaducts, bridges, subways, railroads, terminals., transit liness parkways, parks, playgrounds, or any other public grounds or public improvements, and the removal, relocation, widening or extension of such public work then existing. ' The Board shall have authority to recommend provisions for the preservationand care of historical land- marks, control in the manner provided by ordinance the design and lo- catio n of statutory and other works and objects Wart, which are or may become the property of the Villages and the removal relocation and altera- tion of such works belonging' to the Village., and the design and location of harbors., bridgess viaducts., street fixtures and other public struc- tures and appurtenances, and generally exercise supervision over the artisticP architectural., landscape and general design.. program and plan of construction and improvementsp private and public,. in and by Miami Shores Village. SECTION 7. That whenever the Village Council shall have adopted a Village plan recommended by the Board., no public building., streets.. alleys, ways, viaducts, bridges, subwayss railroadss terminalss transit lines, parkways, parks, play grounds, or any other public ground or public improvement or part thereof, shall be constructed until and unless the location thereof shall be approved by the Board, provided, however, that in case of its disapproval it shall communicate its reasons therefor to -the Villag'e Council.. and thereupon by a four-fifths vote of the Village Council, it shall have the power of overruling such disapproval. The wideningo narrowing.9 ornamentation., vacancies or change in the u1se '. . of streets and other public ways, public grounds or other public improve- ments appearing on the adopted plan shall be subject to similar approval by the Board, and such approval by the Board may be overruled only by the Village Council by not less than a four-fifths vote thereof. The Board may make recommendations to any public authorities or to any corporations or individuals in the Village, or in the territory conti- guous thereto concerning the -relocation of any buildings., structures or works to be erected, or constructed by them, upon proper application to the Board by any of such corporations, public authorities or indivi- duals as aforesaid. SECTION 8. All plans, plats, maps, plots or replots of lands laid out in building lots, streets, alleys, or other portion- of the same intended to be, dedicated to the public use or for the use of pur- chasers or owners of lots fronting on or adjoining and located within the corporate limits of the Village,' shall be submitted to the Board for approval, providedo however, that in case of its disapproval the Board shall communicate its reasons for such disappr'oval to the Village Council, and thereupon., by a four-fifths vote of the Village Council, the Council shall have the power of overruling such disapproval, SECTION 9. The Board shall have the power- to control., appoint or employ architectso engineers and other professional service and to appoint such clerksp draftsmen and other subordinantes as it may deem necessary for the performance of its functions and duties, and the expenditures for such service and employment, subject, however, to express affirmance and consent .of such employment by the Village Council by a four-fifths vote thereof,, and subject further to the proper appropriation of moneys therefor by said Village Council., and in no event shall the Board incur any indebtedness which would bind the Village for payment of the same without a four-fifths vote by the Village Council duly authorizing ,the incurrence of such expense.. SECTION 10. The Board thkll make an annual report to the Village Council -on or before July first of each and every year hereaft6r, giving full report and resume of its work during the preceding year, and in such report the Board shall make recommendations to the Village Council for such improvements 'and for such acts as in -its judgment., should be undertaken. SECTION 11. The provi-sions of this ordinance shall not in any manner abrogate any provision of the zoning law ordinance of the Village., or any other laws or ordinances heretofore enacted by 'the Village con- cerning the use of property located within said Village, all of such laws and ordinances as aforesaid shall remain in full force and effect, anything herein to the contrary notwithstanding., and that the provisions hereof shall be cumulative of said zoning laws and ordinances of said Village and said Board shall have the authority, and it shall be its duty to enforce theprovisions of said zoning laws and ordinances as herein- after -�prov�ded. SECTION 12. It shall be the duty .of -the Board and it shall have full authority to adopt a general plan for the Village concerning the use of land therein for private purposes, and the location of private improve- Mf'p!!�e ey Ve 14 nts thereon, and said Board shall have .full authority to specify the terms and conditions for the granting or withholding of any permit for the erection of any private building within the Village. Upon adoption of such general plan as aforesaid, the building inspector in issuing permits for the erection of any private build idg or the repair, addition or .altera- tion thereof, shall fully comply w�,�h the termsp conditions and provisions as may be adopted by paid Board, and said building inspector shall be governed by the decision and interprdaticp of said Boatdo provided, however, that said general plan as aforesaid shall not become effective until the same shall have been approved by a four-fifths vote of the Village Council, and prior to the adoption of any such general plan as aforesaid all permits for the erection, repair, alteration or addition of or to any private build- ing within said Village presented to the building inspector upon which there may be any doubt as to the compliance or noncompliance with the general zoning laws and ordinances of the Village, it shall be the duty of said building inspector and he shall apply to said Board for its ruling and decision on the same., and said decision and ruling of said Board shall be final, provide d, however, the said building inspector shall have the right to appeal said ruling and decision of said Board to the Village Council and said Council shall have authority to either sustain the ruling and decision of said Board by a majority vote t hereof, or to reverse the ruling and decision of said Board by a four-fifths vote of said Council. SECTION 15. In the formation and the adoption_i�. of� the general plan concerning the use of land-within the Village for 'private purposes as provided in the foregoing section hereof, the Board may be guided by, and said plan may be in substanti al compliance with, the zoning laws and ordinances of the Village, provided, however., the said plan in its entirety shall not conflict therewith but be cumulative thereofp and it shall be the duty of the Board to construe each and every provision of said zoning laws as aforesaid., or any plan or plans which may be adopted as provided for herein.. when called upon to do so by the Village Build- ing Inspector, or by any owners of real property within the Village. ' their agents, attorneys, or employees., or by any member of the Village Council or Village Attorney, and such construction of the same shall be binding upon all parties concerned,, including the owner or owners of the property under consideration,, and the Village Building Inspector. SECTION 14. The Board shall give a full hearing to all parties as aforesaid., and when necessary shall cause the testimony adduced before it, reduced to writing, provided the cost thereof shall have first been guaranteed by a deposit sufficient to cover the same by the party or parties applying for a decision or construction of either of said general plans as herein provided or any matter pertaining thereto, including the -zoning laws and ordinances of the Village., except upon application by the Village, its employees or officers for such decision or construction as ,aforesaid, the cost of the taking and transcribing of any testimony by said Board and the payment thereof, shall first be authorized by the Council by four-fifths vote thereof, except the Board may in certain cases within its discretion meet, hear and decide matters properly coming before it ex parte, but in all events the Board shall place its decision in writing and keep a permanent record thereof., and in all appeals from its ruling to the Village Council., shall furnish within the time prescribed for consideration of such appeal, its written . decision and all other papers and documents in connection therewith that it may deem necessary to the Council to insure full consideration thereof by said Council. SECTION 15. Any adverse decision of the Board as aforesaid, may be appealed to the Village Council within ten days after written notice of such decision has been. served upon the interested party or parties by the Board, including the Village Building Inspector, through the mails or otherwise; said appeal to be. in written form, a copy of which shall be furnished to and served upon the Board at least five day's prior to the time for consideration thereof by the Village Council, and such decision or construction by said Board may only be reversed, modi- fied or overruled by said Council by a four-fifths vote thereof, and all such matters so appealed to the Council shall have precedence and priority over other business coming before the Council and failure of the Council to act upon any such appeal within twenty days after the same has been submitted to it,, shall be and coifstitute an affirmance of the decision of the Board, and the, subject matter of the appeal shall thereupon forthwith revert to the exclusive jurisdiction of the Board, and all papers and documents in connection therewith shall be immediately transmitted1to said Board, and the Village Clerk�� shall thereupon note the disposition of the same upon the records of the Village, and the final action of said Board thereon shall be conclusive and binding upon every person interested therein and all property affected thereby. SECTION 16. In no event shall any cost be incurred in the handling of any matter by said Board through appeal, or otherwise, with- out the same having first been authorized by a four-fifths vote of the Council. SECTION 17. Each Word,, phrasep sentence or section of this ordinance shall be severable and the invalidity of any word, phrase., 717��i Wr C lapair-,.ttw otbAr Or. or MOO Loa lway, or, dog4-0- part arts ther --for ,.tho -pro ic mWarojo 1 if w a wid prop4q, tho M�XMIONIIIO�6, This eMlpoiwo- �Obiili,- if f"UTO- imm"iitiwly apon .t-ta pas" day of I aid A 0 ]Do� I*W a, jj� J -�j W lk a ,---k�?�4