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O-52-37 MIAMI SHORESVILLAGE ORDINAkCE' NO._6*.2. AN ORDINANCE ADOPTING A UNIFORM PLAN FOR THE SAFE AND HARMONIOUS DEVELOPMENT OF MIAMI SHORES VILLAGEy ESTABLISHING BUILDING ZONES AND REGULATING THE NATURE AND CONSTRUCTION OF BUILDINGS WITH REFERENCE MERGENCY TO �EMIST. THER 0; AND DECLARING AN F WHERM,, Miami Shores Village and the principal siADdivi- sions and: tracts of land therein have existed and developed., and are continuing to develop.,, primarily and almost entirely as a piet sub,41 urban commmity., inhabited and supported by owners of homes and residential property of ,a high degree of improvements., and with ca4_ fully" planned restrictions in the winiments of title,, and WHEREkS.. the dwellings and other buildings in said Village are of better construcAion and higher cost than the average dwelling; and WHFJMS,, large amounts of money have been expended and are being expended by the owners of homes and other properties in- said Village for the purpose of improving and maintaining them to a high standard, and WHEREAS only a few small businesses exist in said Village, and there is slight if any need for more businesses, or probability that additional businesses can be carried on profitably therein., and by far� tfie greater property values are in such residential propertiesv and WHERUSj the conditions existing at the incorporation, In- eluding the conditions recited in .prior ordinanceo,9 have contInuodlto exist and ,now exist to a more substantial degree then heretofore, snId, WHEREASj, the erection of new dwellings has continued atfa rapidij increasing rate, and now creates an emergency condition, and WHEREAS,, the reasonable protection of existing pr erty , -values Is proper., and requires measures of �the natare ,)*rqin adopt*4 and WHEREA.S., it is necessary and advisable' to guard against . the daAgers from fire and windstorm pr burricane,- and tUt conside *, be given to the hazards of traffic and other modern municipal problems, and WHEREAS,, the Council and the Planning Board have given ex- tended cons�deration to the zoning and building situation in the Village, and to the problems therefrom arising., and WHEREAS., it is necessary and desirable in the interests of the public safety, health, comfort, morals, convenience, peace, prosperity, and the harmonious development and general welfare of the Village and its inhabitants, citizens and property owners, to adopt and maintain a uniform plan for the erection of buildings therein and to adopt this ordinance. BE IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. That a uniform plan for the building and develop- ment of the Village and for the purposes aforesaid, and other lawful 000 purposes,, is hereby adopted as embodied in this ordinance and in the ordinances which it supplements. SECTION 2. That the property within Miami Shores Village is hereby divided into building zones designated as follows: BUILDING ZONE A - Blocks 190 and 191, of Miami Shores Subdivision; the tract bounded by the South line of Block 184, and the North line of Block 183 of Miami Shores Subdivision, and by Biscayne Bay and the East Dixie Highway; �Lots 1 and 2., in Block 83; Lots 1. 2,v 3., 4 and 5. in Block 84; Lots 1 and 2, in Block 85, �f Miami Shores Subdivision; all other property abutting Biscayne Bay being the lots fronting thereon according to the recorded plats, and where not platted, all property abutting on said Bay to a depth of 200 feet from the shore at normal tide, as the shore now exists or may be extended. BUILDING ZONE B - All of Block 189; Lots 3 to 17, inclusive, in Block 83; Lots 6 to 20 inclusive, in 2 W,9-774 5, Block 84; Lots 1 to 18 Ucl:uslve., In-Block 82; Lots 1 "to -16., -inclaidve.,- in 1)loek. al 'lot 10 to 143, Inclusive,, in Mlock 77; Lots 1 to 10,,� inclusives . in ]llmk 74; all -in xiami shores Subdivision— Lots. 15, 16' 17p 183,- 19,9- 20$ 219 22 and '23 iwBlock- 6; LO-ts* lv 2p 33, 4 5- 6 V jo P -9,, in 'Block 5; Lots 15.9 16s, 17.* 18,0 19j, 7,p Os, - 9 20,*. 21j,., 22v and 23 2, in Block 19; Lot's 7p �80 10 llp 12,t 13' 14p 15 ' in Block 90; Lo -Block 3.v 4v So 7p 82 and 92, in 29; Lots �15P 16 v 17,9 18.9 X9,9 20,t 21j,-',22 and 23j, Block 30; Lots 13, 14v 15j 169 -17,1 18.4 19p 20,v 212 23 and 24 in Block 43; Lots 5,, 6 7..8 and 9,, in Block Lots .1., 2,9 51 4,0 5 s 6,* 7s 8p 9p .2 3j, 4,p 102 11 and -1 in Block L6ts 'l 2 5,9 ,6p � 7p 8-' 9,0 102 llv 12*� in, Bl(ick 54; ,Lbts -61; Miami Shores 1 j 2,p Zx S. &adz 630 in Block, :47 Soctfion�­Zj Lots, 3.6p 170 -18 � 10,- and 20# in Block _06,-. Lots 11, . 112,0 13 m,. .14-, ,l 5 p 165 170. 185, 92 In 19 20 Block 99; Lots 112 13s, 14, 15., 16,9 17 and l%- in Block 100 all in Xiamil Shores Subdivision. BUILDING ZONE C All, lots as now platted J frq Ing on the Grand Concourse,,. 6n either sideo ippluding x4e lots in Blocks 26.1 459 46j, 86,9 97p 106.9 104s 103, 962 872, 44,0, 28jo 27., all ,.of B. 4n_ but excolpting Block Aj, 411 iil,�4&mi Shores Sub- Z division. B914DING ZONE D 411 of Blocks 10 2p 30 U3JveqLJU each amd 4,9 excepting Lots 10 to 14 incl- ta. Ot - 16 ]Block Pq -s 16 I .1wLve,, Block 5; L : i to InGlAxive, 31'ftk I. 11lock 21,9" except$4, 77 �Lats 1 to 5 1334 �Aqtm, Ok J- .,"-1 -7 � -,- q- 1 to- 5 inclusive; Block.&_23 and_24p except- Ing Lots 1 to 5 Inclusive., in each Blocki Block 25., excepting Lots 10 to 14 inclusive; J Block 26,, excepting loats -5 to 100 inclusive; Block 45,, 'excepting,.,Lots 6 to 11 inclusive; Block 460 excepting Lots 12 to 16., inclusive; , Block 53 excepting Lots 1 to 12 inclusive; -Block 99 2 inclusive; excepting Lots 11 to 2 Block 100., excepting Lots 11 to 18., inclusive; Blocks, 47 to 62 Inclusive; Blocks 98,0 101 end C; Lotw'21 to 27 inclasiVes Block.86; Lots 13 to 22 inclusivep Block 97; Lots 6 to 9 inclu- siveq �ock, 105; Lots 12 to 22 inclusive,, BlocXlOE; Lots 11 to 13 inclusive., Block 69-; Block 680_exeopting Lotis 10: to '20 'lusive; Rlook1 ,76,p exesvting Lot a 11 tO-15 -inclusive; -5 to 15 inclusive; Block 74j, exc' ept'Ing Lots: Block 78* excepting lots 5 to 10 Inclusive; Block 80jp exoeptin& Lots 5 to PRO inclusive; Blockw' 171 to 188 inclusive; Block 77,, except- - inclusive; Block 760 except- ing Lots 10 to 14 in& Lots 1 to 10 inclusive; Block 79; Block 81 except Ing Lots 1 to 16 inclusivej Lots 21 to 35 inclusive,, Block 84; Block 82., except- Ing Lots 1 and 2j, all' the foregoing being in Was' Shores Subdivisionj Blocks 1,p 2 and 3 :qf Bolvodere Pawk; all"ptop9rty mot above- deseribed wast, of Biscayne- Boul-evard.and frqA*izs north 04. the south side .of Northeast Ninety-fifth Street- to a depth of. two himdred- (gOO) feet southerly all property pat above des- f rom said Street., 4 A arlw'.fronting oft ,lorth"st, Tonth. Avenue and 44" Us ft 6 Lots ot Pizi ligb*ay' sa, oitbor 22 3s . and 4# in Blo6k. 63; Lots 2 '5 4 and 52 it Block 65; Lots 2 to 6 inclusives in Block 64; Northwest 200�feet of Block 66' Miami Shores Subdivision; the West 330 feet o -Lot As, less Federal. Higbway of resubdivision ko of- Obvermiment, LO*. 4p Sections 5. and :6., Townthi' p 53. -South Miami Shores ftbdivi-r Range 42 last, Sion. NVILDIXG ZONE K Lots 5ito 12,P in c sive si**.*- Block,�-28; Lots la # and 18 to 24 iAclu 16. to 24 iwlusive,, Block�-29; Lot.s. 10 t 13,ln-ow. usive Block "s, all,.4a Miami Shores Subdiv- - slon. BUILDING ZONE F All pro erty in the _p - incl uded- in Bu Iding, Zone A., T11;*ge not i B -9s, Gs.,Rs, I. or J,, excepting the property in Use Zone 4,9 as defined in Ordinance Number -11 32. � as amended by Ordinance, liumber BUILDING ZONE G -- All subdivision of- . Beverly Glen,, except Lots 8 to 11 inclusive; Blooks 109 to 122 inclusives . 6f Miami Shores -� Subdivisio;L; Block, 123s except,,Lots ,10 , too,-14 incluolve.; exceptLots ,10 t lCin- "elusive; Block- 11PLexcept Lots 10 to 14 In- clust 4`_ Block 1�0x0ev-V ots 10' to- 14 Z'� �4. Cl Block 9 - except Lots 10 to 14��',ftiblu- sive; B104 'es Oxcok t Toots-10 to l4s inclusive; Block 7., ex*opt, TAfts 10 ,tb ,14 inelusiveo- Lots 1 to 91inclusives Blett. 6eLots 15 to 24, Block. 54; All of- Blocks 55 56.,' 57,v 58, 60; Lots, T to 10 inclusive, Block 61;,. Loto 10 to 20 inclusive., BIQA 68;, Lots 11 to, 16p incliwimes _Block 75; ' S7j Lot, A-1_: Lots j 24' inalUSIVOp 2140k G*- z*ll In MliWi Shor," Sibdivision- Blocks i *Ad 2'. Plar,&,- Federal; Lots 1 to 19 incluslve,, AsbUry #A*t Blocks 18 to 23 .1aclusive,, El Pbrtal Secti,60. 4; Lots 24 to- 27 inclusive, -Block 2 North Shore Crest;. Lots 24 to 52 inclusive., Block 3,, North' Shore Crest; that part of SWJ of SWJ of Section 32j, Township .59 South., Range , 42 East, lying North of Biscayne Drainage' Canal; that portion of land lying .North of Bi-scayse Drainage Canal* East ni Of, at of,Section 32p Township .52 South: Range 42 East and extending to. Biscayne Bay BUILDING ZONE H - All lats fronting. on either side ofKiami Avenae., viz: 1 such lots in the ftbdivision of Miami Shores Beverly 4 Hamilton Terrace, Navarro,, and all other property, unplatted fronting on either side- of Miami Aveilue to a depth of one hundred and twenty-five (125) feet ther ' oa;. that -part of Sit of azi of efr e 41- Eastj Section 36,p Tavmshlp 52 Southj, RL Stre lying North of One Hundred and, Fifth et; - Pasadena Park, Blocks 11 to 16 in'clasive., of First Addition. WILDING ZONE I All lots and proparty,, .� " whether or not platteds West of the lots and unplatted property fronting East oil Miami Ave=0 I ingLZone IN and and previously- included in Build all, property .in the Village abutting on and North" ttij west of one hundred and fifth Street,, and abu of on or West Xorth6ast ffeemad Averziejw_ except that property included in Building Zone H* BUIpin ZONE.. j . property, Where vix 4, 14""-" a 4 L .,.-; &A R; in Use Zone 4. or in special exceptions from Use or Building Zones. SECTION 3. No building or structure designed for business shall be erected., nor shallany. building or structure be used., for a business or commercial purpose within the limits of Building Zone H. or other residential Use Zone or Building Zone, without special applica- tion to and permit from the Village Planning Board, or upon appeal from the Planning Board by the Village Council. SECTION 4. All buildings hereafter erected in Miami Shores Village shall be carefully planned and designed, and constructed of such materials and sizes, and in such locations, and in such manner, as not to endanger but to protect the safety., health.. comfort., 'peace and welfare of the inhabitants and property owners in the Village., and the members of the public who may come into or pass through the Village, and so as not to, impair iw-necessarily existing or future property values in the Village,, and so as to conform to and promotethe harmonious development of the Village with particular reference to the safety, health, comfort, and the protection of the citizens and protection of property values in the Village; and no permit for the erection of any building in the Village shall be granted unless the plans and specifications for the same comply with the foregoing requirements as set fortb in this section. SECTION 5. Compliance with the following standards and requirements shall be deemed compliance. with this ordinance., such compliance to commence with the submission of complete plans and speci- fications prepared by a licensed architect, to wit: All buildings shall be of standard masonry construction, with non-combustible roof., excepting that area South of Ninety-fifth Street and North of Ninety-second Street, and East of Biscayne Boule- vard., frame or frame and masonry dwellings of standard approved con- struction and we" designed may be erected, provided the foregoing shall notbe construed as frame and stucco.� construction., which is hereby expressly prohibited. Such buildings may be erected elsewhere in areas - 7 - where permitted by deeds or other muniments of title# with the approval of the -Planning Board or upon appeal, from the Planning Board by the Village Council., 41 A single family dwelling may be erected on a lot having not less than seventy-five (75) feet frontage on a platted street or avenuej and not less than one hundred (,100) feet of depth,, but that business buildings may be erected on lots having fifty (50) feet of frontage in zones where business buildings are permitted by ordinance, Apartments or multiple family dwellings may be ereeted-)6n lots fronting on Biscayne Boulevard South of Ninety-second Street not designated for park areasp or on Northeast Second Avenue between Ninety. Fifth Street and Ninety-ninth Street, and elsewhere with the approval of the Planning Board or by the Council on appeal, Dwellings containing not less than the following cubic con.. tentss inclusive of attached garages# servants quarters and enclosed porches may be erected and are declared to comply with the foregoing requirements without special permits except buildings of less than twenty thousand (200000) cubic feets the attached garage shall not be larger than regular one car garage: In Building Zone A Buildings of 35,9000 cubic � feet In Building Zone B Buildings of 25j,000 cubic feet In Building Zone C Buildings of 230000 cubic feet In Building Zone D Buildings of 20sOOO cubic feet In Building Zone R Buildings of l7s5OO cubic feet In Building Zone F Buildings of 160500 cubic feet In Building Zone, G - Buildings of 15.9000 cubic feet In Building Zone H - Buildings of 139000 cubic feet In Building Zone I - Buildings of l2pOOO cubic feet In Building Zone J - Business Building8s, The method of ascertaining . the cubic footage as herein provided shall be on gabled buildings, the same shall be cubed form the top of the footing which in no event shall be more than six inches below thefinished grade to a point half way between the Plate and ridge of said buildings and on buildings having flat roofs the same method shall prevails except the same shall be cubed to the highest point of said.roof. 8 SECTION 6. Dwellings which by the plans and specifications will not comply with the foregoing requirements., and any buildings for a business or commercial use, shall not be erected and no permit there- for shall be granted, without special application to the Council or if the Council requires, first to the Planning Board, and then to the Council in order that the Council may have the benefit of arecommendation from the Planning Board. SECTION 7. In administering this and other zoning ordi- nances due regard shall be had for the rights and desires of individual property owners as well as for the interests and welfare of the majority of the citizens and property owners of the Village. Any person or property owner may petition the Planning Board and shall be duly heard, and the Council, after such hearing., and such further hearing if any,, as may be proper, may relax or make exceptions to the operation of this ordinance or other zoning and regulatory ordinances in cases of unusual individual hardship or other peculiar circumstances,, provided due cause and the absence of acquiescence or estoppel ,be found to exist. SECTION 8. The descriptions of land herein are made and identified by reference to the subdivisions and lands as shown on the official map of the Village heretofore adopted by the Council and men- tioned in the Acts of the Legislature relating to the Village and refer- ence is hereby made to said map, and to the Plats of Public Record in- dicated thereon. SECTION 9. All parts of ordinances, if any., inconsistent with this ordinance, are repealed to the extent of such inconsistency, but not otherwise, and all persons desiring to erect buildings in the Village shall comply with the provisions of the Building Code and other ordinances insofar as not inconsistent with this ordinance, except that in no event shall anything herein contained be construed to repeal or modify in anywise Miami Shores Village Ordinance No. 28, entitled: "An Ordinance Adopting the Building Restrictions of Each and Every the Subdivisions Located Within Miami Shores Village as a Part of the Zoning Ordinances and Laws of Said Village With Certain Exceptions and Providing for Violation of Same and Penalties Therefor and Vesting in A the Village Building Inspector Certain Discretionary Powers." SECTION, 10. Any person who shall violate., or who shall aid, abet or advise and counsel the violation of any provision of this ordinance., or who shall erect or use or permit to be erected or used on property in his or her ownership, or control, any building or structure not conforming to the requirements of this ordinance. sball upon conviction be punished by a fine of not exceeding Five hundred dollars ($500.00) or by imprisonment on the streets or other works of the Village for a period not exceeding thirty (30) days, or by both fine and imprisonment; and each day that work be done on such building or that the same be used in violation of this ordinance, shall consti- tute a separate offense. SECTION 11. Each and every section, paragraph.. sentence, clause., phrase and word herein is severable from the remainder hereof., and the. invalidity of any part hereof or the failure of any part of this ordinance to operate, or to be given effect as applied to any person, property or circumstances, shall in no manner or degree impair or effect the validity of the remainder of this ordinance, or the effectiveness and operation of the remainder or of the entire ordinance as applied to a different person, property or circumstance. SECTION 12. That an emergency exists and the council deems it in the interest of the public peace, health, safety and general welfare that this ordinance become effective immediately upon passage by a four-fifths vote, and it shall become effective upon such vote. UNANIMOUSLY passed and adopted this day of January,, A. D.-O 1937. ATTEST: Mayor. Village Clerk & Manager.