O-223-51 ..........
ORDINANCE NO. 223
AN ORDINANCE AMENDING ORDINANCE NO. 92 WHICH
IS THE ZONING ORDINANCE OF MIAMI SHORES VILLAGE,
BY AMENDING ARTICLE XV THEREOF.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. From and after the passage of this ordinance, Article
XV of Ordinance No. 92, which is the Zoning Ordinance of Miami Shores Village,
shall read as follows:
ARTICLE XV.
CHANGES AND AMENDMENTS
1. No change in any existing or future use of property
shall hereafter be made unless a petition therefor shall first
be presented to. and acted upon by the Planning Board of Miami
Shores Village.
2. Every such petition shall be in duplicate and be veri-
fied by the owner or his agent and shall set forth:
(a) A description of the property as to which a
change in the zoning ordinance is requested;
(b) The use to which such property may presently
be put,,
(c) The change which the applicant desires to have
made; and
(d) The reasons for such desired change.
3. Upon the filing of such petitions with the Village Clerk,
he shall at once file one copy with the Secretary of the Planning
Board and retain the other for the use of the Village Council.
Thereupon, the Secretary of the Board shall set the petition
down for hearing by the Board at its next regular meeting, provided
that seven clear days intervene between the date of filing and the
date of such next meeting. He shall thereupon notify the appli-
cant of the date set for the hearing. At such meeting the appli-
cant shall be required to submit evidence in the form of affidavits
in support of his petition, failing in which, it shall be denied.
4. As soon as may be after such hearing, the Board
shall make a written report thereof to the Council, which
report shall contain a statement of the petition, the evidence
offered in support thereof, and the findings and recommendations
ofthe Board.
5. The report shall promptly be filed with tke Village
Clerk, who shall without delay notify the applicant thereof.
The Clerk shall bring said report on for consideration by the
Council at its next regular meeting, provided seven clear days
shall intervene between the date of filing and such meeting.
6. At such meeting the Council shall consider said report.
If the recommendation of the Planning Board is that the applica-
tion be denied, the Council may by majority vote confirm the
report. If the recommendation is that the application be granted
and if, in the opinion of the Council, the application is insufficient
in law or in fact, or the evidence offered in support thereof is
insufficient, the Council may by majority vote reject the recommend-
ation of the Board and deny the application. If the recommendation
is that the application be granted, and the Council does not vote
to reject the recommendation of the Board, a public hearing
upon the application and recommendation shall be had as provided
in paragraph 7.
7. If the Council shall fail to reject said recommendation,
as provided for in paragraph 6, the application and the recommend-
ation shall then be set for hearing before a public meeting to be
called on notice by the Clerk as herein provided. Such meeting
shall be held not less than 15 days after the date of the notice,
-2-
and not more than 30 days after the date on which the report
was submitted to the Council. The notice shall state the time,
place and purpose of such meeting and shall be published in
a newspaper in general circulation in Miami Shores Village
not less than 15 days before the meeting. The Clerk shall
also use reasonable diligence to give due publicity to such
meeting, but his actions in this respect shall not affect the
disposition which the Council shall subsequently make of the
application.
8. If a majority of the persons voting at said meeting
shall vote against granting the application, the said applica-
tion shall be denied unless four-fifths of the Council shall vote
to grant the application.
Section 2. In all other respects said Ordinance No. 92 shall remain
in full force and effect.
Section 3. This ordinance shall take effect immediately upon its
passage.
PASSED AND ADOPTED this 4th - day of September, 1951.
ATTEST:
Village Manag*r and Cl(erk
-3-