O-270-56 MIAMI SHORES VILLAGE ORDINANCE NO. 270
AN ORDINANCE ADOPTING A COMPREHEN-
SIVE ZONING PLAN FOR MIAMI SHORES
VILLAGE AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
ARTICLE I
PURPOSES
SECTION 100 This ordinance is adopted pursuant to the provisions of Section 16 of
the Miami Shores Village Charter, being Chapter 26036, Florida Statutes, Special
Acts of 1949, for the protection and promotion of the safety, health, comfort,
morals, convenience, peace, prosperity, appearance, and general welfare of the
Village and its inhabitants, and more specifically for the following purposes:
(a) To protect the distinctive character of Miami Shores
Village that has resulted from(1)the comprehensive basic
planning according to which the Village was first laid out
as an urban community, (2) the application and careful
administration of protective regulations, inthe form both
of private agreements and of municipal ordinances and
requirements imposed pursuant thereto, under whichAhe
development of the Village has been guided since its estab-
lishment, (3) the excellent quality of the private develop-
ment that has taken place in the Village, and of the public
facilities that have been provided for the service of the
people of the Village and of their use of the land thereof,
and (4) the sense of stewardship and the community pride
that have motivated the property owners and residents of
the Village in their improvement and maintenance of
property in the Village;
(b) To assure that future development in the Village will be
in conformity with the foregoing character, with respect to
type, intensity, and the design and appearance of buildings;
(c) To aid in bringing about a proper relationship between
the uses of land in the Village and traffic serving suchuses,
as well as traffic passing through the Village, so as to pro-
tect property values, assure the most satisfactory use of
land, avoid traffic congestion, and protect the public safety
against traffic hazards;
(d) To protect property values and the enjoyment of prop-
erty rights by minimizing and reducing conflicts among
various land uses through the application of regulations de-
signed to assure harmonious relationships among land uses;
(e) To aid Miami Shores Village in the efficient provision
of public facilities and services and the administration there-
of, as the ability to make suchprovision is both facilitated
by orderliness of development in the Village and sustained by
stability and enhancement of the tax base of the Village.
SECTION 101 The regulations set forth herein and applied to the various districts
that are established hereby and are delineated on the zoning map adopted hereby
constitute a comprehensive zoning plan that (a) is made in consideration of the
suitability of the various parts of the Village for particular kinds and intensities
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of land use, taking into account both (1) the existing conditions and potentialities
of land use within the Village itself and (2) the physical situation of the Village
in the metropolitan area of Dade County and its functional. relationships to the
other communities of the metropolitan area, and 1[hat (b) as a result of such con-
sideration, recognizes the predominantly one-family residential character of the
Village, with all other uses of ].and either being incidental and convenient thereto
or, if existing as a result of extraneous factors, being secondary thereto. It is
the intention of this ordinance to preserve and enhance the one-family residential
character of the Village, making provision for such other uses as will contribute
to this end, prohibiting such uses as would be in conflict therewith, and strictly
limiting the intensity and extent of permitted uses the intensification and expan-
sion of which would detract from the predominantly one-family residential
character of the Village, impair property values, or disturb the sense of security
of community character that is an inseparable part of the enjoyment of the owner-
ship of property.
SECTION 1OZ This ordinance may be referred to and cited as the Miami Shores
Village Zoning Ordinance.
ARTICLE II
DEFINITIONS
SECTION-a00 - Certain words and terms used in this ordinance are hereby defined
for the purpose thereof as follows:
SECTION Z01 Words in the present tense include the future; the singular number
includes the plural and the plural the singular; the word "shall" is mandatory
and not directory; the word "building" includes the word "structure"; the word
l'used" includes also "designed, intended, or arranged to be used", and said
words may be used interchangeably; the term "land use" includes also the use
of a buildi�g unless the context indicates otherwise; the word "person" includes
also firm, partnership, or corporation, or any executor, administrator,
assign, or agent of any of the foregoing. The word "Village" means Miami
Shores Village, Florida; the terms "Village Council", "Planning Board",
!Willage Manager", "Building Inspector", or the designation of any other
body or official means the respective body or official of said Village unless
specifically otherwise designated; the word "County" means the County of Dade,
State of Florida.
SECT-ION 202 Accessory building or use:
A building or use that is customarily incidental and subordinate to
the principal use of a plot and is located on the same plot herewith.
SECTION 203 Alley:
Any passage or way open to public travel other than a street as
defined in this ordinance.
SECTION 204 Block:
That property abutting on one side of a street and lying between the
two nearest intersecting or intercepting streets or nearest intersecting or inter-
cepting street and railroad right-of-way, public land, or channel or body of
wate r.
SECTION 205 Building:
Any combination of materials forming any construction, the use of
which requires location on. the ground or attachment to something having loca-
tion on the ground.
SECTION 206 Building cubage:
The area of a building, computed from the dimensions at the exterior
of the walls thereof, multiplied by the height thereof as defined in this ordinance,
including
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(a) porches enclosed with glass or jalousies and with
interiors finished in a manner comparable with that of
the interior of the main part of the building;
(b) one-half of the cubical content of screened porches,
measured at the exterior of the walls of the building or,
where the wall of a porch is not at the exterior of the
building, at the interior wall of such porch;
(c) attached garages to a maximum of 1000 cubic feet; but
excluding
(1) open porches, patios, porte-cocheres, and
similar spaces;
(2) all space in attached garages in excess of 1000
cubic feet;
(3) any space between street grade and finished
first floor level in excess of a vertical height of
two feet eight inches.
SECTION 207 Building height:
vertical distance from the building level (a) to the top of the
- roof in the case of flat roofs or (b) to the mean level between the eaves and the
highest point of the roof in the case of roofs of any other type.
SECTION 208 Building level:
street grade or an elevation of 5-1/2 feet above mean sea level,
whichever is the higher.
SECTION 209 Building, main:
A building in which is conducted the principal. use of a plot.
SECTION 210 Club, private-
The place of assembly of an association, society, or other organi-
zation of a fraternal, social, or civic character, not operated for profit,
including any room or building occupied by a fraternity, sorority, fraternal
lodge, or similar organization, but not including any casino, night club, or
similar establishment.
SECTION Zll Court:
Any exterior space on a plot other than a yard.
SECTION 212 Dwelling-
A building containing dwelling units. The term "one-family dwelling"
or "multi-family dwelling" shall not be deemed to include hotel, motel,
rooming house, or other accommodation used for more or less transient occupancy.
SECTION 213 Dwelling, one-family:
A building containing only one dwelling unit.
SECTION 214 Dwelling, multi-family:
A building or portion thereof containing more than one dwelling unit;
or a group of two or more dwellings of any type occupying a plot in one owner-
ship and having any yard or court in common.
SECTION 215 Dwelling unit-
Living accommodations with cooking facilities for one family.
SECTION 216 Family:
One of more persons living as a single housekeeping unit and con-
sisting of' either:
(a) any number of persons related by blood or marriage, which
group may also include not more than 2 roomers or boarders in
not to exceed one room; or
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(b) not more than 4 persons not related by blood or marriage.
SECTION 217 Garage, repair.
Any place in which repairs are made to motor vehicles other
than minor repairs incidental to the operation of a gasoline station.
SECTION 218 Gasoline Station:
Any place that is used primarily for the retail sale and direct
delivery to motor vehicles of gasoline, lubricating oil, and minor motor
vehicle accessories, but not including the keeping of any vehicles for
rental or the performance of any auto body work, welding, painting, or
other than emergency repairs on any motor vehicle, and not including any
repair work on buses or on trucks of 1-1/Z ton capacity or more.
SECTION 219 Hedge:
A planting of vegetation, with or without openings and regard-
less of width, that constitutes a barrier more than 6 feet in length.
220 Home Occupation:
An occupation not otherwise permitted in the district, which is of
a type customarily conducted entirely within a dwelling and carried on by the
inhabitants thereof, (a) in connection with which occupation there is no dis-
play visible from outside the building, (b) which use is clearly incidental. to
the use of the dwelling for dwelling purposes and does not: change the
character thereof, and (c) in the conducting of which occupation no persons
other than members of the household are engaged. The conducting of an
animal hospital., barbershop, beauty parlor, clinic, hospital, tea room,
or any similar use shall not be deemed to be a home occupation.
SECTION 221 Home professional office:
The office or studio of a physician, surgeon, dentist, lawyer,
engineer, surveyor, or member of a similar learned profession, including
a teacher giving instruction in specific subjects to one pupil at a time,
or an accountant, builder, insurance agent, real estate broker, or other
person engaged in a similar occupation, which office or studio is conducted
within the dwelling in which such person customarily resides but not in an
L'� accessory building, occupies not more than 2016 of the area of one floor
thereof, and does not involve the employment of other than members of the
household of such person.
SECTION 222 Hospital:
Any place for the treatment or other care of human ailments
in which overnight accommodations are provided.
SECTION 223 Hotel:
Any place containing sleeping accommodations in other than
a dwelling as defined in this article. The term "hotel." includes also
motel, motor lodge, tourist home, and any similar establishment.
SECTION 224 Loading unit:
An off-street space available for the loading or unloading of
goods; not less than 12 feet wide, 25 feet long, and 14 feet high, and having
direct usable access to a street or alley, except that where one such load-
ing unit has been provided, any additional loading unit lying alongside, con-
tiguous to, and not separated from such first loading space need not be
wider than 10 feet.
SECTION 225 Masonry construction:
Construction of all exterior walls, and all structural elements
of a building with stone, cement or cement products, brick, or tile, and
the roof thereof with fire-resisting or non-combustible material, except that
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(a) door and window spaces may be trimmed in any material;
(b) an open porch., so long as it remains un.enclosed, may
be framed in wood construction of a structural, strength not
less than that required for comparable parts of the remainder
of the building;
(c) a carport, every part of which is situated to the rear of
the building and between the prolongations of the side lines
thereof, may be of other than the foregoing construction,
provided that all parts of such carport, except any fabric
covering, shall be of a structural strength not less than that
required for comparable parts of the main building;
(d) a covered passageway, with sides unenclosed, between a
main building and an. accessory building may be constructed
of other than the materials first listed above,
SECTION 226 Non-conforming building or use:
A building or use that does not con-form to the regulations pre-
scribed in this ordinance for the district in which it is located but which
was lawfully in existence at the time of the adoption of the regulations to
which it does not conform.
SECTION 227 Parking lot.,.
An area of land used exclusively for the standing of motor
vehicles other than as an accessory use.
SECTION 2Z8 Parking unit:
An off-street space (a) available for the parking of one motor
vehicle, (b) having a width of not less than 9 feet and a length of not less
than 20 feet, exclusive of passageways and driveways appurtenant thereto
--a4�d-gi,ving access thereto, and (c) having direct usable access to a street
or alley.
SECTION 229 Plot.
A parcel of land, not necessarily coinciding with a lot or lots
shown on a map of record, which is occupied or to be occupied by a building
and, if any, its accessory buildings, or by a group of buildings having any
yard or court in. common and, if any, the buildings accessory to such group,
together with the open spaces appurtenant to such building or group, and
which parcel has frontage on a platted street.
SECTION 230 Plot area:
The total area of the normally dry land of a plot within the
boundary lines thereof.
SECTION 231 Plot, corner:
A plot bounded on two or more sides by contiguous street lines
having an interior angle of 135 degrees or less.
SECTION 232 Plot depth-
The mean distance from the front street line of a plot to its
rear line.
SECTION Z33 Plot, interi.or:
Any plot other than a corner plot.
SECTION 234 Plot, through:
A plot bounded by two or more non-contiguous street lines.
SECTION 235 Plot width:
The least dimension of a plot at a distance from the front
street line thereof specified in this ordinance as the required minimum
depth of a front yard in the district in which such plot is located.,
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SECTION 236 Room count,
e number of rooms in a dwelling unit, counting as a room
any floor space of 40 or more square feet in area that is enclosed by
partitions or walls having doors or other openings for access, but not in-
cluding bathrooms or kitchens or any space not included in computing
building cubage.
SECTION 237 School, private,
A school, college, or other educational institution not opera-
ted by a public agency, which gives regular instruction for at least 5
days a week for a normal school year, but not including (a) a school. or
other institution giving special or limited instruction, such as a business,
art, music, or dancing school.; or (b) a school or other institution for
mental defectives.
SECTION Z38 School, public-
A school, college, or other educational institution operated by
a public agency.
SECTION 239 Sign..
Any device for visual communication, including illumination
of such device or illumination by itself, that is used for the purpose of
bringing the subject thereof to the attention, of the public outside a building,.
Signs shall be deemed to be of the following classes.
(a) incidental signs: signs incidental and appurtenant to a
use conducted on the same plot;
(b) advertising signs: all other signs than incidental signs.
SECTION 240 Sign area.
The area within the shortest line that can be drawn around
the outside perimeter of the face of a sign, including all decoration and
illumination, but excluding supports, if any. Sign area shall include the
area of all faces of a sign except a second face that is at an angle of less
than ZO degrees with the first face. Neon tubing that is used to outline a
building or part thereof or any other object shall be deemed to have a
sign area equal to the length of such tubing multiplied by one-half foot.
SECTION Z41 Story:
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that the
topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above.
SECTION 242 Street:
A public thoroughfare, however designated, that affords the
principal means of access to abutting land.
SECTION 243 Street grade:
The level of the surface of the pavement, top of curb, or
surface of cement sidewalk, as established by the Viliage, whichever
is the highest.
SECTION 244 Street line-
Any exterior line bounding a street.
SECTION 245 Structural alteration: ,
Any change in the supporting members of a building.
SECTION Z46 Swimming pool-
Swimming pools shall be deemed to be of the following
classes:
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(a) Accessory. a swimming pool located on the same plot
with a dwelling, incidental and appurtenant to the use
thereof, and not open to the general public;
(b) Commercial: any swimming pool, other than a public
swimming pool, that is open to the general public;
(c) Public: a swimming pool operated by any public agency.
SECTION 247 Use-
The specific purpose for which land or a building is designed,
arranged, or intended to be or for which it is occupied or maintained.
Any private driveway giving any access to any use shall be deemed to be
a part thereof whether located on the same plot or not. The term "permitted
use" shall not be deemed to include any non-conforming use.
SECTION 248 Yard:
An open space of uniform width or depth on the same plot with
a building or a group of buildings, which open space lies between the
building or group of buildings and the nearest plot line and is unoccupied
and unobstructed from the ground upward except for certain features
specified in Article V. If the chord of the arc of a curved plot line lies
within the plot, the measurement of a yard shall be taken from the nearest
point of the building or group of buildings to a line parallel. to the chord and
lying midway between the chord and a line parallel thereto and tangent to
the arc of the chord. Unless otherwise specified, the terms "yard",
"front yard", "rear yard", and "side yard" shall mean such yards as are
required by this ordinance.
SECTION 249 Yard, front-
A yard extending across the full width of the plot and lying
between the front line of the plot and the building or group of buildings.
SECTION 250 Yard, rear:
A yard extending across the full width of the plot and lying
between the rear line of the plot and the building or group of buildings.
SECTION 251 Yard, side:
A yard between a side line of a plot and the building or group
of buildings and extending from the front yard to the rear yard or, in the
absence of either of such yards, to the front or rear plot line, as may be.
ARTICLE III
DISTRICTS AND DISTRICT MAP
SECTION 300 The territory of the Village is hereby divided into the follow-
ing classes of districts:
(a) one-family residential districts (which may be referred
to collectively or severally as "R" districts) of the following classes,
differentiated with respect to required minimum cubage of buildings, as
set forth in this ordinance:
R-35 R-25 R-ZO R-15� 5 R-12. 5
R-30 R-23 R-18. 5 R-15
R-28 R-ZZ. 5 R-17. 5 R-14. 25
R-z6 R-Zl R-16. 5 R-13
(b) multi-family residential districts (which may be referred
to collectively or severally as "A" districts) of the following classes-
A-1 Multi-family
A-Z Multi-family and hotel
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(c) non-residential. districts of the following classes:
0 Professional offices
B-1 Local business
B-Z Transient business
C Limited commercial
S-1 Special use - college
S-Z Special. use - dog track
P Public use
X SupplemeDtary parking
SECTION 301 The aforesaid districts are hereby established as the designations,
locations, and boundaries thereof are set forth and indicated on. a map entitled
"Zoning Map, Miami Shores Village", which map, properly identified, is
-heTeby adopted as a part of this ordinance, insofar as it indicates said desig-
nations, locations, and boundaries.
SECTION 302 In construing the said map, the following rules shall apply:
1. Where district boundaries are indicated as approximately
following the boundary �ines of streets, alleys, railroads,
public lands or channels or bodies of water, such lines
shall be construed to be such boundaries.
Z. Where such boundaries are indicated so that they approxi-
mately follow the lines of lots or other parcels of record
and are not more than 10 feet distant therefrom, such lot
or parcel lines shall be construed to be such boundaries.
3. If the foregoing rules do not apply, the location of a district
boundary, unless the same is indicated by dimensions shown
on said map, shall be determined by use of the scale appear-
ing thereon.
ARTICLE IV
ESTABLISHMENT OF REGULATIONS
SECTION 400 The schedule entitled "Schedule of Regulations" and properly identi-
fied as a part of this article is hereby adopted and declared to be a part of this
ordinance. The regulations listed in said schedule for each district are hereby
adopted and prescribed for such district, subject to the provisions of Article V,
and, unless otherwise indicated, shall be deemed to be the minimum require-
ments in every instance of their application.
SECTION 401 No building shall hereafter be erected nor shall any existing building
be moved, altered, added to, or enlarged nor shall any land or'building be used
for any purpose other than is included among the uses listed in the aforesaid
schedule as permitted in the district in which such building or land is located
nor in any manner contrary to the requirements specified in said schedule or
otherwise set forth in this ordinance or imposed pursuant to any of said regu-
lations.
SECTION 402 No building shall hereafter be erected nor shall any existing build-
ing be moved, altered, added to, or enlarged except in conformity to the
requirements as to minimum cubage of buildings and type of construction set
forth in the aforesaid schedule for the district in which such building is located.
SECTIO.N 403 No building shall hereafter be erected, reconstructed, or structur-
ally altered to exceed in height the limit designated in said schedule' for the
district in which such building is located.
SECTION 404 No building shall hereafter be erected nor shall any existing
--b—U-17-ding be structurally altered, rebuilt, or moved nor shall any open space
contiguous to any building be encroached on or reduced in any manner except
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in confor.mity to the regulations applying to yards, plot widths and areas,
perccrtage of rear yard occupancy by accessory buildings, off-street parking
space, o`f-street loading space, and other space and area regulations, as the
same are set forth in said schedule or otherwise specified in this ordinance
for the district in which such building or space is located, provided that the
aforesaid minimum plot width and area regulations shall not apply to any plot
having less than the required width or area at the time of the adoption of this
ordinance or of any amendment thereof increasing the width or area required
for such plot and held at that time in separate ownership from that of adjoining
land, but such plot shall not thereafter be reduced in width or area and all
other regulations for the district in which such plot is situated shall apply thereto.
SECTION 405 Off-street parking space and off-street loading space shall be pro-
viezed as specified in said schedule and shall be furnished with necessary and
convenient passageways and driveways appurtenant thereto and giving access
thereto, and none of such space, together with such passageways and drive-
ways, shall thereafter be encroached on or reduced in any manner except as
otherwise provided in Article V.
SECTION 406 No plot area shall be reduced or diminished so that the yards or
other open spaces thereon will be smaller than prescribed by this ordinance.
SECTION 407 Except as designated on any site plan approved under the provisions
of Article VI and except as provided with respect to off-street parking space,
as set forth in said article, no yard or other open space provided contiguous
to any building for the purpose of complying with the provisions of this ordin-
ance shall. be considered as providing a yard or open space for any other
building.
SECTION 408 No yard or other open space provided on one plot for the purpose of
complying with the provisions of this ordinance shall be considered as pro-
viding a yard or open space required on any other plot.
SECTION 409 .. None of the regulations contained in this ordinance shall be deemed
to require any change in the plans, construction or designated use of any build-
ing or in any work on an existing building (a) for which construction or work
a lawful building permit was obtained prior to the adoption of this ordinance or
of any amendment thereof under which such building or work would not be per-
mitted, (b) which construction or work has begun within 60 days after the
obtaining of such permit and was substantially under way (to the extent of the
actual placing of construction materials in their permanent position) at the
time of the adoption of this ordinance or of such amendment, and (c) which con-
struction or work is diligently carried on to completion and is completed within
12 months after the issuance of such permit.
ARTICLE V
SUPPLEMENTARY REGULATIONS
As to Use
SECTION 500 The uses permitted in each district shall be deemed to include alf
uses accessory thereto and located on the same plot therewith.
SECTION 501 No use shall hereafter be established in any district unless the
same is included among the uses permitted in such district as set forth in the
schedule adopted by Article IV, either by specific listing or by the application
of standards specified in this ordinance. For the purpose of clarification, the
following list sets forth uses that are among those that shall not be deemed to
be permitted anywhere in the Village:
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(a) advertising ��j&ns, including the type commonly known as
billboards;
(b) the sale of alcoholic ���ra�-es as the same is defined in
Florida Statutes, 1955, Chapter 561. 01 for consumption on
the premises, except on the premises occupied by a country
club, or in. an S-2 district;
(c) billiard roams, pool halls, and similar places of amusement,
including "I?!!�rjy _arcades",
(d) cemeteries, undertakin establishments, and other places for
the retention, care, or disposal of the remains of deceased
human beings or animals:
(e) commercial swimming.ponlis;
(f) dance halls;
(g) fortune telling, clairvoyance, or any similar activity;
(h) hospitals of any kind, whether for human beings or for animals;
(i) keeping of any kind of livestock, including poultry and fowl,
except domestic pets and except animals kept in pet shops
established in accordance with the provisions of this ordinance;
(j) outdoor amus eme nt devices;
(k) Ltoraa2. or disposal of junl�, rags, or other waste materials,
except as a minor and incidental activity necessary and custom-
ary as an accessory use to a use permitted on the same plot;
(1) tourist camps;
(m) iLse of any of the following as a dwelling of any type- accessory
building, building not designed for residential purposes, house-
boat, temporary building, tent, trailer, or similar building or
object;
(n) ,:,use of other than electrical power in excess of 5 horsepower;
(o) used car lots, except such display and sales of used automobiles
as may be incidental and subordinate to the conducting of a per-
mitted establishment for the sale of new automobiles and located
on the same plot therewith;
(p) y.��rds for contractors' or other construction materials or
equipment;
(q) uses similar to those listed above.
SECTION 502 Every use customarily conducted within a building shall be conducted
within a buildi.Lig enclosed on all sides. It is intended by this provision to pro-
hibit anywhere within the Village (a) the maintaining of an open front building
for any use except an accessory carport or garden structure, and (b) the con-
ducting of any use outside a building except as specifically permitted in this
ordinance, including as a part of the latter such outdoor servicing of motor
vehicles as is customary in the operation of a gasoline station.
SECTION 503 A frame shanty, constructed as approved by the Building Inspector,
may be used for necessary purposes in connection with any construction job when.
located on the same plot therewith and at the rear thereof, unless there is a
physical obstruction to such location. Such shanty shall be removed immediately
on the completion of the job to which it is appurtenant.
SECTION 504 (a) The following signs may be displayed in any district.
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SECTION 504
(a) The __llowing signs may be displaye- n any district:
1. Any flag, notice, or direction displayed by any
governmental agency.
Z. Any normal display of goods in a window of a permitted
business establishment,
3. Any badge or insigne, such as that of a service club, all
parts of which may be contained within a rectangle no
dimension of which exceeds 4 feet.
(b) The following incidental. signs may be displayed in any "R"
district-.
1. Signs identifying permitted home professional offices, not
to exceed 4 inches in one dimension and 18 inches in the
other, in black and white color only and not illuminated,
located only on a building and not protruding beyond the
front thereof, and not exceeding one sign on -any one plot;
0
2. Signs advertising the sale of land or the sale, rental, or
Ln lease of a building, not exceeding 3 square feet in area,
located not less than ZO feet from any street line, and not
z
0 exceeding one sign on any one plot. In. addition, one sign
P not exceeding 3 square feet in area indicating that a build-
L) ing is open for inspection may be displayed thereon at such
W
times that a person in charge of such inspection is actually
on the premises; also one sign not exceeding 3Z square
feet in area may be displayed on a plot on which construction
work is in progress, giving public warning, or displaying
any of the following: name of the contractor, builder, or
architect for the work or the materials used therein; pro-
vided that such sign is located not less than ZO feet from any
street line or at such less distance therefrom as may be
necessitated by physical obstructions, and provided further
that such sign shall be removed immediately on the comple-
tion of the exterior of the building. br on the completion of
any construction work other than that of a building. No sign
permitte d by this paragraph shall be illuminated.
3. Bulletin boards and similar signs of churches, schools, and
clubs not exceeding Z4 square feet in area, located not less
than 10 feet from any street line, and not exceeding one sign
facing each street bounding the plot.
(c) The following incidental signs may be displayed in any "A-I"
district:
1. For uses permitted in "R" districts. such signsas are
permitted in "R" districts.
2. For multi-family dwellings- 4 square inches of sign area
for each one foot of length of the front wall. only of the build-
ing, which sign area may be displayed in a total of not to
exceed two signs on the plot., which signs may face any street
line bounding the plot, but shall! be located only on a building
and not protruding more than 10 inches beyond the front there-
of. The foregoing limitations as to location shall not apply to
any sign that is approved by the Planning Board as a har-
monious part of the architectural design of the building.
(d) The following incidental signs may be displayed in any "A-Z"
district:
1. For uses permitted in "A-I " districts: such signs as are
permitted under the provisions of Paragrap h 1 of subsection
(f) of this section and subject to all limitations specified
therein, except that the aggregate sign area shall not exceed
_11-
2 square feet for each one foot of building wall, measured
as provided in said paragraph.
2. For hotels: such signs as are approved as part of the
approval of a site plan, as provided in Article VI.
(e) The following incidental signs may be displayed in any floll
District:
1. Such signs as are permitted in "R" Districts.
Z. For professional office buildings: as set forth under
Id "Permitted Uses" in the "Schedule of Regulations"
adopted as a part of Article IV.
4�
0 (f) The following incidental signs may be displayed in '1B-1 " or
0 "C" Districts:
U
C) 1. Signs advertising only a use conducted on the same plot,
located only on a building and not protruding more than 10
Z inches beyond the front thereof and not any distance above
0 the roof thereof, not exceedin� in aggregate sign area one
E-4 and one-half square feet in "B-1" or "C" Districts, or three
U
W square feet in any 11B-Z" District (except that signs may
protrude above the roof in a "B-211 District if approved by
the Planning Board), for each one foot of building wall
facing a street line bounding the plot, which total may in-
clude the street frontage of driveways and other open space
on the plot to a maximum of 5016 of the aforesaid building
dimension; provided that the foregoing limitations as to size
shall not apply to notices of current prices displayed inside
the windows of retail stores or to necessary directional
signs, and that the foregoing limitation as to location shall
not apply to any sign that is approved by the Village Council
on recommendation by the Planning Board as a harmonious
part of the architectural design of the building and all other
improvements on the plot.
2. Regardless of the foregoing, signs on a parking lot shall
not
(a) exceed 12 square feet in area for any one sign;
(b) contain any wording or device other than such as is
sufficient to identify the lot;
(c) be illuminated at any time other than during the hours
of operation of such lot or the hours of business or other
operation of the use to which the lot is appurtenant, but in.
no event later than 10:00 P. M. ;
(d) exceed in number one sign adjacent to each street
bounding or most nearly adjacent to the lot.
Each sign on a parking lot shall be subject to approval by
the Planning Board.
(g) The following signs may be displayed in any district other than
those specified in subsections (b) to (f), inclusive, of this section:
1. For uses permitted in "R" Districts: such signs as are
permitted in "R" Districts.
2. For other uses permitted in the district: such signs as may
be necessary for the proper identification of the use to which
they are appurtenant, as determined by the Planning Board
and subject to approval of each sign by the Planning Board
as a harmonious part of the architectural design of all build-
ings and other improvements on the plot.
(h) No sign shall be displayed in any manner that will cause any
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glare when observed from within any "R", "A", or 11011
District nor be equipped or displayed with moving, flashing,
or intermittent illumination.
(i) On a plot contiguous to any "R", "A"n or "0'' District or con-
tiguous to open land that is contiguous to any such district
no sign shall be displayed on the side or rear of any building
so as to face such "R", "A" or ''0" District, except that a
non-illuminated identification sign not exceeding 6 square feet
in area may be displayed on, but not protruding above the roof
of, any building so as to face any accessory parking space
serving such building or any parking lot serving the same and
located contiguous to the plot on which such building is situated.
Any street or alley shall be disregarded in applying the pro-
visions of this paragraph.
As To-Height
SECTION 505 (a) Towers, gables, penthouses, scenery lofts, cupolas, and similar
strx�ctures and (b) water tanks and necessary air conditioning and other mechan-
ical appurtenances, when appropriately screened, may be erected on a building
to a height greater than the limit established for the district in which the building
is located, provided that no such exception shall
I cover at any level more than 1516 of the area of the
roof on which it is located;
2. exceed a height equal to the least distance from such
structure to the line of any plot in an "R", "A", or
"0'' District;
3. be used for sleeping or housekeeping purposes;
4. be used for any commercial purpose other than may
be incidental and subordinate to the permitted use of
the main building.
SECTION 506 The height -limitations of this ordinance shall not apply to (a) chimneys,
chu.rch spires, standpipes, water towers, flag poles, or monuments; (b) trans-
ir.iission towers and cables approved by appropriate public authority; (c) radio
or television antennae or towers that conform to all the following requirements:
1 . are approved by the Civil. Aeronautics Administration of the United States
Department of Commerce, 2. are located only in a rear yard, 3. do not exceed
a height equal to the least distance from such structure to any line of the plot
on which it is located, and 4. are approved by the Village Council.
SECTION 507 No building shall be erected with the bottom of the first floor joists
at a level of less than ZO inches above the building level, as defined in this
ordinance.
SECTION 508 The finished grade of a plot shall be not less than four inches above
street grade.
As To Area
SECTION 509 Canopies, open balconies, pivoted or casement sash, cornices, eaves,
and similar architectural features may project
(a) not more than 48 inches into any front yard when not
less than 8 feet of clear headroom is provided under
such projection;
(b) not more than 36 inches into any side or rear yard when
not less than 7 feet of clear headroom is provided under
such projection.
_13_
SECTION 510 A wing wall at the f ront of a building, designed as an architectural
feature thereof, and not exceeding a height of five feet may project across
the side yard to the side lot line when a gate or access opening of not less
than three feet in width. is provided.
SECTION 511 Chimneys may project not to exceed 24 inches into any side or rear
yard, to a maximum width, at right angles to such projection, of not to exceed
6 feet.
SECTION 51Z Steps, including platforms in connection therewith, not exceeding
tii—e T17-r—st floor level in height, may extend into any yard for a distance not
exceeding 4 feet., and may be provided with railings not exceeding 3 feet in
height above the surface of the steps or platform.
SECTION 513 All buildings shall. be faced toward the normal frontage of the plot
on which situated. Anyone desiring to erect a building facing otherwise shall
file with the Planning Board a site plan showing the proposal. The Planning
Board, act;ng in accordance with the p I rovisions of Article VI, may authorize
such other facing, or such revision thereof as said Board deems to be advisable,
including modification of the yard requirements of this ordinance, subject to
(a) provision on the plot of open space at least equal in
aggregate area to that that would result from the applica-
tion of the specific yard requirements of this ordinance;
(b) a finding that the authorized building location and arrange-
ment will be fully harmonious with its surroundings and
will not have any detrimental effect thereon with respect
to access of light, movement of air, or appearance.
SECTION 514 No accessory building shall be constructed prior to the construction
of the main building to which it is accessory.
SECTION 515 An accessory building located to one side of a plot that is of such
size as to permit the creation of another plot by longitudinal division of such
plot shall be so placed that, in the event of such division and the erection of a
main building on the new plot, such new main building and such accessory building
will be located in full conformity with all the provisions of this ordinance.
SECTIO14 516 Accessory buildings shall be deemed to include the following or any
combination thereof:
(a) private garages, garden tool houses and similar buildings;
(b) children's playhouses;
(c ) pergolas and trellises;
(d) structures for raising plants, subject to approval by the
Planning Board for any such structure exceeding 80 square
feet in area of ground coverage;
but no accessory building shall contain any housekeeping facilities or sleeping
accommodations.
SECTION 517 The part of any plot (except a waterfront plot) that is occupied by a
private swimming pool, or the yard in which the same is located, shall be
enclosed by a fence which
(a) has a minimum height of 4 feet;
(b) otherwise conforms to the provisions of Section 518; and
(c) is approved by the Planning Board in a particular case or
conforms to specifications prescribed by the Board.
SECTION 518 Fences, walls, and hedges may be located within any yard, including
the margining thereof, subject to the following requirements:
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(a) Maximum height- in any required front yard, 3-1/2 feet; in
any required side or rear yard, 5 feet; except that
L Any such feature along a side plot line in an "R", "All
or "0" district that is contiguous to or across an
alley from a Business or Commercial district may
be erected to a height not exceeding 8 feet (1) along
any rear plot line or (2) along any side plot line
rearward from a point 10 feet distant from the front
plot line;
2. No such feature higher than 3-1/2 feet shall be established
or maintained, whether previously existing or not, on any
corner plot within a distance of 20 feet, measured along
plot lines, from the point of intersection of the street
lines bounding the plot.
(b) AI.A. walls or fences in any front yard, including the margining
thereof, shall be constructed either of ornamental masonry
or of ornamental metal, but not including any wire fence.
(c) In any fence, wall., or hedge hereafter established adjacent to a
rear plot line along an alley there shall be provided a clear space
of at least 40 square feet in area along the alley line, available
for the placing of waste materials for removal. Within 3 years
after the adoption of this ordinance a similar space shall be
provided (unless already existing) in any existing fence, wall,
or hedge adjacent to an alley.
SECTION 519 On any plot on which is located a main building used for any non-
residential purpose, which plot adjoins a plot in any "R", "A", or "0" district
(regardless of any intervening alley), there shall be established, along every
plot line that so adjoins, a wall, fence or hedge 5 feet in height that is of a
character approved by the Planning Board in a particular case or conforming to
specificati-ons prescribed by the Board, which wall, fence, or hedge shall be
established as follows-
(a) As a condition of the issuance of a building permit and sub-
sequent certificate of occupancy for any new or reconstructed
building;
(b) Within 3 years after the adoption of this ordinance for any
existing building, subject to such modification of this require-
ment as the Planning Board may find to be necessary on a
finding of the existence of unusual conditions with respect to
the location of such existing building that would affect the
location. of such wall, fence, or hedge.
As To Automobile Parking Space
SECTION 520 All off-street parking space in any district, whether in parking lots
or otherwise, shall be provided with safe and convenient access and shall be
adequately drained.
SECTION 521 Off-street parking space provided in accordance with the provisions
of this ordinance shall be deemed to be required space on the plot on which it
is located and shall not be reduced or encroached upon in any manner except that
(a) required space provided on the same plot as the use to
which it is appurtenant may be relocated on such plot,
subject to all the regulations applying to such space as set
forth in this ordinance;
(b) required space provided on a plot other than the one on
which is located the use to which such space is appurtenant,
as authorized in this ordinance, may be relocated on
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approval by the Planning Board in each case;
(c) required space may be reduced by an amount which the
Planning Board finds is justified (in conformity with, the
regulations prescribed by this ordinance with respect to
the amount of parking space that is required) by reason
of a reduction in the size or a change in the nature of
the use to which such space is appurtenant.
As To Cubage
SECTION 522 On a plot not exceeding 50 feet in width, which plot is situated in an
"R" District in which the required minimum building cubage is more than 20, 000
cubic feet, the Village Council, on recommendation by the Planning Board, may
permit the erection of a dwelling having a cubage of less than that required in
the (listrict.. but not less than ZO, 000 cubic feet.
As to Quality of Buildings
SECTION 5Z3 All buildings shall be generally harmonious in character and
appearance with existing buildings in the neighborhood and shall be appropriate
to their surroundings. In the event that an application is made for a building
permit for the construction of a building, or the performance of work on an
existing building, that, prima facie, would be inharmonious or inappropriate
in the manner indicated above, such permit shall not be issued except on
recommendation by the Planning Board and approval by the Village Council, as
provided in Article VI.
As to Non-Conforming Uses
SECTION 524 Except for non-conforming signs as provided in Section 527, a
building in which a non-conforming use is conducted may be
(a) continued at the extent of occupancy of land and floor
area and intensity of use at which it existed when it
became non-conforming;
(b) kept in repair, provided no structural. alterations are
made that would enlarge the floor area of the building;
(c) altered, but not enlarged, on a finding by the Planning
Board that the alteration will reduce the degree of
disharmony between the building and othe' r buildings
and uses in the neighborhood and will- not materially
prolong the life of the building;
(d) reconstructed, but not enlarged in bulk. or capacity,
within 6 months after damage from any cause to an
extent not exceeding 5010 of the value of the building above
the foundation at the time of the damage; but if damaged
to a greater extent, the building shall not be reconstructed.
SECTION 525 If a non-conforming use ceases for any reason for a period of
six months or more, it shall not thereafter be resumed, and the building in
which such use was conducted shall thereafter be subject to all the regulations
prescribed in. this ordinance for the district in which it is situated.
SECTION 526 A non-conforming use may be charged to another non-conforming
use which, in the opinion of the Planning Board, will be less inharmonious
with the neighborhood.
SECTION 5Z7 Every non-conforming sign shall, within. 3 years after the time that
it becomes non-conforming, (either by the adoption of this ordinance or by any
subsequent amendment thereof) be removed or brought into conformity with the
regulations as to signs that are set forth in Section 504.
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ARTICLE VI
SPECIAL APPROVALS
SECTION 60110. This article sets forth the procedure for and standards applying to
special approvals required in this ordinance, to wit.
(a) approval. by the Village Council as to certain uses
specified in the schedule adopted by Article IV;
(b) approval by the Planning Board as to site plans, as
required in. the aforesaid schedule;
(c) approval. or other determination by the Planning Board as to
building design, display of signs, and other matters, as
required in the aforesaid schedule and elsewhere in this
ordinance.
Neither the Village Council nor the Planning Board shall have juris-
diction to act in any of the aforesaid matters except in accordance with the pro-
cedure prescribed in this article, and any approval otherwise given shall, be of
no effect and any 'huilding permit or certificate of occupancy issued pursuant to
anv such pu:rported approval shall be null and void. None of the foregoing matters
shall be presented to nor considered by either of said bodies except in the form
prescribed herein, including accompaniment by all information required herein
or hereunder.
Village Council Approval
SECTION 601 Every application for approval by the Village Council of a use for
which such approval is required by the provisions of the schedule adopted by
Article IV shall. be presented on a form prescribed by the Village Manager,
giving full details of the proposed use, and shall be accompanied by (a) a plot
plan showing the site of the proposed building or buildings and indicating any
contiguous land owned by or under the control of the applicant and (b) a sketch
of all buildings involved in the application.
SECTION 6,02 The Village Council shall consider the aforesaid application,
gen.erally, in the light of the purposes set forth in Article I and, specifically,
with respect to
(a) traffic resulting from the proposed use in the relation of
its volume to normal traffic in the neighborhood, the
relation of its routes to intersections and routes of
pedestrian traffic, especially that of childrep, and cross-
ing of lines of traffic flow;
(b) intensity of activity of the proposed use in relation to the
existing use and prospective development of property in
the neighborhood, whether in the same district or not;
(c) functional relationship of the proposed use to the existing
use and prospective development of property in the neighbor-
hood, with respect to the most beneficial and appropriate
use of land;
(d) appearance of the proposed building and the development
of the site with respect to the degree of its harmony with
existing and prospective development in the neighborhood,
SECTION 603 If the Village Council concludes that, in its opinion, the proposed use
will be in harmony with the purposes of this ordinance in the respects set forth in
Section 602, it shall approve the proposed use, subject to any conditions that it
deems to be necessary or advisable in furtherance of the aforesaid purposes, in.
connection with which it may require such guarantees as it deems to be necessary
to assure that such conditions will be met.
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Site Plan Approval
SECTION 604 Every site plan presented to the Planining Board shall show the
complete layout of the proposed development of the site, including the following:
(a) locations of all buildings and the front, sides, and rear
elevations thereof, including the location, size, type,
and design of all signs;
(b) locations of all areas to be used for automobile parking
and, in other than "R", "A", and "0" districts, for the
loading and unloading of goods;
(c) locations and widths of all driveways on and giving access
to the site;
1d) locations and nature of all walls, fences, and landscaping;
X
(e) existing and proposed drainage of the site;
(f) such other information as the Planning Board may require
in order to act on such site plan in accordance with the
requirements of this article.
SECTION 605 In acting on. a site plan, the Planning Board shall
(a) require adequate space for automobile parking and for the
loading and unloading of goods, as specified in the schedule
contained in Article IV;
(b) make such requirements as to the location of such space and
driveways giving access thereto and of other vehicular access
to the site as will protect the public safety, and serve the
public convenience;
(c) make such requirements as will assure adequate drain-age
of the site, subject to approval by the South Florida Flood
Control District with respect to any land lying adjacent to
any drainage canal;
(d) make such requirements with respect to the following matters:
1. building design and location, including setbacks if
deemed advisable;
2. the location, size, type, design, and extent of display
of signs;
3. the location and nature of walls and fences;
4. the location, nature, and provision for the maintenance
of landscaping;
as will assure a harmonious relation between the uses to
which the site plan applies and existing and prospective
residential and other development in the vicinity.
Performance Standards for "C" Districts
SECTION 606 The Planning Board shall apply the following standards in acting on
proposed new uses and changes of use in "C" Districts, and such standards shall
govern both the establishment of any use and its continuing operation:
(a) no odor, dust, fumes, gas, smoke, or other atmospheric
pollutant shall be disseminated beyond the boundaries of
the immediate site of the building in which the use is
conducted;
(b) there shall be no noise or vibration resulting from or in
connection with the use that is perceptible from any part
of any "R", "A", or "0" District;
(c) there shall be no glare resulting from or in connection. with
the use that is observable from outside the boundaries of
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the "C" District within which the use is conducted;
(d) the vehicular traffic resulting from or in connection with
the use shall not be of such volume or normal routing as to
add materially to the traffic on streets that primarily
serve residential property;
(e) the use shall not be otherwise detrimental, objectionable,
or annoying to nearby residential property.
Other Special Approvals
SECTION 607 Every application for approval of building design, signs, lighting,
walf'�and similar structures, or other matters than those set forth in Sections
604 and 606 (already covered therein), as required by the provisions of this
ordinance, shall show or be accompanied by such information, including drawings
and sketches, as may be required by the rules of the Planning Board for full con-
sideration of the subject. In passing on any such matter the Planning Board shall
be guided by the purposes set fotth in Article I and shall give particular attention
to the harmony of the item under consideration to the visual composition of the
development of the part of the Village that is involved, taking account both of the
static aspect of such composition and of its appearance in motion, both on foot
and by vehicle.
Planning Board Action
SECTION 608 In passing on any matter before it, the Planning Board may approve
or deny any application or may approve the same subject to such specified con-
ditions as it may deem to be necessary or advisable in furtherance of the purposes
of this ordinance. In addition, the Planning Board may, on its own initiation and
after consultation with the owners of the land affected, propose a site plan for any
part of any "B" or "C" District and, after such reasonable notice to the owners
of land in the vicinity as may be prescribed in its rules, may consider and act on
such proposed site plan.
AIRLTICLE VII
ERRORS AND VARIANCES
SECTION 700 The Planning Board shall have the administrative powers and duties
set forth in this article, subject to all limitations specified therein.
SECTION 701 Appeal on allegation of error. Any interested person may appeal
_�o_t�_ePlanning Board from any decision, order, or determination by the Build-
ing Inspector or any other administrative officer (whether such action was
affirmative, negative, or conditional), alleging that such action was in error for
specifically stated reasons. After notice to the parties in interest, as prescribed
in its rules, the Planning Board shall decide whether or not the action appealed
from was in error and may confirm, reverse, or modify the same accordingly,
stating its reasons therefor, but may not vary the application of any provision of
this ordinance.
SECTION 702 Hardship variances. If the Building Inspector denies an application
for building permit or a certificate of occupancy for any building or use that would
be in violation of any of the provisions of this ordinance, and if the applicant is of
the opinion that it is impossible to apply strictly such provisions to his property
because of the existence of peculiar and unusual physical conditions affecting
such property, other than any conditions relating to the financial circumstances
of the applicant, he may appeal to the Planning Board, fully setting forth
(a) the alleged peculiar and unusual conditions affecting the
property;
(b) the alleged reasons why such conditions make it impossible
_19-
strictly to apply specified provisions of this ordinance to the
property;
(c) the variance in such strict application that the applicant
believes to be necessary in order to enable him to make
a reasonable use of the property;
(d) the reasons why the applicant is of the opinion that such
variance would be in harmony with the intent and purpose
of this ordinance, would not be detrimental to the existing
use or prospective development of property in the vicinity,
and would not give to the applicant an advantage with respect
to the use of his property that is not enjoyed by the owners
of similarly situated property.
After notice to the parties in interest, as prescribed in its rules, the
Planning Board shall act as follows:
First: determine whether or not there are peculiar and unusual
physical conditions applying to the property of the applicant, other than conditions
relating to his financial circumstances; and if so but not otherwise:
Second: determine whether or not such conditions are such that it
is impossible strictly to apply specified provisions of this ordinance to such
property; and if so but not otherwise:
Third: determirr., the minimum variance in such strict application
that will enable the owner to enjoy the reasonable use of the property without being
detrimental to the existing use or prospective development of property in the
vicinity and without giving the owner an advantage that is not enjoyed by the owners
of similarly situated property; and
Fourth: grant the aforesaid variance, subject to such conditions as
the Board deems to be necessary in furtherance of the purposes of this ordinance
and subject to approval. by the Village Council.
In no case shall any such variance permit the establishment of any
use that is not specifically permitted in the district under the regulations apply-
ing thereto as set forth in this ordinance.
SECTION 703 Procedure. All applications and appeals to the Planning Board shall
be made on standard forms prescribed by the Village Manager and shall be
accompanied by such information as the Planning Board may prescribe in its
rules in order to enable a thorough consideration of all aspects of the case in
conformity with the requirements of this article. Said Board may not consider
any application or appeal that is not presented as herein prescribed and any
action otherwise taken shall. be of no effect and any building permit or certificate
of occupancy issued pursuant to any such purported action shall be null and void.
ARTICLE VIII
APPEALS
SECTION 800 Any person aggrieved by any decision of the Planning Board under
the provisions of Article VI or Article VII, whether negative, affirmative, or
conditional, may appeal. therefrom to the Village Council. Such appeal shall be
in such form as the Village Manager may specify for all such appeals, and shall
state fully the grounds of the appeal, including a statement of why the applicant
believes that the decision appealed from is unreasonable or is not in accord with
the purposes of this ordinance. The Village Council may not consider any such
appeal unless it includes the aforesaid statement. The Council, if it decides, for
stated reasons, that the decision of the Planning Board was unreasonable or was
not in accord with the purposes of this ordinance, may overrule or modify such
decision.
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ARTICLE IX
ADMINISTRATION
SECTION 900 No officer, board, agency, or employee of the.Village shall issue,
grant, or approve any perm it, license, certificate, or other authorization for any
construction, reconstruction, alteration, or moving of any building, or for any
use of any land or building, that would not be in full compliance with the provi.-
sions of this ordinance. Any such permit, license, certificate, or other author-
ization issued, granted, or approved in violation of any of the provisions of this
ordinance shall be null and void and of no effect, without the necessity of any action,
notice, or proceedings for revocation or nullification thereof. Any work under-
taken or use established pursuant to any such unlawful permit, license or certifi-
cate, or other authorization shall be unlawful, and shall be subject to abatement
or removal, as provided in Section 1101. No action shall be taken by any officer,
board, agency, or employee of the Village purporting to validate any such viola-
tion and any such action that is taken shall be of no effect whatever.
SECTION 901 (a) A certificate of occupancy shall be obtained from the Building
Inspector for any of the following:
1. Occupancy and use of a building hereafter erected,
structurally altered, or moved.
2. Any change in use of a non-conforming use.
3. Establishment of any use of a building or of land for
which special approval is required pursuant to the
regulations set forth in the schedule adopted by
Article IV or elsewhere in this ordinance.
(b) No such occupancy, use, or change of use shall take place -until
a certificate of occupancy therefor has been issued by the
Building Inspector. No excavation for any building shall. be
begun until application has been made for a certificate of
occupancy for such building. No certificate of occupancy shall
be issued or re-issued for any use of a building or of land for
or in connection with which special approval is required as
aforesaid unless and until such special approval has been
obtained as provided in Article VI. Every certificate of
occupancy for or in connection with which such special
approval has been obtained or in connection with which a
variance has been granted as provided in Article VII shall
contain a detailed statement of such special approval or vari-
ance and of any condition to which the same is subject.
(c) Written application for a certificate of occupancy for a new
building or for an existing building which has been altered
shall. be made at the same time as the application for the
building permit for such building. Such certificate shall be
issued within three days after a written request for the same
has been made to the Building Inspector after the erection or
alteration of such building or part thereof has been completed
in conformity with the provisions of this ordinance. Pending
the issuance of such a certificate, a temporary certificate of
occupancy may be issued by the Building Inspector for a period
of not exceeding 90 days during the completion of any alterations
which are required under the provisions of any law or ordinance.
Such temporary certificate shall not be construed as in any way
altering the respective rights, duties, or obligations of the
owner or of the Village relating to the u-se or occupancy of the
land or building or any other matter covered by this ordinance,
and such temporary certificate shall not be issued except under
such restrictions and provisions as will adequately assure the
safety of the occupants of the building and of adjacent buildings
and land.
_21-
(d) Written application for a certificate of occupancy for the use of
vacant land or for a change in the use of land or of a building,
or for a change of use of a non-conforming use, as provided
herein, shall be made to the Building Inspector. If the proposed
use is in conformity with the provisions of this ordinance and of
all other applicable laws and ordinances, the certificate of
occupancy therefor shall be issued within ten days after the
application for the same has been made.
(e) On written request by the owner, the Building Inspector shall
issue a certificate of occupancy for any building or the use
thereof or of land existing at the time of the adoption of this
ordinance, certifying, after inspection, the extent and nature
of such building or use and whether or not the same conforms
with the provisions of this ordinance.
(f) A certificate of occupancy shall be deemed to authorize, and
is required for, both initial and continued occupancy and use
of the building or land to which it applies and shall continue in
effect so long as such building and the use thereof or the use
of such land is in full conformity with the provisions of this
ordinance and any requirements made pursuant thereto. On the
serving of notice of any violation of any of said provisions or
requirements with respect to any building or the use thereof
or of land, as provided in Section 1101, the certificate of
occupancy for such use shall thereupon, without further action,
be null and void and a new certificat e of occupancy shal.,'!. be
required for any further use of such building or land.
(g) Duplicate �opies of every certificate of occupancy shall be
filed with the Village Clerk. A record of all certificates of
occupancy shall be kept in the office of the Building Inspector
and copies shall be furnished on request to the Planning Board
or to any person having a proprietary or tenancy interest in
the building or land affected.
SECTION 902 Every application for a building permit, license, or certificate
of occupancy shall contain, or be accompanied by, such information as the
Village Manager may deem to be necessary (as indicated by standard forms
prescribed by him) for the effective enforcement of this ordinance. The plat
accompanying an application for a building permit shall show not only th.e plot
on which the proposed building or work is to be located but also any contiguous
land owned by the applicant.
SECTION 903 It shall be the duty of the Building Inspector to enforce c.he pro-
visions of this ordinance. He shall keep a record of every identif.able complaint
of a violation of any of the provisions of this ordinance, and of the action. taken
consequent on each such complaint, which records shall be public records. He
shall report to the Village Manager periodically, at intervals of riot greater than
three months, summarizing for the period since his last previous report all build-
ing permits and certificates of occupancy issued by him and all. complaints of
violation and the action. taken by him consequent thereon. A copy of each such
report shall be filed with the Planning Board at the same time that it is filed with
the Village Manager.
SECTION 904 No building having value of more than $750 shall be constructed or
reconstructed and no addition having value of more than $750 shall be made to
any existing building except in accordance with plans prepared by a registered
architect or registered engineer.
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ARTICLE X
AMENDMENTS
SECTION 1000 This ordinance may be amended by amending the text thereof, including
Fh-.at of the schedule of regulations adopted by Article IV, or by changing any district
boundary shown on the zoning map adopted by Article III, by following the procedure
specified in this article.
SECTION 1001 An amendment may be initiated by any of the following ways
(a) by a resolution of proposal to amend, adopted by the Village
Council. and. thereupon referred to the Planning Board;
(b) by a resolution of intention to propose an amendment, adopted
by the Planning Board;
(c) by a verified petition of property owners, filed with the
Planning Board in such form as the Board may require and
accompanied by a fee estimated by the Village Manager to be
adequate to cover the cost of proceedings, of which fee any
amount above the actual cost of proceedings shall be returned
to the applicant at the conclusion of the proceedings.
SECTION 1002 The Planning Board shall set a time for a public hearing on any
proposed amendment initiated as provided in Section 1001 and shall give such
notice thereof as may be prescribed in the rules of the Board. If the proposed
amendment consists of a change in the boundaries of any district, such notice
shall consist of sending by registered mail notices of the proposed amendment and
of the hearing to all owners of land comprised within the proposed change and of
all. land within a distance of 500 feet from the exterior boundaries thereof, as the
addresses of such owners are shown on the latest tax assessment rolls of the Village.
SECTION 1003 At the aforesaid hearing the Planning Board may require any appli-
cant for an amendment to submit evidence in the form of affidavits in support of the
application., failing in which, if so required, the application shall be denied. The
Planning Board may also take evidence from sworn witnesses. As soon as may be
after the hearing the Planning Board shall make a written report thereof to the
Village Council., which report shall contain a statement of the petition, the evidence
offered in support thereof, any evidence in opposition thereto, and the findings and
recommendations of the Board.
SECTION 1004 The report shall promptly be filed with the Village Clerk, who shall
without delay notify the applicant in the case of an amendment initiated by petition.
The Village Council shall hold a hearing on the proposed amendment. At such
hearing the Council may require any further affidavits and may take any further
testimony that it may deem to be necessary for a full consideration of the proposed
amendment.
SECTION 1005 After the conclusion. of the aforesaid hearing the Village Council may
make such disposition of the proposed amendment as the facts and circumstances
warrant.
ARTICLE XI
VIOLATIONS
SECTION 1100 Any person, firm or corporation who shall violate or fail to comply
with any of the provisions of this ordinance shall be punished by a fine not exceed-
ing $500 or imprisonment at hard labor on the streets or other works of the
Village for a term not exceeding 60 days, or both. Each day that a violation is
permitted to exist shall constitute a separate offense.
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SECTION 1101 Upon his becoming aware of any violation of any of the provisions of
this ordinance the Building Inspector shall serve notice of such vio�ation on the
person, firm or corporation committing or permitting the same, and if such
violation has not ceased within such reasonable time as the Building Inspector may
specify and a new certificate of occupancy obtained. as provided in Sect2on 901, he
shall institute such action as the Village Manager may aul-horize.
ARTICLE XII
MISCELLANEOUS
SECTION 1200 In interpreting and applying the provisions of this ordinance, thev
shall be held to be the minimum requirements for the promotion of the health,
safety, morals or general. welfare of the Village. It is not, intended by th�s
ordinance to interfere with, abrogate, or annul any easements, covenants, or
other agreements between parties, provided, however-, that where the regulations
of this ordinance on a stated point are more res'j�rictive than regulations on the
T same point as contained in any other law or ordinance or in restrictions by deed
or subdivision in any "R" district, the provisions of this ordinance shall govern;
and where the regulations of the other law or ordinance or restrictions in any
"R" district are more restrictive than those of this ordinance, the other shall.
govern.
SECTION 1201 If any section, paragraph, sentence, phrase, clause or other part or
provision of this ordinance is declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any
part thereof, other than the part so declared to be invalid.
SECTION IZOZ All. ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 1203 This ordinance shall take effect immediately upon its passage.
PASSED AND ADOPTED this 17th day of May, 1956.
DEAN R. CLAUSSEN
Mayor
ATTEST:
/_Z�A'nto e'tle �ign e r��o n
Clerk
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