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O-434-81 ORDINANCE NO. 434-81 AN ORDINANCE AMENDING SECTIONS 18-3 , 18�10 , 18"ll, 18-12, 18,15 AND 18-16 OF CODE OF ORDINANCES� MIAMI SHORES VILLAGE, FLORIDA; REQUIRING THREE AFFIRMATIVE VOTES TO APPROVE ACTION OF PLANNING BOARD; REDUCING THE NUMBER OF COUNCIL VOTES REQUIRED TO REVISE, MODIFY, OR OVERRULE PLANNING BOARD FROM FOUR-FIFTHS TO A 70% AFFIRMATIVE VOTE; PROVIDING EFFECTIVE DATE. BE IT ORDAINED BY MIAMI SHORES VILLAGE : Section 1. Section 18-3 requires a simple majority vote to approve action by Planning Board. (See copy of Sec. 18-3 attached) Section 2. Section 18-3 of Code of Ordinances of Miami Shores Village, Florida, is hereby amended to read as follows : Sec. 18-3. Same--Meetings ; supplies. The members of the Board shall meet at least once a month at such times and places as they may fix by resolution. Special meetings may be called from time to time by the chair- man of the board. Three (3) members of the board shall con- stitute a quorum for the transaction of husiness and action of the board must be by a unanimous vote if only three members are present; othervd-se, action can be taken only by a majority vote. The board shall cause to be kept a proper record of all its proceedings, subject at all times to examination by the Council and its members, attorney and employees . The Village shall furnish the board the necessary files , stationery and documents as it may require in the transaction of business by it and the performance of the duties imposed upon it as herein more fully set forth. Section 3. Sections 18-10 , 18-11, 18-12, 18-15 and 18-16 of Code of Ordinances of Miami Shores Village, Florida, presently require a four-fifths vote of the Council to adopt a resolution reversing the Planning Board. (See said sections attached hereto) Section 4. Sections 18-10 , 18-11, 18-12 , 18-15 and 18-16 of the Code of Ordinances of Miami Shores Village, Florida, are hereby amended to read as follows : Section 18-10 Same--Location of buildings , etc. , in compliance; approval. Whenever the Council shall have adopted a Village plan recommended by the Board, no public buildings , streets, alleys , ways, viaducts , bridges , subways , railroads , terminals, transit lines , parkways, parks , playgrounds , or any other public ground or public improvement or part thereof, shall be constructed until and unless the location thereof Ehall be approved Ly the boardf provided, however, in case of its disapproval it shall communi- cate its reasons therefor to the council, and thereupon by a 70% affirmative vote of the council, it shall have the power of overruling such disapproval. The widening, narrowing, ornamenta- tion, vacancies or change in the use of streets and other public ways, public grounds, or other public improvements appearing on the adopted plan shall be subject to similar approval by the board, and such approval by the board may be overruled only by the council by not less than a 70% affirmative vote thereof. The board may make recommendations to any public authorities or to any corporations or individuals in the village, or in the territory contiguous thereto concerning the relocation of any buildings, structures, or works to be erected or constructed by them, upon proper application to the board by any of such corpora- tions, public authorities or individuals as aforesaid. Sec. 18-11. Same--Approval of. All plans, plats, maps, plots or replots of lands laid out in building lots, streets, alleys, or other portion of the same intended to be dedicated to the public use or for the use of pur- chasers or owners of lots fronting on or adjoining and located within the corporate limits of the village, shall be submitted to the board for approval; provided, however, in case of its disapproval the board shall communicate its reasons for such disapproval to the village council, and thereupon, by a 70% affirmative vote of the village council, the council shall have the power of overruling such disapproval. Sec. 18-12. Same--General plan authorized; interim building permit issuance, appeals. It shall be the duty of the board and it shall have full authority to adopt a general plan for the village concerning use of land therein for private purposes and the location of private improvements thereon, the size of the lard to be used for any one particular structure, the size of the structure to be placed on any particular plot or tract of land, the type of such struc- ture, the manner in which it shall be located thereon and the board shall divide the area within the village as to certain specified tracts, blocks or zones of land in which said tracts, blocks or zones the board shall specify in detail the manner in which the land thereon shall be used, the type of structures to be erected thereon, the location thereof and all other matters pertaining to the institution, continuance and completion of a harmonious plan of private structures, houses or buildings within said village, and such plan shall provide that all building permits issued after the adoption thereof shall be in strict compliance with the terms and conditions of such plan. All persons owning property within the village,together with the building inspector and all officials of the village, shall comply therewith, and upon their failure so to do they shall be subject to the penalties to be set forth in said plan. Such plan shall become effective when adopted by the village council by a ' aj,,FCT�Vthereof and the same shall not be rejected by the council unless by a 7CP/o affirmative vote thereof. Prior to the adoption of such general plan of private improvements as aforesaid, all building permits applied for the erection, alteration or addition to any structure within the village shall first be submitted to the board for its approval or rejection in writing and in case of rejection the board shall set forth in concise written terms the grounds thereof and such decision shall be binding upon all parties concerned therewith including the owners of the land involved, the building inspector and all officials of the village, except an appeal from such decision of the board as - 2 - aforesaid may be had by any party affected thereby to the council, and such decision or ruling shall stand affirmed unless the council shall by a 700% affirmative vote reverse or modify the same, in which event the council shall in writing set forth the grounds of its decision. All of such appeals shall be in writing, and copies thereof shall be served by the party so appealing upon the chairman of the board not less than ten (10) days prior to presenting the same to the council as aforesaid, and all parties interested shall have the opportunity to appear and be heard by the council on said appeal; provided, the council shall dispose of such appeal within ten (10) days after written notice thereof has been filed with the village manager tha', such appeal has been taken and applied for. In the event the council shall fail to take any action within ten (10) days thereafter, the decision and ruling of the planning board shall be binding upon all parties concerned. The board may in its discretion prior to the adoption of general plan for private improve- ments as aforesaid promulgate and adopt certain regulations which first must be complied with before a building permit may be issued by any official of the village, and a certificate disclosing that such rules and regulations have been complied with shall first be made and executed and attached to the building permit before the same shall be issued by the village by any official thereof. In no event shall any cost or expense concerning the hearing of any application for a building permit, ruling of the board or appeal therefrom be borne by the village without authorization thereof by the village council by a 700% affirmative vote thereof. Sec. 18-15. Appeals Any adverse decision of the board as aforesaid may be appealed to the village council within ten (10) days after written notice of such decision has been served upon the interested party or parties by the board, including the building inspector, through the mails or otherwise; such appeal to be in written form, a copy of which shall be furnished to and served upon the board at least five (5) days prior to the time for consideration thereof by the council. Such decision or construction by the board may only be reversed, modified or overruled by the council by not less than a 700% affirmative vote thereof. All such matters so appealed to the council shall have precedence and priority over other business coming before the council. Failure of the council to act upon any such appeal within twenty (20) days after the same has been sub- mitted to it, shall be and constitute an affirmance of the decision of the board, and the subject matter of the appeal shall thereupon forthwith revert to the exclusive jurisdiction of the board. All papers and documents in connection therewith shall be immediately transmitted to the board. The village clerk shall thereupon note the disposition of the same upon the records of the village, and the final action of the board thereon shall be conclusive and binding upon every person interested therein and all property affected thereby. Sec. 18-16. Council approval of expense incurrence. In no event shall any cost be incurred in the handling of any matter by the board through appeal, or otherwise, without the same having first been authorized by a 70% affirmative vote of the council. Section 5. This ordinance to become effective upon adoption. 3 PASSED on first reading this 6th day of October 1981. PASSED AND ADOPTED on final reading this 20th day of October 1981. MA ATTEST: V�:TAGE CLERK 4