O-436-81 ORDINANCE No. 436-81
AN ORDINANCE AMENDING SECTION 5-3, CODE OF ORDINANCES, MIMI
SHORES VILLAGE, FLORIDA; AMENDING SECTIONS 224,228,405 , 521 AND THE
SCHEDULE OF REGULATIONS OF THE MIAMI SHORES VILLAGE ZONING
ORDINANCE NO. 270; REESTABLISHING OFF-STREET PARKING AM LOADING
SPACE REQUIREMENTS; REQUIRING UNITY OF TITLE AGREEMENTS; PROVIDING
DEFINITIONS AND EXCEPTIONS; PROVIDING EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. Section 5-3, Code of ordinances, Miami Shores
Village, reads as follows:
Sec. 5-3. Permit--Required.
No person shall erect or construct or proceed with the
erection or construction of any building or structure, nor add to,
enlarge, move, improve, alter, convert, extend, or demolish any
building or structure, or any group of buildings and/or structures
under one or joint ownership whether on one or more lots or tracts
of land; or cause the same to be done where the cost of work is
fifty dollars 050.00) or more in value; and on any remodeling or
alteration job of any value; without first obtaining a building permit
therefor from the building department.
Section 2. Section 5-3, Code of ordinances, Miami Shores
Village, Florida, is hereby amended to include the following para-
graphs:
Prior to the issuance of any building, paving, grading
and leveling or other permits, a suitable sketch must be presented
to the building and zoning department indicating the parking layout,
proposed drainage on the premises and indicating all driveways
extending beyond the property line into the public right-of-way.
The drainage plan for premises shall meet with the approval of
the department of public works. The driveway plan must meet with
the approval of the Director of the building and zoning department
and the Director of the public works department on all roads and
in approving or rejecting the plan, the directors shall determine
that their decision is in the interest of public safety and wel-
fare, taking into consideration the volume of traffic to be gener-
ated, its pattern and conflict with the adjacent road traffic;
the number of driveways proposed and their proximity to others in
the area; location and proximity of median cuts; visual clearances
or obstructions at the driveways; angle and location of driveway
and its intersection with the road; elevation of the driveway in
reference to the road, and any other such factors that may affect
the safety and welfare of the public. In addition, all driveways
extending into state roads shall meet with the approval of the
State Road Department.
Applications for building or use permits shall indicate the
area to be used for parking and permits shall be issued stating that
such area shall be so reserved and developed. Recordable restrict-
ions so reserving such area shall be required. Such area reserved
for parking area will be marked on the zoning maps and no permits for
additional use of such area shall be issued. Area reserved for park-
ing in connection with any use shall be under the same ownership as
that of the use itself.
Section 3. Section 224 of Zoning ordinance No. 270,
Miami Shores village, reads as follows:
Section 224. Loading unit
An off-street space available for 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 loading unit has been provided, any additional
loading unit lying alongside, contiguous to, and not separated from
such first loading space need not be wider than 10 feet.
Section 4. Said Section 224 of ordinance 270 is hereby
amended to read as follows:
Section 224. Loading unit
An off-street space available for the loading or unload-
ing 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
where one such loading unit has been provided, any additional load-
ing unit lying alongside, contiguous to, and not separated from
such first loading space need not be wider than 10 feet.
On the same lot with every structure or use hereafter
erected or created there shall be provided and maintained space
for loading and unloading of materials, goods, or things, and for
delivery and shipping, so that vehicles for these services may use
this space without encroaching on or interfering with the public
use of streets and alleys by pedestrians and vehicles.
off-street loading facilities supplied to meet the needs
of one use shall not be considered as meeting the off-street loading
needs of any other use.
No area or facility supplied to meet the required off-
street parking facilities for a use shall be utilized for or deemed
to meet the requirements of this Article for off-street loading
facilities.
lannin
The /P B9ard may approve a reduction of off-street
loading space if the Board finds that the size, character
and operation of a particular building or use will not normally
involve service by motor vehicles requiring the length or verti-
cal clearance of an off-street loading space specified above.
Plans for buildings or uses requiring off-street loading
facilities under the provisions of this Article shall clearly indi-
cate the location, dimensions, clearance and access of all such
required off-street loading facilities.
Section 5. Sec. 228 of Zoning ordinance 270, Miami Shores
Village, Florida, reads as follows:
Section 228. 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 drive-
ways appurtenant thereto and giving access thereto, and (c) having
direct usable access to a street or alley.
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Section 6. Section 228 of ordinance 270, Miami
Shores Village, Florida, is hereby amended to read as follows:
Section 228. Parking unit
Each parking space required by this ordinance shall
be not less than the following:
(a) 900 angle parking or less: Nine (9) feet in width and twenty
(20) feet in length except that fifteen (15) per cent of the spaces
may be seven and one-half (73,2) feet in width and sixteen (16) feet
in length and shall be clearly designated for "compact only"
vehicles.
(b) 600 angle parking or less: Nine (9) feet in width and twenty
(20) feet in length except that fifteen (15) per cent of the spaces
may be seven and one-half (7-2) feet in width and sixteen (16) feet
in length and shall be clearly designated for "compact only"
vehicles.
(c) Parallel parking: Nine (9) feet in width and twenty-five (25)
feet in length except that fifteen (15) per cent of the spaces may
be seven and one-half (7-32,) feet in width and twenty (20) feet
in length, and shall be clearly designated for "compact only"
vehicles.
Each parking space shall be accessible from a street or
alley from an adequate aisle or driveway leading to a street or
alley without driving through any other parking space. Access
aisles shall be a minimum of twenty (2D) feet for 900 angle
parking, sixteen (16) feet and eight (8) inches for 600 angle park-
ing, ten (10) feet and ten (10) inches for 450 angle parking, and
ten (10) feet and four (4) inches for 300 angle parking. Except for
lots fifty (50) feet or less in width, driveways leading to parking
areas shall have no less than eight (8) feet of paved width with no
projections into the driveway area for a height of seven (7) feet,
and shall be a minimum of three (3) feet from any building or
structure, and a minimum of two (2) feet from any property line.
On lots having a width of fifty (50) feet or less, drive-
ways leading to parking areas shall have no less than eight (8)
feet of paved width with no projections into the driveway area for
a height of seven (7) feet, and shall be a minimum of twenty (20)
inches from any building or structure and a minimum of two (2) feet
from any property line.
The aforementioned areas of separation for the driveway
shall be appropriately landscaped.
Where it crosses the base building line, a driveway shall
be a minimum of five (5) feet from any side property line and a
minimum of nine (9) feet in width. When parking spaces are located
within the first twenty (20) feet of the front yard, as measured
from the base building line and laid out approximately parallel with
the base building line, a driveway that also serves as access aisle
shall be a minimum of eighteen (18) feet in width where it crosses
the base building line for buildings containing three (3) or more
dwelling units.
No door or pedestrian entrance at ground level shall open
directly upon any driveway or access aisle unless the doorway or
pedestrian entrance is at least three (3) feet from said driveway
or access aisle.
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Section 7. Section 405 of Ordinance 270 , Miami Shores
Village, Florida, reads as follows :
See. 405 Off-street parking space and off-street loading
space shall be provided 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 driveways , shall there-
after be encroached on or reduced in any manner except as otherwise
provided in Article V.
Section 8. Said Section 405 of Ordinance 270 , Miami Shores
Village, Florida, is hereby amended to read as follows :
See. 405. Off-street parking space and off-street loading
space shall be provided 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 driveways, shall there-
after be encroached on or reduced in any manner except as otherwise
provided in article V, except that an existing structure for which
there has been a use category established on or before the date of
adoption of this ordinance , and for which there is insufficient
space contiguous to the lot or parcel of land upon which said
structure is situated for the owner of said structure to establish
off-street parking and off-street loading space , as required by this
ordinance , then , in that event , the owner of said structure shall be
required to comply with this ordinance to the extent possible with
regard to existing space available to said owner; otherwise , said
owner shall not be required to establish off-street parking and
off-street loading space to meet any increased requirement under
this ordinance unless there is an increase in floor area thereof
subsequent to the adoption hereof.
Everyuse instituted or structure constructed,
erected or structurally altered after the effective date of this
ordinance shall provide off-street parking facilities in accordance
with the provisions of the ordinances of Miami Shores Village,
Florida, for the use of occupants, employees , visitors or patrons.
Any building or structure may be modernized,
altered or repaired provided there is no increase in floor area or
capacity, and there is no change of use category without providing
additional off,-street parking facilities (change of use category
is defined as being a change from one enumerated use as listed for
the various districts on the SCHEDULE OF REGULATIONS , being a part
of Article IV of Miami Shores Village Zoning Ordinance 270 , with
reference to minimum OFF-STREET PARKING SPACE and OFF-STREET
LOADING SPACE) .
Section 9. Section 521 of Ordinance 270 , Miami Shores
Village, Florida, reads as follows :
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;
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(b) Required space provided on a plot other than the one on which
is located the use to which such space is appurtenant, as author-
ized in this ordinance, may be relocated on 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 pre-
scribed 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.
Section 10. Section 521 of ordinance 270, Miami Shores
Village, Florida, is hereby amended to read as follows:
Section 521.
First: It shall be unlawful for any person, firm or
corporation to use any premises without first providing the off-
street parking facilities to meet the requirements of the ordinances
of Miami Shores Village.
Second: 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 author-
ized in this ordinance, may be relocated on approval by the
Planning Board in each case;
(c) Required space may be reduced by an amount which the Planning
Board finds is justified (inconformity with the regulations pre-
scribed 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 appurten-
ant.
Third: Collective provisions for a joint use of off-
street parking facilities for two or more buildings or uses by
two or more owners or operators may be established, provided that
the total of such parking space when combined or used together,
shall not be less than the sum of the requirements for the several
individual uses computed separately in accordance with this Article.
Fourth: No part of an off-street parking area required
for any building or use shall be included as a part of an off-
street parking area similarly required for another building or use,
unless the type of use indicates that the periods of usage will
not overlap or be concurrent with each other as determined by the
Board.
Fifth: No off-street parking facilities required and
supplied by or for a use to meet the requirements of this ordinance
shall be utilized for the parking or storage of commercial vehicles
owned by or utilized by such use during the time such use is in
operation, and no area designated as parking area in connection
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with any designated use or uses shall be operated as a commercial
parking lot.
Section 11. The SCHEDULE OF REGULATIONS, being a part of
Article IV of Miami Shores Village Zoning Ordinance No. 270, with
reference to minimum OFF STREET PARKING SPACE and OFF STREET LOADING
SPACE, reads as follows:
DISTRICT OFF STREET PARKING SPACE
OFF STREET LOADING SPACE
For dwellings:
minimum: one space for each plot.
Maximum: Space for 3 vehicles on any one plot.
R-35 Location: On the same plot with the dwelling to
R-30 which it is appurtenant and, unless provided
R-28 in a completely enclosed garage attached to the
R-26 dwelling and complying with all the regula-
R-25 tions applying to the dwelling, all parking
R-22.5 space on the plot, whether enclosed, partially
R-21 enclosed, or unenclosed, shall be located in
R-20 conformity with the regulations applying to
R-18.5 accessory buildings; provided that no motor
R-17.5 vehicles except those of temporary guests
R-16.5 shall be permitted to stand in any place other
R-15.5 than a parking unit complying with all the
R-15 provisions of this ordinance, and no commercial
R-14.25 vehicle (other than one commercial vehicle of
R-13 not exceeding 3/4-ton capacity on any plot if
R-12.5 housed in a completely enclosed garage) shall
be permitted to stand in any place except tem-
porary while in connection with going to or
from a use existing in the district.
For other buildings:
Minimum: As determined by the Village Council
after a recommendation by the Planning Board,
to be adequate to provide normally for the
off-street parking of the vehicles of all per-
sons going to or assembling at the building
for any purpose.
Location: Layout and access: As may be
designated on a site plan of the plot, approved
by the Planning Board as provided in Article VI.
For one-family dwellings: Same as specified for
dwellings in "R" districts.
For multi-family dwellings:
A-1 Minimum: one unit for each dwelling unit up to four
that is located on the plot; if more than four
dwelling units are located on the plot: one and
one-half units for each dwelling unit located
on the plot.
Location: As designated on the site plan for the
group, approved by the Planning Board as pro-
vided in Article VI.
For other buildings: Same as specified for other
buildings in "R" districts.
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0 STREET PARKING SPACE
DISTRICT OFF STREET LOADING SPACE
For buildings permitted in A-1 districts: Same
as specified for such buildings in A-1 districts.
A-2 For hotels: one and one-quarter units for each
guest room, located as designated on the site
plan for each hotel, approved by the Planning
Board as provided in Article VI.
For dwellings: Same as specified for dwellings in
0 "R" districts.
For other buildings: Same as specified for other
buildings in "R" districts.
Minimum:
1. For uses permitted in "R" , "A", OR "0" districts:
Same as specified for such districts, and located
as prescribed therefor.
2. For theaters, auditoriums, similar places of
public assembly and for restaurants and other
eating places: one parking unit for every three
seats for which the establishment is designed;
provided that if seating is of the bleacher type,
each 232, feet of bleacher space measured along its
longitudinal axis shall be deemed to be one seat,
provided, further, that if there are no permanent
B-1 seats or bleachers, the seating capacity for the
purpose of this ordinance shall be determined by
the Village Manager. -
3 . For gasoline stations: As may be designated on
the site plan for each such use, approiied as
provided in Article VI.
4. For buildings not otherwise covered: one square
foot of parking space for each one square foot of
the aggregate floor area of all floors of the
building, measured at the exterior of the walls
of the building.
Location: Either
(a) on the same plot with the use to which it is
appurtenant; or
(b) Elsewhere if approved by the Planning Board in
connection with approval of the site plan for
the use to which such space is appurtenant, as
provided in Article VI, but only if all parts of
such space are located within a distance of 300
feet from the entrance of the use to which such
space is appurtenant, measured along the shortest
route of available pedestrian access.
B-2 Loading Space
1. For uses permitted in "R", "A", or "0" districts:
No requirement.
2. For all other uses: one unit for each 4000 sq.
ft. of gross floor area or major portion thereof.
Parking Space and Loading Space .
1. For uses permittedin B-2 districts: Same as
specified for B-2 districts.
C 2. For all other uses: As may be designated on the
site plan for each such use, approved as provided
in Article VI.
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OFF STREET PARKING SPACE
DISTRICT OFF STREET LOADING SPACE
Parking Space
Adequate space to provide for the off-street
S-1 parking of the vehicles of all persons who may
reasonably be expected to stop at the
establishment at any time.
S-2 Same as specified for S-1 districts and as shown
on the approved site plan of the establishment.
P Such space as the Village Council may determine
to be adequate.
X For uses permitted in "R" districts: Same as
specified for "R" districts.
For parking lots.
Not applicable
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Section 12. The SCHEDULE OF REGULATIONS, being a
part of Article IV of Miami Shores Village Zoning ordinance
No. 270, is hereby amended to read as follows:
DISTRICT OFF STREET PARKING SPACE
OFF STREET WADING SPACE
For dwellings:
R-35 minimum: one parking space for each dwelling unit.
R-30 Maximum: Three parking spaces for each dwelling unit.
R-28
R-26 Location: On the same plot with the dwelling to which it
R-25 it is appurtenant and, unless provided in a completely
R-23 enclosed garage attached to the dwelling and complying
R-22.5 with all the regulations applying to the dwelling, all
R-21 parking space on the plot, whether enclosed, partially
R-20 enclosed, or unenclosed, shall be located in conformity
R-18.5 with the regulations applying to accessory buildings;
R-17.5 provided that no motor vehicles except those of tempor-
R-16.5 ary guests shall be permitted to stand in any place
R-15.5 other than a parking unit complying with all the pro-
R-15 visions of this ordinance, and no commercial vehicle
R-14.25 (other than one commercial vehicle of not exceeding
R-13 3/4-ton capacity on any plot if housed in a completely
R-12.5 enclosed garage) shall be permitted to stand in any
place except temporary while in connection with going
to or from a use existing in the district.
Churches: one (1) parking space for each four (4) seats
plus one parking space for each 50 square feet of floor
area in assembly rooms with movable seats, provided
that these requirements shall apply only to auditoriums
and chapels and not to rooms used only for Sunday School
classes.
Junior High, Elementary Schools, Public, Private or
Parochial Schools: one (1) parking space for each class-
room plus one-fourth of the additional parking spaces
otherwise required by this Section for Auditoriums.
Senior High Schools Public or Private :. One (1) parking
space for each classroom plus one parking space for each
ten (10) students or one-half of the additional parking
spaces otherwise required by this Section for Auditoriums,
whichever may be greater.
Business, Vocational & Trade Schools: One (1) parking
space for each 100 square feet of gross floor area in
the building.
Other Uses: For any use not specifically mentioned, the
requirements for off-street parking shall be equivalent
to the requirements for a use which is herein expressly
set forth and is similar to the actual use.
Location,layout and access: As may be designated on a
site plan of the plot, approved by the Planning Board
as provided in Article VI
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For one-family dwellings: Same as specified for dwelling
units in "R" districts.
For multi-family dwelling units:
Minimum: 1. 0 parking spaces for each dwelling unit for
the first four (4) units, and 1.5 parking spaces for
each dwelling unit for the next two (2) units.
A-1 For seven (7) or more dwelling units, the following
number of spaces is required: 1.50 parking spaces for
each efficiency or one-bedroom dwelling unit; 1.75
parking spaces for each two-bedroom dwelling unit;
2. 0 parking spaces for each dwelling unit with three (3)
or more bedrooms.
Location: As designated on the site plan for the group,
approved by the Planning Board as provided in Article VI .
For other buildings: Same as specified for other buildings
in "R" districts.
For uses permitted in A-1 District: Same as specified for
such buildings or uses in A-1 districts.
For Hotels: One (1) parking space for each of the first
forty (40) rental sleeping units; one (1) additional
A-2 parking space for every two (2) rental sleeping units
thereafter. In addition, one (1) employee parking space
shall be provided for each ten (10) guest rooms.
Parking spaces shall be located as designated on the site
plan for each hotel, approved by the Planning Board as
provided for in Article VI.
For dwelling units: Same as specified for dwelling units
in "R" districts.
0 For other uses: Same as specified for said uses in any
other district.
Minimum:
1. For uses permitted in "R" , "All or "o" districts:
Same as specified for such districts, and located
as prescribed therefor.
2. For medical, dental, or business office, banking:
one (1) parking space for each four hundred (400)
B-1 square feet of gross floor area.
B-2 Retail and service stores: one (1) parking space
for each four hundred (400) square feet of gross floor
area of the building.
3. Post office and private club hall: One (1) parking
space for every four hundred (400) square feet of
gross floor area.
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4. Auditoriums: one parking space for each three (3)
seats where seats are fixed and (1) parking space
for each forty square feet of floor area for movable
seats.
5. Restaurants: 1.0 parking spaces for each one hun-
dred (100) square feet of gross floor area in the
building.
6. Shopping Centers: one (1) parking space for each
B-1 one hundred eighty (180) square feet of gross floor
B-2 area.
7 . Gasoline Stations: Three (3) parking spaces for
each service bay or stall.
8 . Printing and Engraving Shops, Laundries and Dry
Cleaning Establishments: one (1) parking space for
each four hundred (400) square feet of gross floor
area of the building.
9. Uses not specifically mentioned: For any use not
specifically mentioned in this Article, the require-
ments for off-street parking for a use which is so
mentioned and to which the said use is similar, shall
apply.
10.. Theatres: One parking space for each three (3) seats.
Location: '
On the same plot a parking space is intended to serve,
Loading Space:
1. For uses permitted in "R" , "A" or "0" districts: No
requirement.
2. For all other uses: Established on the same plot for
the use being served in the dimensions established by
Section 224 of ordinance 270, Miami Shores Village,
Florida.
Parking Space and Loading Space :
Wholesale, Warehouse and Storage Buildings: one (1)
C parking space for each one thousand (1000) square feet
of gross floor area.
Manufacturing and Industrial Uses, Research & Testing
Laboratories: One parking space- for each one thousand
(1000) square feet of floor space.
For uses permitted in B-2 districts: Same as specified
for B-2 districts.
For Uses not specifically mentioned: For any use not
specifically mentioned in this Article, the require-
ments for off-street parking for a use which is so
mentioned and to which the said use is similar, shall
apply.
minimum:
1. For uses permitted in "R" districts: Same as
specified for such districts, and located as
prescribed therefor.
2. Colleges: one parking space for each classroom
plus one parking space for each ten (10) students
S-1 or one-half of the additional parking spacesother-
wise required by this Section for Auditoriums, which-
ever may be greater.
Dog-Track or Race-Tracks: one parking space for each five
S-2 seats provided for patrons' use or one (1) parking
space for each 200 square feet of gross floor area,
whichever may be greater.
P Such space as the Village Council may determine to be
adequate.
X For uses permitted in "R" districts: Same as specified
for "R" districts.
For parking lots: ; Not applicable.
GENERAL PROVISIONS: (a) Mixed Uses: In the case of mixed uses, the
total requirements for off-street parking shall be the sum of the
requirements of the various uses computed separately and cff-street
parking space for one use shall not be considered as providing the
off-street parking for any other use. (b) Measurement: For the
purpose of this Article, floor areas shall mean the gross floor area
measured at the exterior walls. In churches and other places of
assembly, in which the occupants utilize benches, pews, or other
similar seating facilities, each 20 lineal inches of such seating
facilities, shall be completed as one seat for the purpose of com-
puting off-street parking requirements. (c) Unless otherwise indi-
cated, the parking and loading space requirements herein set forth
are minimums. (d) The off-street parking areas required by this
ordinance shall be located on the same lot or parcel of land that they
are intended to serve; provided, when the size, shape or location
thereof prevents the establishment of such areas on the same lot or
parcel, they may be provided on a properly zoned parcel within 300 feet
of the premises they are to serve; provided such use shall immediately
terminate in the event such parking area therefor is not available
and all those having any right, title, or interest in and to the use
of said property site shall execute and deliver to the Planning ,
Board a recordable covenant, together with the fee for record-
ing same in the Public Records in and for Dade County, Florida, to be
approved by the Director that such use shall cease and terminate upon
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the elimination of such parking area, and that no use shall be made
of such property until the required parking area is avilable and
provided.
Section 13. This ordinance shall become effective upon
adoption.
PASSED ON FIRST READING this 15th day of 5�2=emb e r
1981.
PASSED AND ADOPTED on final reading this __Ls.:Lday of
D*etemb e r 1981.
MAYO R/
ATTEST:
Village Clerk
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