O-447-82 ORDINANCE NO. 447-82
AN ORDINANCE AMENDING SECTION 501 , ARTICLE V
OF ORDINANCE NO. 270 , MIAMI SHORES VILLAGE,
FLORIDA; ADDING PARAGRAPH (v) PROHIBITING THE
SALE OF CERTAIN GOODS AND THE PERFORMANCE OF
CERTAIN SERVICES BETWEEN THE HOURS OF 1 : 00 A.M.
AND 6 : 00 A.M. ; PROVIDING FOR EXCEPTIONS, SEVERANCE
CLAUSE AND EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA:
Section 1. Section 501 , Article V of Ordinance
No. 270 , provides as follows :
Sec. 501 (Prohibited uses)
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:
(a) Advertising signs , including the type commonly
known as billboards .
(b) The sale of alcoholic beverages 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 rooms , pool halls , and similar places
of amusement, including "penny arcades. "
(d) Cemeteries , undertaking establishments and other
places for the retention, care or disposal of the
remains of deceased human beings or animals .
(e) Commercial swimming pools.
(f) Dance halls.
(g) Fortunetelling, clairvoyance or any similar
activity.
(h) Hospitals of any kind, whether for human beings
or for animals .
(i) Keeping of any kind of livestock, poultry and
fowl , including pigeons , excepting, however,
domestic pets and animals kept in pet shops
which are operated in accordance with the
provisions of this ordinance.
(j ) Outdoor amusement devices.
(k) Storage or disposal of junk, rags or other
waste materials , except as a minor and incidental
activity necessary and customary as an accessory
use to a use permitted on the same plot.
(1) Tourist camps.
Use of any of the following as a dwelling of
any type; accessory building, building not
designed for residential purposes , houseboat,
temporary building, tent , trailer or similar
building or object.
(n) Use of other than electrical power in excess of
five (5) horsepower.
(o) Used car lots , except such display and sales of
used automobiles as may be incidental and sub-
ordinate to the conducting of a permitted establish-
ment for the sale of new automobiles and located
on the same plot therewith.
(p) Yards for contractors ' or other construction
materials or equipment.
(q) Uses similar to those listed above.
(r) The storage, parking or keeping of boats , except
under the following conditions :
(1) Boats of not over twenty (20) feet in length
may be kept, stored or parking in R, A and
0 districts provided that :
(i) No such boat shall be kept, stored
or parked so that any part shall extend
into the front yard beyond the front
building line;
(ii) Not more than one boat may be kept on
any one plot ;
(iii) Such boats and the place where kept
shall be maintained in a clean, neat
and presentable condition;
(iv) No repairs to such boats except those
of a minor nature shall be made or
performed on the premises , the making
of which will not tend to disturb the
neighbors ;
(v) Such boat shall at all times be kept on
and secured to a transporting trailer ;
(vi) Such boat shall not be used for sleeping
or living quarters while kept on such
premises .
(s) The storage, parking or keeping of house cars ,
campers or house trailers :
(1) No house car, camp car, camper or house trailer
nor any vehicle or part of a vehicle designed
or adapted for human habitation, by whatever
name known, whether such vehicle moved by its
own power or by power supplied by a separate
unit , shall be kept or parked on public or
private property within the Village ; provided,
however, that house cars , campers or trailers
may be kept if they are enclosed within the
confines' of a garage or parked in the backyard
and if said house car, cam-per or trailer or
any similar vehicle is less than twenty (20)
feet in length and ten (10) feet in height ,
or if said vehicle is parked upon a duly
licensed or legally operating parking area.
(2) Under no circumstances and in no area, however
zoned, shall any vehicle be used as living or
sleeping quarters within the Village limits.
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(t) The storage , parking or keeping of houseboats :
(1) No boat , houseboat , vessel or watercraft of
any kind may be used as a place of abode or
dwelling while anchored, moored or tied up
in any waterway, canal or within the Village
limits in Biscayne Bay.
(2) No houseboat not propelled by its own
power shall be allowed to remain in any
of the waterways , canals or Biscayne Bay
within the limits of Miami Shores Village
for more than twelve (12) hours .
(u) Heliports or the storage, parking or keeping of
helicopters , the landing or takeoff of the same,
except in the case of police, fire or civil
disorder emergencies , and then only when oper-
ated under the supervision and authority of
a federal , state, county or municipal agency,
and except in a S-1 district.
Section 2. In furtherance of the declared intent of
this Council to maintain the present character of Miami Shores Village
as a bedroom community, and toward that end to minimize the traffic
and resultant noise normally produced thereby, Section 501 , Article
V of Ordinance No. 270, Miami Shores Village , Florida, is hereby
amended to add thereto paragraph (v) as follows :
(v) The following business operations between the
hours of 1 : 00 a.m. and 6 : 00 a.m. :
(1) The sale of food, beverages , clothing,
firearms and firearm ammunition.
(2) Motor vehicle sales and repairs and the
sale of fuels and lubricants therefor.
(3) Theaters , banks and savings and loan
institutions , churches , schools , social
club meetings , except as otherwise lawfully
permitted in private residences.
(4) Massage business , public auctions ,
dance halls .
Provided, nevertheless , that there shall be exempt
from this ordinance any of the above named
businesses that have been heretofore established
and are in operation upon the date of the
adoption of this ordinance unless hereafter dis-
continued for a period of sixty (60) days , in
which event said exemption shall terminate.
Section 3. The judicial determination that any portion
of this ordinance is unlawful shall not impair the validity of
the remaining portion which shall remain in full force and effect.
Section 4. This ordinance shall become effective 45 days
after adoption. ;1
PASSED ON FIRST READING this 16th day of.- NoViember 1982 .
;4-
PASSED AND ADOPTED on final reading ,th.'Lo 7th Zd,,�agy of
December 1982.
Rob yo
ATTEST:
-3- Approved s to form:
�X'A,eo."'7'4.,�
Village Clerk