O-624-00 ORDINANCE NO. 624-00
AN ORDINANCE OF MIAMI SHORES VILLAGE,FLORIDA,
AMENDING SECTION 19-26 OF THE CODE OF ORDINANCES,
REGARDING THE APPEAL PROCESS FOR DECISIONS MADE
BY THE VILLAGE PLANNING&ZONING BOARD,PROVIDING
FOR CONFLICT,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Village's Code of Ordinances currently contains language in both
Section 19-26 and Section 800 which address the appeal process for various decisions made by
the Planning&Zoning Board; and
WHEREAS, it has been recommended that Section 19-26 be amended to expressly
apply to all appeals, including those filed under Section 800; and
WHEREAS, it is in the best interests of the Village to eliminate any potential future
confusion the current language may cause as it relates to voting requirements;
NOW, THEREFORE, BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA:
Section 1. Section 19-26 of the Code of Ordinances of Miami Shores Village,
Florida, is hereby amended to read as follows:
Sec. 19-26 Appeals.
Any adverse decision of the planning 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 parry or parties by the board, including the building inspector,through
the mail 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,
including any decision or construction subject to, or appealed under, Section 800 of the
Zoning Appendix of the Code of Ordinances, may only be reversed, modified or
overruled by the council by not less than a seventy(70)percent 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 submitted 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.
Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
PASSED ON FIRST READING,this 5th day of September ,2000.
PASSED AND ADOPTED ON SECOND READING,this 19tb day of
September , 2000.
ATTEST: Mark S. Ulmer,Mayor
Z' akLvr '�C� ,"rAlc
Barbara A. Fugazzi, CMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney