O-687-10 ORDINANCE NO. 687-10
AN ORDINANCE OF MIAMI SHORES VILLAGE CREATING A NEW
CHAPTER 2, ARTICLE IX, SECTION 2-105 OF THE MIAMI SHORES
VILLAGE CODE OF ORDINANCES, PROVIDING AND CLARIFYING
THAT CERTAIN EXISTING USE RESTRICTIONS AND MAINTENANCE
OBLIGATIONS CURRENTLY CODIFIED AS PART OF THE ZONING
APPENDIX "A" TO THE MIAMI SHORES VILLAGE CODE OF
ORDINANCES SHALL BE APPLICABLE VILLAGE WIDE (INCLUDING
WITHIN ANY ANNEXED AREAS), AND ADDITIONALLY CODIFYING
SUCH RESTRICTIONS AS PART OF CHAPTER 2 OF THE MIAMI
SHORES VILLAGE CODE OF ORDINANCES, PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, effective enforcement of various provisions of the Miami Shores Code of
Ordinances, such as use restrictions, and maintenance and upkeep obligations, has proven to
be instrumental in increasing and preserving property values and the sense of community which
makes Miami Shores Village such a special place in which to live and work;
WHEREAS, the municipal boundaries of Miami Shores have expanded by way of
annexation to include additional properties which, although now a part of Miami Shores, will
remain subject to the Miami-Dade County Zoning Code (as opposed to the Miami Shores
Zoning Code) pending certain additional action on the part of the Village such as, for example,
adoption and approval of revised zoning maps and the like;
WHEREAS, various use restrictions and maintenance and upkeep obligations currently
codified as part of Zoning Appendix A to the Miami Shores Code of Ordinances set forth
prohibited uses that have long been deemed inappropriate uses to occur anywhere within the
Village, as well as maintenance standards which have long been deemed applicable Village
wide, which cannot truly be deemed or viewed solely as a function of zoning, and which are not
reflected in the current Miami-Dade County zoning provisions applicable to the annexed areas;
and
WHEREAS, it is in the best interests of all of the residents of the Village, including the
residents of the newly annexed areas, that such use provisions and maintenance standards be
recognized as continuing to be applicable Village wide, for purposes of effective code
enforcement and otherwise;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, THAT:
Section 1. A new section, Chapter 2, Article IX, Section 2-105 is hereby established
as part of the Miami Shores Village Code of Ordinances, to read as follows:
ARTICLE IX- CERTAIN USE RESTRICTIONS AND
MAINTENANCE STANDARDS APPLICABLE VILLAGE WIDE
SECTION 2-105 Additional codification of certain use restrictions and maintenance
standards with applicability Village wide. For purposes of efficiency, consistency and in order to
better and more effectively enforce various use restrictions and maintenance standards already
codified as part of Zoning Appendix "A" to the Miami Shores Village Code of Ordinances, the
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following provisions thereof shall be deemed to apply to all properties, Village wide, including
properties annexed as part of Miami Shores Village:
a. The provisions regarding prohibited uses contained in Section
501(i)(k)(m)(p)(r) and (s).
b. The provisions regarding signs contained in Section 504(a) and (b).
C. The provisions regarding political signs contained in Section 504.2.
d. The parking restrictions, paving standards and drainage/maintenance
standards contained in Section 520(a)(h) and (i).
e. The landscape design standards contained in Section 536.
f. The landscape maintenance standards contained in Section 537.
All of the foregoing provisions, restrictions and standards may be enforced Village wide
through normal Code Enforcement procedures.
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.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 4. This Ordinance shall become effective immediately upon its adoption on
second and final reading.
PASSED on first reading this 16th day of November , 2010.
PASSED AND ADOPTED on second and final reading this 7th a of December 2010.
ATTEST: Davis, Mayor
AMw
Barbara A. Estee, M C
Village Clerk
PROVED AS TO FORM:
,
Richard Sarafan, Village Atto ey
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