O-578-95 ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, AMENDING ZONING ORDINANCE NO.
270, ARTICLE IV "ESTABLISHMENT OF REGULATIONS",
SCHEDULE OF REGULATIONS, PROVIDING FOR VIDEO
RENTALS AND SALES ESTABLISHMENTS AS A
PERMITTED USE IN B-2 DISTRICT; PROVIDING FOR
DEVELOPMENT STANDARDS THAT MUST BE MET AS
PART OF THE SITE PLAN IN ORDER FOR THE USE OF
VIDEO RENTALS AND SALES TO BE ALLOWED;
REQUIRING FINDINGS AT A HEARING BEFORE THE
VILLAGE COUNCIL PRIOR TO ALLOWANCE OF SAID USE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village finds that there is a need for video sales and rentals in
various sections of the Village to accommodate community needs for entertainment,
provided that the same is planned in a manner which is compatible with the surrounding
land uses; and
WHEREAS, the Village's regulations presently do not provide for video sales and
rentals; and
WHEREAS, development standards will ensure that video sales and rentals in the
B-2 zoning district will be compatible with the surrounding community and provide
adequate parking and facilitate traffic flow; and
WHEREAS, the Village Council of Miami Shores Village has deemed it to be in the
best interest of citizens and residents to amend Article IV of the Miami Shores Village
Zoning Ordinance No. 270, Schedule of Regulations, to provide for video sales and rentals
subject to development standards that include and require a finding at a hearing before the
Village Council to allow the specific use.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA:
SECTION 1: That the foregoing Whereas clauses are hereby ratified and
confirmed as being true and correct, and are hereby made a specific part of this Ordinance
upon adoption hereof.
SECTION 2: That the Schedule of Regulations being a part of Article IV of
the Miami Shores Village Ordinance No. 270, of the Code of Ordinances of Miami Shores
Village, Florida, is hereby amended to read as follows:
B-2
PERMITTED USES.
1. All uses permitted in B-1 districts, subject to all limitations therein,
except that restaurants in which service is provided primarily at tables or
counters entirely within a building may also provide service, except for beer
and wine to occupants of motor vehicles standing entirely within the
boundaries of the plot on which such restaurant is located and in places
designated therefor on the site plan approved for such use, as provided in
Article VI.
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7. Video rentals and sales establishments meeting the following criteria:
a) All such uses shall be located in a planned shopping
center containing at least 40,000 square feet.
b) Such establishments must be spaced no less than
1,000 feet apart, measuring in a straight line, from the nearest
property line of the existing video establishment, to the nearest
property line of the proposed video establishment.
c) No operation of such uses between 12 midnight and 10
a.m. in the morning.
d) All such uses shall require a glass storefront design
which allows law enforcement to see into the entire building
from patrol vehicles and on foot.
e) There shall be a limitation on window signs and displays
within three (3) feet of the windows such that no more than
twenty-five percent (25%) of the glass area may be obscured.
There shall be no signs or displays which advertise video
products, services or types of video products.
D In-store gondolas, displays and aisles shall be aligned
so as to allow observation by law enforcement from police
vehicles and on foot.
g) Such uses shall prohibit display of video images visible
from outside of the facility.
h) Such uses shall require a drive-up tape drop-off box or
window sheltered from weather to ease traffic flow and reduce
parking demand.
i) Such uses shall set minimum lighting levels at 50 foot-
candies at the task surface for the interior, 5.0 foot-candies for
exterior, and 3.0 foot-candles for parking areas. Such
standards should apply during all hours of operation and be
reduced to 1.0 foot-candles for the interior and for other areas
after hours.
k) No video rental or sales establishment shall display, rent,
or sell video tapes which depict "sexual conduct" as defined in
Fla. Stat., sect. 847.001 (11) (1993).
i) Video rental and sales establishments shall be subject
to site plan review and special approval by the Village Council
pursuant to the standards and procedures set forth in Article
VI, in general, and Section 602 in particular.
SECTION 3: It is the intention of the Village Council and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the Village of Miami shores, Florida, and that the Sections of this Ordinance
may be renumbered, relettered and the word "Ordinance" may be changed to "Section",
"Article" or such other word or phrase in order to accomplish such intention.
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SECTION 4: All Ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this 044\ dayof Ockbec 11995.
PASSED, SECOND READING this 8'VA day of UcueiWoer 1995.
-4M ( 4+1!�r
Louis S. Imburgia, Jr., Ma r
ATTEST:
Amlata a,
Barbara A. Fugazzi, Vilfage'tlerk
APPROVED AS TO FORM:
William Fann, Village Attorney