O-589-96 ORDINANCENO. 589-96
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE AMENDING ZONING ORDINANCE NO. 270,ARTICLE IV,
SCHEDULE OF REGULATIONS; PROVIDING FOR BOOK STORES AS
A PERMITTED USE IN THE B-2 DISTRICT; PROHIBITING SALES AND
DISPLAY OF CERTAIN DEPICTIONS OF SEXUAL CONDUCT IN THE
B-2 DISTRICT; AND,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Shores Land Development and Zoning Code presently prohibits
book sales in all zoning districts in the Village; and,
WHEREAS,the Village finds that there is a need for retail bookstores in various sections
of the Village to accommodate community needs for education, self-improvement and cultural
enhancement,provided that such retail sales are compatible with family-oriented values and the
residential nature of the Village as set forth in the Village's Comprehensive Plan; and,
WHEREAS,the Village Council of Miami Shores Village,Florida,has determined that it
would be in the best interests of the citizens and residents of Miami Shores Village to allow,
through the amendment of Miami Shores Village Zoning Ordinance No. 270, Schedule of
Regulations,the sale of books within the Village, expressly prohibiting,however,the sale of
obscene materials to the greatest extent permitted by law; and,
WHEREAS, Miami Shores Village has a reputation as a residential community that
encourages and promotes family values and studies have been conducted by others that have
established that sales of obscene materials have the effect of increasing the risk of crime and of
lowering property values; and,
WHEREAS, immediately contiguous to Miami Shores Village, Dade County has
permitted the operation of establishments that sell obscene material so that prohibition of such
sales within the Village's jurisdictional limits would not act as a total prohibition of the
procurement of such materials to all of the citizens and residents of Miami Shores Village;
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 Zoning Ordinance No. 270,which is incorporated into the Miami Shores Land
Development and Zoning Code, is hereby amended,by the addition of the following underlined
provision at the end of the column entitled "Permitted Uses" in the B-1 District,to read as
follows:
"Notwithstandintz the prohibition of bookstores generally, bookstores shall be a permitted
and authorized use if, and only if,the following criteria are met:
1. No sale or display of my printed or recorded material which depicts "sexual
conduct" as defined in Fla. Stat. sect. 847.001 (1993) shall be 12ennitted,
2. Such establishments must be spaced no less than 1,000 feet gRart,measuring in a
straight line. from the nearest propea line of my existing bookstore,to the
nearest.12rol2ea line of the proposed bookstore:
3. No operation shall be Permitted between 0::00 P.M. and-9,:D-0, AA.
4. All such establishments shall require-a glass storefront design which allows law
enforcement officers to see into the entire sales and display area of the building
from patrol vehicles and on foot-,
5. There shall be a limitation on window signs and displays within three(3) feet o
the windows such that no more than tygn
U-five percent(25%) of the glass area
may be obscured.
6. In-store gondolas, displas and aisles shall be aligned so as to allow observation
by law enforcement officers from patrol vehicles and on foot-,
7. Such establishments shall set minimum lighting levels as 50 foot-candles at the
task surface for the interior, 5.0 foot-candles for the exterior, and 3.0 foot-candles
for parking areas, and such standards shall apply during all hours of operation and
be reduced to 1.0 foot-candles for the interior and for other areas after hours, and
8. Such establishments shall be subject to site 121an 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
Miami Shores Village, 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.
SECTION 4. That the provisions of this Ordinance are to be strictly construed against
the expansion of allowable uses in B-I Zoning Districts (and others that adopt B-I as permitted
uses) in order to continue the Village's policy that the sale of obscene materials within Miami
Shores Village, Florida,be prohibited to the greatest extent allowed by law.
SECTION 5. The provisions of the Ordinance being inseparable, in the event any part of
this Ordinance is found to be invalid,then all of the provisions of this Ordinance shall be void,
and, in such event,bookstores shall be deemed to be a prohibited use in all Zoning Districts of
Miami Shores Village, Florida, as was the case prior to enactment of this Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
adoption.
PASSED, FIRST READING, THIS 21 DAY OF May, 1996.
PASSED, SECOND READING, TIHS 3rd DAY OF September 1996.
Louis S. Imbluirgia,Jr., Mayor
ATTEST:
4ul
Barbara A. Fugazzi, Vill4ge 61erk
APPROVED AS TO FORM:
Y,4�
Mar1rS. Ulmer, Village Attorney