O-692-11 I
ORDINANCE NO. 692-11
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,AMENDING
ARTICLE VI,"SPECIAL APPROVALS" BY CREATING SECTION 620 IN THE
ZONING APPENDIX A,CONTAINED IN THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE, FLORIDA,PROVIDING FOR THE ISSUANCE OF
SPECIAL CONDITIONAL USE PERMITS TO PERMIT THE PRESENTATION
OF MOVIES WITHIN LEGITIMATE THEATERS,SETTING FORTH
DEFINITIONS AND CONDITIONS FOR SAME,PROVIDING FOR CONFLICTS,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, During the July 5, 2011 Council Meeting,the Council referred for consideration to the
Village Planning Board,a possible amendment to the Code of Ordinances,Zoning Appendix to allow for
movie presentations at legitimate theaters and other venues in Miami Shores Village;and,
WHEREAS,Together with the Planning Director,the Planning Board researched and reviewed
information relating to various codes pertinent to entertainment venues and held a public hearing at
which testimony was offered; and,
WHEREAS,The Planning&Zoning Board,during their meeting of September 22,2011,voted to
recommend approval of a code amendment to conditionally permit the presentation of movies within
legitimate theaters;
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA:
Section 1. That Sec. 620 of Article VI of the Zoning Appendix A,contained in the Miami
Shores Village Code of Ordinances, is hereby created and shall read as follows:
Sec. 620. Granting of special conditional use permit for the presentation of movies within
legitimate theaters.
Notwithstanding anything to the contrary contained in the Miami Shores Village Code of
Ordinances, and in the schedule which forms a part thereof, the Village Council may, from time
to time, grant special conditional use permits, for the indoor public exhibition of movies, films,
video or similar electronic media, within any legitimate theater within the B-1 zoning district.
Every application for a special conditional use permit shall be presented on a form prescribed
by the Village Manager. The Village is authorized to charge a permit fee for such special
conditional use in an amount not to exceed $250.00 annually. Each permit shall expire 1 year
from the date of issuance thereof, however, permit holders, in advance of their permit's
expiration, may apply to the Village Council for renewal thereof. In approving the issuance or
renewal of any such permit, the Village Council, in its discretion, may impose any reasonable
conditions or additional provisions which it may deem necessary to serve the purposes of the
Miami Shores Land Development and Zoning Code as set forth in Section 602 thereof. Said
permits and renewals shall be non-assignable, shall create no vested rights, and are subject to
being revoked by the Council upon such terms and conditions as may be specifically provided
for therein. Failure to comply with any conditions provided for in the special conditional use
permit may result in the denial of subsequent permit applications for the same premises,
individual, organization or company. For purposes of this section, the term "legitimate theater"
shall be defined as a building, or a part of a building, available to the general public, that is
designed and primarily used for the presentation of legitimate stage productions by
professional performing artists, including but not limited to plays, musicals, dance and other
forms of expression that may incorporate dance, music and/or other elements. The facility shall
have a performance space designed, arranged and used for legitimate performances and
rehearsals of drama, music or dance plus not less than 200 fixed seats. Nothing in this
ordinance shall be construed to abrogate, affect, or supersede any applicable federal, state or
county ordinances, regulations, or authority including the Florida Building Code and public
performance license requirements.
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. This Ordinance shall become effective immediately upon adoption on second
reading.
Passed on first reading this 1st day of November.2011.
Passed and adopted on second reading this 15th day of November. 2011.
ATTEST:
Jim M Coy, Ma or
6W/ ,lYle7C
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
0
Richard Sarafan
Village Attorney