Planning Board Staff Report

 


 

 

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

September 22, 2011

 

Subject

Proposed Amendment to the Miami Shores Village Code of Ordinances, Appendix A ZONING, Article VI. Special Approvals. To Add Sec. 620 for which three options are provided:

  1. Sec. 620.  Granting of special approval for the public performance of movies within legitimate theaters.
  2. Sec. 620.  Granting of special approval for the indoor public performance of movies.
  3. Sec. 620.  Granting of special approval for the public performance of movies within legitimate theaters or within other venues.

Provides the authority under which the Village Council may grant special approval for the public performance of movies in Miami Shores.

Action Required

Recommendation to the Village Council

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

August 16, 2011

 

 

 

 

 

 

 

Village Council Action

 

The Village Council at their regularly scheduled meeting of July 5, 2011, voted unanimously to request that the Planning Board consider an amendment to the Miami Shores Code of Ordinances Appendix A Zoning Code, to permit the public performance of movies in Miami Shores.

 

The Village Council discussed allowing movies to be shown at the PlayGround Theatre and at other venues.

 

 

Background

 

On July 28, 2011, the Planning Board held a discussion on possible amendment of the zoning code to permit the public performance of movies in Miami Shores.

 

The Planning Board discussed three alternative amendments to the zoning code providing different options for the regulation of the public performance of movies.

The board expressed a desire to carefully regulate the public performance of movies if they are to be permitted and to build in safeguards to protect the public safety and interest if movies are to be shown.

 

Following their discussion the Planning Board voted to consider the three alternative amendments at a public hearing to be scheduled for September 22, 2011.

 

All three options restrict the public performance of movies to the B1 District.  This district is primarily restricted to the downtown with the exception of one plot on Biscayne Boulevard.  Both the Village Council and Planning Board concentrated on the downtown and did not express a desire to expand the public performance of movies to other zoning districts.

 

All three options require the public performance to be indoors.  There is very little separation distance between the B1 District and adjacent residential areas and secondly, the village can not regulate the content of films shown.  This requirement is proposed to lessen the potential for issues with residences in the area that are adjacent to the B-1 District.

 

All options state that the possible exemption from zoning code requirements does not exempt the applicant from Florida Building Code requirements.

 

Public performance of movies may change the use and occupancy classification of the space utilized and the Florida Building Code may require changes to the space as a result.

 

Both options note that the issuance of a special permit does not alleviate the need to comply with public performance license requirements.  “Public performance” is the term of art used by the Copyright Act of 1976, the Digital Millennium Copyright Act (DMC) of 1998, and the Motion Picture Association of America (MPAA).

 

The following information is from the MPAA:

 

A public performance license is required to show any copyright movie outside of your home with very limited exceptions.    It does not matter how many watch the film or if an admission fee is charged.

 

“Legal Sanctions

 

"Willful" infringement of these rules concerning public performances for commercial or financial gain is a federal crime carrying a maximum sentence of up to five years in jail and/or a $250,000 fine. Even inadvertent infringement is subject to substantial civil damages.”

 

All options allow the Village Council to grant conditional approval, notwithstanding any and all village code requirements including parking requirements for theaters or other venues showing movies.  However, the village council may also add conditions that the council believes necessary to safeguard the public from the negative effects that may result.

 

 

 Analysis

 

Option #1

 

Staff prepared the following language modified from an original proposal by the attorney for the PlayGround Theatre.  This amendment only allows the showing of movies in a legitimate theater.

 

This option allows legitimate theaters as defined, to apply for special approval to show movies.  The special approval  is valid for a period not to exceed 1 year and is renewable.  The theater may show any movies and any number of movies during this time.

 

Sec. 620  Granting of special approval to legitimate theaters for showing of movies on premises, is a new section and is an addition to the code, no existing language is modified or deleted, proposed language is underlined:

 

Sec. 620.  Granting of special approval for the public performance 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 approval hereunder, for the indoor public exhibition of movies, films, video or similar electronic media  within any legitimate theater within a B-1 zoning district.  Every application for special approval shall be presented on a form prescribed by the village manager. The village is authorized to charge a permit fee for such special approval in an amount not to exceed $250.00 annually. Each permit shall expire 1 year after 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 thereof 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 specially provided for therein. Failure to comply with the conditions of granting a special approval may result in 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, that is designed and primarily used for the presentation, available to the general public, 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.

 

 

Option # 2

 

This option allows any venue to apply for special approval to show movies.  The special approval  is valid for a period not to exceed 7 consecutive days.  Up to 2 special approvals may be granted to a single venue in a single calendar year.  The venue may show any movies and any number of movies during this time.

 

 Sec. 620.  Granting of limited special approval for the public exhibition of movies on premises, is a new section and is an addition to the code, no existing language is modified or deleted, proposed language is underlined:

 

Sec. 620.  Granting of special approval for the indoor public performance of movies.

 

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 approval hereunder, for the indoor public exhibition of movies, films, video or similar electronic media  within any B-1 zoning district.  Every application for special approval shall be presented on a form prescribed by the village manager. The village is authorized to charge a permit fee for such special approval in an amount not to exceed $50.00 for a single premise plus $25,00 for each additional premise for the same event. Each permit shall be valid for a period not to exceed 7 consecutive days the first day of which shall begin no later than 30 days after the granting of the special approval by the village council. Up to two (2) special approvals may be granted to a single venue in a single calendar year. In approving the issuance or subsequent permit for the same premises, individual, organization or company, 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 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 specially provided for therein. Failure to comply with the conditions of granting a special approval may result in denial of subsequent permit applications for the same premises, individual, organization or company. 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.

 

 

Option # 3

 

This option allows legitimate theaters as defined, to apply for special approval for the public exhibition of movies.  The special approval  is valid for a period not to exceed 1 year and is renewable.

 

This option allows all other venues to apply for special approval to show movies.  The special approval is valid for a period not to exceed 7 days.  Up to two (2) special approvals may be granted to a single venue in a single calendar year.

 

Sec. 620.  Granting of limited special approval for the public exhibition of movies on premises, is a new section and is an addition to the code, no existing language is modified or deleted, proposed language is underlined:

 

Sec. 620.  Granting of special approval for the public performance of movies within legitimate theaters or within other venues.

 

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 approval hereunder, for the indoor public exhibition of movies, films, video or similar electronic media  within any B-1 zoning district. Every application for special approval shall be presented on a form prescribed by the village manager.

 

(a)   The permit fee for a legitimate theater shall not exceed $250. Each permit shall expire 1 year after 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 thereof 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 specially provided for therein. Failure to comply with the conditions of granting a special approval may result in 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, that is designed and primarily used for the presentation, available to the general public, 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.

 

(b)   The permit fee for all other venues shall not exceed $50.00 for a single venue plus $25,00 for each additional venue for the same event. Each such permit shall be valid for a period not to exceed 7 consecutive days the first day of which shall begin no later than 30 days after the granting of the special approval by the village council. Up to two (2) special approvals may be granted to a single venue in a single calendar year.  In approving the issuance or subsequent permit for the same premises, individual, organization or company, 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 thereof 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 specially provided for therein. Failure to comply with the conditions of granting a special approval may result in denial of subsequent permit applications for the same premises, individual, organization or company. 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.

 

 

Recommendation

 

Staff recommends that the Planning Board consider the amendments presented and recommend one of the three options, or an option as amended, to the Village Council for possible adoption.