This article sets forth the procedure for and standards applying to special approvals required in this ordinance, to wit:

(1)

Approval by the village council as to certain uses specified in the schedule adopted by Article IV;

(2)

Approval by the planning and zoning board as to site plans, as required in the aforesaid schedule;

(3)

Approval or other determination by the planning and zoning board as to building design, display of signs and other matters, as required in the aforesaid schedule and elsewhere in this ordinance.

Neither the village council nor the planning and zoning board shall have jurisdiction to act in any of the aforesaid matters except in accordance with the procedure described in this article, and any approval otherwise given shall be of no effect and any building permit or certificate of occupancy issued pursuant to any such purported approval shall be null and void. None of the foregoing matters shall be presented to nor considered by either of said bodies except in the form prescribed herein, including accompaniment by all information required herein or hereunder.

(Ord. No. 2023-02, § 2, 4-4-23)

Every application for approval by the village council of a use for which such approval is required by the provisions of the schedule adopted by Article IV shall be presented on a form prescribed by the village manager, giving full details of the proposed use, and shall be accompanied by:

(1)

A plot plan showing the site of the proposed buildings and indicating any contiguous land owned by or under the control of the applicant, and

(2)

A sketch of all buildings involved in the application.

The village council shall consider the aforesaid application, generally, in the light of the purposes set forth in Article I and, specifically, with respect to:

(1)

Traffic resulting from the proposed use in the relation of its volume to normal traffic in the neighborhood, the relation of its routes to intersections and routes of pedestrian traffic, especially that of children, and crossing of lines of traffic flow;

(2)

Intensity of activity of the proposed use in relation to the existing use and prospective development of property in the neighborhood, whether in the same district or not;

(3)

Functional relationship of the proposed use to the existing use and prospective development of property in the neighborhood, with respect to the most beneficial and appropriate use of land;

(4)

Appearance of the proposed building and the development of the site with respect to the degree of its harmony with existing and prospective development in the neighborhood;

(5)

Existing natural vegetation and landscaping, and proposals for vegetative retention and proposed landscaping.

If the village council concludes that, in its opinion, the proposed use will be in harmony with the purposes of this ordinance in the respects set forth in Section 602, it shall approve the proposed use, subject to any conditions that it deems to be necessary or advisable in furtherance of the aforesaid purposes, in connection with which it may require such guarantee as it deems to be necessary to assure that such conditions will be met.

Every site plan presented to the planning and zoning board shall show the complete layout of the proposed development of the site, including the following:

(1)

Locations of all buildings and the front, sides and rear elevations thereof, including the location, size, type and design of all signs;

(2)

Locations of all areas to be used for automobile parking and, in other than R, A and PRO districts, for the loading and unloading of goods;

(3)

Locations and widths of all driveways on and giving access to the site;

(4)

Locations and nature of all walls, fences, landscaping and natural vegetation;

(5)

Existing and proposed drainage of the site;

(6)

Such other information as the planning and zoning board may require in order to act on such site plan in accordance with the requirements of this article.

(Ord. No. 2023-02, § 2, 4-4-23)

In acting on a site plan, the planning and zoning board shall:

(1)

Require adequate space for automobile parking and for the loading and unloading of goods, as specified in the schedule contained in Article IV;

(2)

Make such requirements as to the location of such space and driveways giving access thereto and of vehicular access to the site as will protect the public safety and serve the public convenience;

(3)

Make such requirements as will assure adequate drainage of the site, subject to approval by the South Florida Water Management District with respect to any land lying adjacent to any drainage canal;

(4)

Make such requirements with respect to the following matters:

a.

Building design and location, including setbacks if deemed advisable;

b.

The location, size, type, design and extent of display of signs;

c.

The location and nature of walls and fences;

d.

The location, nature and provision for the maintenance of landscaping;

as will assure a harmonious relation between the uses to which the site plan applies and existing and prospective residential and other development in the vicinity.

(Ord. No. 2023-02, § 2, 4-4-23)

The planning and zoning board shall apply the following standards in acting on proposed new uses and changes of use in C districts, and such standards shall govern both the establishment of any use and its continuing operation:

(1)

No odor, dust, fumes, gas, smoke or other atmospheric pollutant shall be disseminated beyond the boundaries of the immediate site of the building in which the use is conducted.

(2)

There shall be no noise or vibration resulting from or in connection with the use that is perceptible from any part of any R, A or PRO district.

(3)

There shall be no glare resulting from or in connection with the use that is observable from outside the boundaries of the C district within which the use is conducted.

(4)

The vehicular traffic resulting from or in connection with the use shall not be of such volume or normal routing as to add materially to the traffic on streets that primarily serve residential property.

(5)

The use shall not be otherwise detrimental, objectionable or annoying to nearby residential property.

(Ord. No. 2023-02, § 2, 4-4-23)

Every application for approval of building design, signs, lighting, walls and similar structures, or other matters than those set forth in Sections 604 and 606 (already covered therein), as required by the provisions of this ordinance, shall show or be accompanied by such information, including drawings and sketches, as may be required by the rules of the planning and zoning board for full consideration of the subject. In passing on any such matter the planning and zoning board shall be guided by the purposes set forth in Article I and shall give particular attention to the harmony of the item under consideration to the visual composition of the development of the part of the village that is involved, taking account both of the static aspect of such composition and of its appearance in motion, both on foot and by vehicle.

(Ord. No. 2023-02, § 2, 4-4-23)

In passing on any matter before it, the planning and zoning board may approve or deny any application or may approve the same subject to such specified conditions as it may deem to be necessary or advisable in furtherance of the purposes of this ordinance. In addition, the planning and zoning board may, on its own initiation and after consultation with the owners of the land affected, propose a site plan for any part of any B or C district and, after such reasonable notice to the owners of land in the vicinity as may be prescribed in its rules, may consider and act on such proposed site plan.

(Ord. No. 2023-02, § 2, 4-4-23)

Editor's note— Ord. No. 2023-02, § 2, adopted April 4, 2023, amended § 608 and in doing so changed the title of said section from "Planning board action" to "Planning and zoning board action," as set out herein.

Anything herein and in the schedule and zoning map which any parts hereof to the contrary notwithstanding, the village council may from time to time grant permits to schools to conduct their operations in Miami Shores Village. Such permits shall be limited to a period of five consecutive years to any one school and shall permit such school to lease or otherwise obtain the right to use a temporary facility in which to conduct its classes during the period of the license. Such temporary facility shall not be required to conform to other provisions respecting schools in this ordinance, but they shall conform to such additional provisions as the council in its discretion may impose in said permit. Such restrictions may contain, among others, provisions with respect to the use of on-street parking and the effect, if any, created in the immediate neighborhood by the school activities. Said permits are subject to being revoked by the council upon such terms and conditions as may be specially provided for therein.

Editor's note— Ord. No. 711-15, § 4, adopted November 3, 2015, repealed § 610, which pertained to granting of special approval to restaurants for consumption of beer and wine on premises and derived from Ordinance No. 699-13, §§ 1, 2, adopted March 19, 2013.

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 one 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.